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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Easement and Right of Way (For Electrical Transmission Lines - Short...

Bexar Texas Easement and Right of Way (For Electrical Transmission Lines - Short Form)

Name: Bexar Texas Easement and Right of Way (For Electrical Transmission Lines - Short Form)
Brand: US Legal Forms
Rating: 4.75 (312 reviews)

Category:

Oil Gas and Minerals - Easements and Rights of Way

State:

Multi-State

County:

Bexar

Control #:

US-OG-989

Format:

Instant download

Description

This form is a short form easement and right of way for electrical transmission lines.

How to fill out Bexar Texas Easement And Right Of Way (For Electrical Transmission Lines - Short Form)?

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FAQ

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).

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.

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 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.

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).

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.

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.

Bexar Texas Easement and Right of Way (For Electrical Transmission Lines - Short Form)

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FAQ

How do I record an easement in Texas?

Can a property owner block an easement in Texas?

How do easements work in Texas?

How do I enforce an easement in Texas?

What are the easement laws in Texas?

Who is responsible for easement maintenance in Texas?

How do I file an easement in Texas?

How do I get an easement of the right of way?

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