Before purchasing land in Texas, it is a good idea to be aware of how easement rights can affect your property use. A real estate attorney in El Paso, TX, explains.
How Do Easement Rights Affect Property Use in Texas? A Real Estate Attorney in El Paso Explains
What Are Easements?
As easement is a legal right granted to a person or entity to use a certain part of someone else’s property for a certain purpose. It doesn’t mean ownership of the property in any way. It is simply permission to have access to and/or use part of the land for a particular reason.
Easements might be created by written agreements, or they might be just “tradition,” i.e., “We’ve always been allowed to hunt here.” Easements might also come about due to necessity, such as a neighbor needing to create an access road to get to their own property.
Common Types of Easements in Texas
Utility Easements
Easements are often used by utility companies. Property owners must accommodate easements for telecommunication lines, power lines, water lines, and gas lines. They are not permitted to make changes to their property that would affect the utility services going across their land and may not block access to the utility companies needing to install or maintain the lines.
Access Easements
If someone’s property cannot be accessed via a public road, they may be granted easement rights for an access road to be built through part of someone else’s property. This is to guarantee legal access to a piece of land that would otherwise be landlocked.
Prescriptive Easements
If a person openly uses another’s property for a certain purpose for a length of time, and the property owner makes no attempt to stop them, that person is granted a legal easement: they may legally continue to use the property for that same purpose. Texas usually requires that land have been used continually for at least 10 years in that way before a legal easement is granted.
Easements by Necessity
If a property would be useless without access to another piece of land, then an easement by necessity may be granted. The goal is to avoid having property that is unusable due to being landlocked.
How Easements Can Affect Property Use
A property owner cannot freely change how their land is used if it will affect a property easement. For example, they may not erect permanent structures that will interfere with utility lines or fence off the portion of land needed for access to a neighboring property. It is wise to check easement rights before purchasing property, especially if the purchase is intended for development.
How to Find Out If a Property Has Easements
County property records will show easements attached to the title of a property, if they have been formed by written agreement. Professional land surveys can find indications of where easements exist, like access roads or utility lines. Easements which have been established by necessity or prior use may be discovered through word of mouth, talking with neighbors and others.
Impact of Easements on Property Development in Texas
Easements can significantly affect how a property is developed or improved. For instance, if a property has an existing utility easement, developers must be aware that they cannot build structures such as buildings or fences in these areas. This is especially important when purchasing land for commercial or residential development. An easement rights review should be part of any pre-purchase property investigation to ensure the land can be developed according to the buyer’s plans.
Understanding Easement Termination and Modification in Texas
While easements are typically permanent, certain circumstances may allow for their termination or modification. For example, if the easement is no longer necessary, the dominant estate may be able to request its termination through a legal process. It’s important to consult a real estate attorney to determine if an easement can be modified, especially if changes to land usage or property boundaries are being considered.
Frequently Asked Questions
- What happens if an easement is violated in Texas?
If an easement is violated, the property owner may be required to restore access or remove any obstructions. In some cases, legal action may be pursued to ensure the easement’s enforcement. - Can easements be sold or transferred in Texas?
Yes, easements in Texas can be sold or transferred, particularly if they are commercial or utility-related. It’s essential for property owners to be aware of the terms governing the easement when considering any transfer or sale. - How can I find out if my property has a utility easement in Texas?
Utility easements are typically recorded in county property records. A property survey can also provide clarity on whether your land has utility easements, especially for power lines, water lines, or communication infrastructure. - Do I have to accommodate easement rights for utilities on my land in Texas?
Yes, property owners must accommodate easement rights for utilities, as these are typically considered a legal necessity to ensure service continuity. Blocking or altering these easements may result in legal consequences. - What is the difference between a prescriptive easement and an easement by necessity in Texas?
A prescriptive easement is established through continuous use without the landowner’s objection, typically for at least 10 years. An easement by necessity is granted when a property is landlocked and requires access through another property to be usable.
If you need advice related to Texas easement rights, get in touch with our legal team at the Law Office of Albert Nabhan, PLLC, in El Paso, TX.
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