Texas Driveway Easement Agreement

Services play an important role in everyone`s life. People are subjected to services on a daily basis that are either granted, enshrined or condemned for public rights of way. In addition, people are constantly using the energy transported along the pipeline and supply services. In rural areas, many areas that are not served by public roads would be virtually worthless if there were no private services crossing nearby land. This publication presents two main categories of easements, private and public. Private easements are those for which enjoyment and use are limited to one or a small number of persons. Public services are those in which the rights of enjoyment and use are conferred on the general public or on an entire community. An easement is defined as a real estate right, lien or benefit that exists separately from ownership of the land. In other words, easements consist of an interest (or estate) in real estate that does not constitute total ownership.

Most often, servitude involves the right of one person (or the public) to use another person`s country in a certain way. If the easement does not contain maintenance language (or is not written at all), the standard rule is that the dominant owner of the estate (i.e., the person who has been granted) is required to “properly maintain” the easement at no cost to the owner of the servant estate (the employer). In the absence of an explicit agreement to the contrary, the owner of the dominant estate is obliged to maintain the servitude and the owner of the service estate does not have the right to intervene in the dominant succession. Roberts v. Freindswood Dev. Co., 886 S.W.2d 363, 367 (Tex. Ct. App.

– Houston, 1994). The owner of the dominant property must use the right appropriately and not inappropriately interfere in the property rights of the owner of the service estate” Barnett v. Harvard, 2014 WL 2611153 (Tex. Ct. App. – Beaumont 2014). Therefore, the owner of the service estate is not required to maintain the easement and is not required to contribute to the costs of performing such maintenance. See West v. Giesen, 242 p.W.

312, 320-21 (Tex. Civ. App. 1922). Easements should not be confused with licences. A licence is only the authorization granted to a person to perform an act or deed on another person`s land. It does not justify any interest in land such as easements. Licenses do not have to be written to be effective and are generally revocable at any time.

Tickets for entertainment or sports events are a good example of licenses. As the court explained, for example, the party that was on duty was responsible for preserving and repairing the road and preventing flooding. Servitude is a legal right to use another person`s country for public or private purposes. While many easement agreements are recorded in property registers, this is not always the case. Some services can be purchased in another way. .

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