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Because an easement represents an interest in land, it is required to be in writing, subscribed by the grantor, and delivered (Sec. 5.021). In order to be recorded, an easement deed must be signed by the grantor and properly acknowledged, sworn to with a jurat, or proved ing to law (Sec. 12.001a).
Grant of Release Lastly, an easement can terminate by a release being granted by the owner. However, the release should be placed in writing and recorded in the county land records. If not, serious title problems could result in the future.
Easements are nonpossessory interests in land. The holder of an easement has the right to use a tract of land for a special use only, and does not own or have full use and enjoyment of the land. Often, easements are created in Texas to give a person or corporation a right of access across a piece of land.
Since this type of easement does not involve a public entity, the responsibility for damages to guests on an easement lies with the property owner if any accident occurs.
Competing Easement Rights Sometimes homeowners want to understand if they can remove an easement from their property or can a property owner block an easement. If the intent is to prevent or obstruct the use of the easement, the answer is probably no.
Yes, in most cases, you can build a fence on an easement. Fences are regularly built along or across easements. Homeowners who do this must expect the chance that their fence might be pulled down by a dominant estate (utility company, for example).
The property owner must still maintain those types of easements. The property owner will also be the party who must take responsibility if an accident occurs on the easement.
Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.