Dallas Texas Easement - Shared Parking

Name: Dallas Texas Easement - Shared Parking
Brand: US Legal Forms
Rating: 4.55 (382 reviews)

Category:

Real Estate - Easements and Rights of Way

State:

Multi-State

County:

Dallas

Control #:

US-00498

Format:

Instant download

Description

This form is a Driveway Easement and Shared Parking Agreement. The grantor conveys to the grantee certain covenants, rights-of-way, and restrictions regarding the use of a driveway and parking lot.

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FAQ

An easement is a means by which a landowner grants another person the right to use the landowner's property for a specific purpose. The land on which the easement is granted is referred to as the servient estate, and the land the easement benefits is referred to as the dominant estate.

A legal easement must be registered against the dominant and servient land ("tenements"), if their titles are registered, to take effect. The benefit of legal easements pass automatically on the transfer of the dominant tenement or part of the dominant tenement.

Importantly, express easements should always be reduced to writing and, in order for them to be enforceable against third parties such as new owners of one of the properties at issue, should be recorded in the county deed records.

If the easement either contains no language related to maintenance (or is not written at all), the default rule is that the dominant estate owner (meaning the person who was granted the easement) is required to adequately maintain the easement at no cost to the servient estate owner (the easement grantor).

A Any substantial interference with a right of way is a nuisance in common law. The owner of the right (known as the dominant owner) can apply to court for an injunction and damages if the landowner (or servient owner) blocks it.

Jones, 578 S.W. 2d 669 (Tex. 1974). The easement use must be uninterrupted and continuous for a period of at least 10 years.

If the 1 or more grantees have exclusive use of the easement facility, each grantee is responsible for arranging the repair and maintenance of the easement facility, and for the associated costs, so as to keep the facility in good order and to prevent it from becoming a danger or nuisance.

To claim easement, the plaintiff must admit the title of the defendant over the property. If the plaintiff claims easementary right that must be proved by sufficient evidence by the plaintiff.

An express easement is expressed to be so by deed and in the case of registered land is referred to in the A Section of the Title Register for the dominant tenement (the land having the benefit of the easement) and in the C Section of the Title Register for the servient tenement (the land burdened by it).

Historically, the easement has been considered to be thirty feet across (fifteen feet on each side of the power line). In 2014, SWEPCO tried to have landowners agree to have the easement officially set to be 100' across.

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"It doesn't really bother a buyer until they find out what the liability is or what the problems that could arise are. (11) Providing traffic or parking regulations for specific locations.Strip malls, shopping centers, multiuse buildings and other businesses often share parking lot space through an exchange of easements. Shared Access Easement Maintenance Agreement . Please park in the West Lot. Other pertinent matters to assist the applicant in completing an application. Dallas police say the suspect shot and killed two residents.

Dallas Texas Easement - Shared Parking

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