Can a property owner block an easement in Texas?

For the most part, a property owner can't block an easement if it was already mentioned in the property's deed. If the property owner tries to contest the easement's boundaries, then it's a good idea to have a property survey conducted by a reputable local company in Guadalupe County, TX.

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Driveway Easement and Shared Parking Agreement

Bexar Texas Driveway Easement and Shared Parking Agreement

Name: Bexar Texas Driveway Easement and Shared Parking Agreement
Brand: US Legal Forms
Rating: 4.67 (296 reviews)

Category:

Real Estate - Easements and Rights of Way

State:

Multi-State

County:

Bexar

Control #:

US-EAS-33

Format:

Instant download

Description

Easement and agreement between two properties for a right of way and restrictions for use, access and maintenance of a driveway and parking lot. An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land. In the case of a driveway easement, it allows the person who is the beneficiary of the easement to cross the "servient" property. The land which receives the benefit of the easement is called the "dominant" property or estate. A driveway easement may be created by recording a deed that states, for example, that one neighbor owns the driveway to the halfway point, but has an easement or right of way to use the remainder; however, the adjoining home owns the other half of the driveway, with a right-of-way with respect to the portion the neighbor owns. An easement may be claimed by prescription for the use of the driveway. This requires proof that your neighbor willingly abandoned his use of the driveway during the adverse period when you and your predecessor in title enjoyed the exclusive use of the driveway. Easements should describe the extent of the use, as well as the easement location and boundaries. For example, if an easement is created for the driveway for one house, the owner of the easement cannot turn his house into a hotel with many cars travelling over the easement if the easement was intended for use by a single family.

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FAQ

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).

For the most part, a property owner can't block an easement if it was already mentioned in the property's deed. If the property owner tries to contest the easement's boundaries, then it's a good idea to have a property survey conducted by a reputable local company in Guadalupe County, TX.

There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.

As such, the courts have largely limited the use of Negative Easements to a small list that includes Easements for air, the flow of an artificial stream, light, and for Subjacent or Lateral Support.

Affirmative easements are the most common. They allow privileged use of land owned by others. Negative easements are more restrictive. They limit how land is used.

The elements required are: (1) a representation; (2) belief in the representation; and (3) reliance on the representation. Again, in order to enforce this type of easement, the landlocked owner would be forced to file a court action, to prove each element, and to get an order from a judge.

Easements are a pervasive element in Texas property law and are generally defined as a right, privilege, or advantage that exists as a distinct interest from ownership rights in real property. Most commonly, an easement allows a person (or the public) to use the land of another in a certain manner.

The difference is that, with an easement appurtenant, the dominant estate your neighbor, for example holds the right to the land. With an easement in gross, the users of the easement aren't estates, they're people like utility companies or services.

Some shared driveways exist completely on one property, and the easement grants the other property owner rights to use and possess the driveway to access his or her property.

There are several types of easements, including: utility easements. private easements. easements by necessity, and. prescriptive easements (acquired by someone's use of property).

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-- SUBJECT TO AS SHOWN. Or the neighbors often have guests and use the driveway for parking. Hazards.Children leave bicycles or toys in the driveway. Cost and expense, shall maintain and repair the driveways and other improvements within the. Of a registered professional engineer, registered in the State of Texas. Gas mains are permissible in easements beneath concrete parking lots, sidewalks and driveways or driveway approaches. Crash history in the Bexar County region. Or more of stormwater flow in a one percent chance event, all structures, paved roads, driveways.

Bexar Texas Driveway Easement and Shared Parking Agreement

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