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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Bexar
Road and Utility Easement Agreement

Bexar Texas Road and Utility Easement Agreement

Name: Bexar Texas Road and Utility Easement Agreement
Brand: US Legal Forms
Rating: 4.87 (425 reviews)

Category:

Oil Gas and Minerals - Easements and Rights of Way

State:

Multi-State

County:

Bexar

Control #:

US-OG-1129

Format:

Instant download

Description

This form is a road and utility easement agreement.

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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.

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.

How to Get Rid of Real Estate Easements Quiet the Title. Allow the Purpose for the Easement to Expire. Abandon the Easement. Stop Using a Prescriptive Easement. Destroy the Reason for the Easement. Merge the Dominant and Servient Properties. Execute a Release Agreement.

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 easement use must be uninterrupted and continuous for a period of at least 10 years.

Generally, when a driveway gives access to two or more properties, then the responsibility for its maintenance is shared jointly by the owners of those properties. Under the Land Transfer Regulations the cost of general repairs and maintenance of a right-of-way should be shared equally by users.

A utility easement allows power, gas, water, sewer, drainage, telephone, cable utilities the right to use an owner's property for specific purposes such as to construct, repair, maintain, operate, and manage utility facilities. The property owner owns the land upon which the easement is located.

No, but a Texas landowner has options for obtaining legal right to access their landlocked property. Each of those options will be discussed in detail as a three-part series, with today's article addressing Part One.

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).

Easements may be extinguished by abandonment. Abandonment takes place whenever cessation of use occurs accompanied by a clear intent never to use the easement again. Mere nonuse does not constitute aban- donment. However, the intent may be inferred from the circumstances if such evidence is clear and definite.

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Bexar County Clerk's Document (B. ______, and more particularly as described in a Deed recorded in Document.For a free version of Acrobat Reader, please click on this logo. Complete list of Texas Comptroller Property Tax Forms and Applications click here. RIGHTS-OF-WAY AND EASEMENTS FOR FUTURE ROADWAYS AND UTILITIES.

Bexar Texas Road and Utility Easement Agreement

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FAQ

How do I enforce an easement in Texas?

What are the easement laws in Texas?

How do easements work in Texas?

How do I get rid of an easement in Texas?

Can a property owner block an easement in Texas?

How long does an easement last in Texas?

Who is responsible for repairing easements?

What is a utility easement in Texas?

Can you be landlocked in Texas?

Who is responsible for easement maintenance in Texas?

Do easements expire in Texas?

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What is a Bexar Road and Utility Easement Agreement?

Why do I need a Bexar Road and Utility Easement Agreement?

Who is responsible for maintaining the road and utility easements?

What happens if I don't sign the Bexar Road and Utility Easement Agreement?

Can the utility company change the location of the easements on my property?

Are there any restrictions on building structures within the easements?

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