Note The library cannot tell you what the law means for your situation.
An easement is a legal right to use someone else's private property for a specific purpose. An easement can be in writing or it can also be implied under the law if certain conditions are met.
Easements can be created for many reasons. Some of the most common types of easements that a property owner may run into are:
In addition to state law, cities may have local laws regulating easements within their area. See our Municipal Laws and Ordinances page for assistance locating your local laws.
Below you will find references to areas of Texas law that govern easements. The list of laws we provide on this page is not exhaustive.
Landlocked property is land surrounded on all sides by other private land and no access to a public road.
A common myth is that owners of landlocked property have an automatic right to use their neighbor's property. This is not true. Landlocked property owners will generally need to get an easement, either from their neighbor or from the court, to legally access their property.
Another common question about easements is who is responsible for maintaining them. This is often discussed within the easement itself if it is in writing. If it does not, or the easement is not in writing, the person granted the easement is generally responsible for its maintenance under Texas common law.
For a public easement, often the local government and property owner will share some responsibility in maintaining an easement. Property owners are often responsible for things such as mowing the grass and clearing overgrown vegetation so that it doesn't obstruct a sidewalk.
A property owner would need to refer to the easement or to their local laws to determine what they are responsible for maintaining. A local government may issue fines to a property owner who fails to maintain easements on their property.
Written easements are often recorded in the county property records, which are kept at the county clerk's office. Some county clerk's offices in Texas offer an online database on their website for the public to search their property records.
To locate a utility easement, one could also try contacting the utility company. They will likely keep a record of the easement on file with their office.
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Note The library cannot tell you what the law means for your situation.