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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Nonexclusive Easement and Right of Way to Use Grantor's Private Road

Bexar Texas Nonexclusive Easement and Right of Way to Use Grantor's Private Road

Name: Bexar Texas Nonexclusive Easement and Right of Way to Use Grantor's Private Road
Brand: US Legal Forms
Rating: 4.64 (465 reviews)

Category:

Real Estate - Easements and Rights of Way

State:

Multi-State

County:

Bexar

Control #:

US-OG-073

Format:

Instant download

Description

This form grants the nonexclusive right to make use of the Grantors existing road.

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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.

The requisites of compulsory easement of way can be summarized as follows: That the dominant estate is surrounded by other immovables and has no adequate outlet to a public highway; After the payment of property indemnity. That the isolation was not due to acts of the proprietor of the dominant estate.

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.

In order to obtain an implied easement, the party seeking the easement is required to go to court, prove each of the required elements for the type of implied easement sought, obtain a court order granting the easement, and file the court order in the county deed records.

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 according to law (Sec. 12.001a).

An easement is defined as a right, privilege or advantage in real property, existing distinct from the own- ership of the land. In other words, easements consist of an interest (or estate) in real property that does not constitute full ownership.

Bexar Texas Nonexclusive Easement and Right of Way to Use Grantor's Private Road

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FAQ

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Can a property owner block an easement in Texas?

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