Easement
A legal right to use another person's land for a specific purpose. Common easements include utility access, shared driveways, and drainage rights. Easements 'run with the land' and transfer to new owners.
Understanding Easement
Easements grant non-owners specific, limited rights to use property. The property burdened by the easement is the 'servient estate'; the property (or person) benefiting is the 'dominant estate.' Easements can be appurtenant (benefiting neighboring land) or in gross (benefiting a specific person or company, like utilities).
Common easement types include: utility easements (power, water, sewer lines), access easements (driveways, roads), drainage easements, and conservation easements. They can be created by express grant, reservation in a deed, necessity, or long-term use (prescriptive easement).
Easements affect property use and value. A major transmission line easement across a property significantly impacts development potential. A shared driveway easement affects privacy and parking. Buyers should understand exactly where easements are located and what they permit.
For curative title investors, easement issues sometimes create acquisition opportunities. Disputed easements, unclear boundaries, or conflicts between easement holders and owners can cloud title. Resolving these disputes can be part of the curative process.
Real-World Example
A property has a 20-foot utility easement along its rear boundary. The power company has lines within the easement. The property owner wants to build a shed but discovers it would encroach on the easement. The owner must build elsewhere or negotiate an easement modification with the utility.
Texas-Specific Information
Texas recognizes various easement types and creation methods. Prescriptive easements require 10 years of adverse use in Texas. Texas courts also recognize easements by estoppel and implied easements. Texas utility easements are common and can be significant in rural areas with oil and gas infrastructure.
Related Terms
Encumbrance
Any claim, lien, or liability attached to real property that may affect its value or transferability. Encumbrances include mortgages, easements, liens, deed restrictions, and any other interest held by someone other than the owner.
Title Search
An examination of public records to trace the chain of ownership and identify any liens, encumbrances, or defects affecting a property's title. Title searches are essential for real estate transactions and title insurance.
Deed Restriction
A limitation on property use recorded in the deed or a separate declaration. Deed restrictions control what owners can and cannot do with their property, such as architectural standards, permitted uses, and prohibited activities.
Track Deals Involving Easement
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