Types of Easements Used by a Land Planner in Guadalupe County, TX

January 11, 2017 2:24 am Published by Leave your thoughts

Easements allow for right of way through property that does not belong to you. If you are a land planner in Guadalupe County, TX and see that people need to cross a neighboring land plot to get to your subdivision, you need to talk to your attorney about easements. Here are the types of easements used in Texas:

  • Easement by necessity: This type of easement arises with landlocked parcels where the only access is through another’s land. For example, a landowner may subdivide and sell the back 100 acres and keep 200 acres. The only way for the new owner to access the 100 acres is to cross the 200 acres, and that right would be granted by an easement by necessity, because there is no other way to access the 100 acres. If the original landowner sells the land but refuses to grant the easement, it could be forced in a civil action because selling land and refusing access is not in the best interest of justice. Easements by necessity also arise to give landowners water or utility access, because those are essential services.
  • Easement by prescription: Also known as an implied easement, this is an easement that arises out of habit rather than any formal agreement. If an adjoining landowner crosses another person’s land as a shortcut, or lays utility lines through it for a minimum number of years, that becomes an easement by prescription, and it is legally enforceable if the owner of the property later disputes the easement. The minimum amount of time these easements must be used before they are enforceable is seven years, just as with adverse possession.
  • Easement by implication: Reasonable and expected use of adjoining land can also grant an automatic easement. Continued and obvious use like access roads, power lines and even shared fishing holes can become easements by implication. Basically, the adjoining landowner is aware of the use and never disputes it. It is like an easement by prescription, except the use is noticed and accepted. The easement by implication also does not have to continue for a set time limit before becoming enforceable.
  • Easement by condemnation: The government securing access through a private land holding via eminent domain creates an easement by condemnation. This involves public services like sewer lines, utility wires and even public roads. The condemnation only involves the land needed for the service and does not revoke ownership in the entire parcel. However, the government entity is required to compensate the landowner for value lost in creating the easement.
  • Conservation easement: When there is an environmental interest, a conservation easement helps preserve it. Sold to a public agency or private organization, this easement allows the land to continue preserving species, habitat or natural aesthetics. The easement limits development on these parcels to meet the environmental goals.

Bettersworth & Associates, Inc. is here for the land planner in Guadalupe County, TX and the private citizen alike. Call us today to arrange for the land survey you need to set up easements or plan subdivisions.

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