If you own property in Texas, or are thinking about buying land, you need to understand easements.
Easements are one of the most misunderstood aspects of real estate ownership. They can limit how you use your property, affect development plans, and create long-term obligations that bind future owners. They also frequently become the source of neighbor disputes and litigation.
Here’s what every Texas landowner should know.
What Is an Easement?
An easement is a legal right to use someone else’s land for a specific purpose.
It does not transfer ownership. Instead, it creates a limited property interest that allows use of the land in a defined way. Because an easement is an interest in land, it typically “runs with the land,” meaning it binds future owners.
Unlike a license, which can usually be revoked, an easement is often permanent unless it is properly terminated.
Common Types of Easements in Texas
1. Utility Easements
These are the most common. Utility companies may have the right to install and maintain electric lines, water lines, sewer systems, gas pipelines, or telecommunications equipment across private property.
Even though you own the land, your ability to build within that easement area may be restricted.
2. Access Easements (Ingress and Egress)
Access easements allow one property owner to cross another property to reach a public road. These are common with rural or landlocked properties in Central Texas.
Access disputes often arise when gates, fences, or road conditions interfere with use.
3. Easements Appurtenant vs. Easements in Gross
An easement appurtenant benefits a specific parcel of land and transfers automatically with that property.
An easement in gross benefits a person or entity rather than a parcel. Utility easements are typically in gross.
The distinction matters because it affects transferability and enforceability.
How Easements Are Created in Texas
Easements can arise in several ways:
Express Easements – These are created by written agreement and recorded in the county property records. Most easements in residential subdivisions fall into this category.
Easements by Necessity – If a property becomes landlocked, Texas law may recognize an access easement by necessity over neighboring land.
Prescriptive Easements – If someone uses property openly, continuously, and without permission for the required statutory period, they may claim a prescriptive easement. These cases are highly fact-specific and often contested.
Why Easements Matter in Real Estate Transactions
Easements can:
- Restrict building locations
- Limit fencing options
- Affect development plans
- Create maintenance obligations
- Reduce or increase property value
Title commitments and surveys typically reveal recorded easements. However, not all easement claims are recorded. Implied or prescriptive claims may require deeper legal analysis.
Before closing on property, especially in rural areas or on larger tracts, reviewing easement issues carefully can prevent expensive litigation later.
When to Involve an Attorney
You should consider legal review if:
- You discover an easement after contract execution
- A neighbor claims access rights you did not expect
- You are buying land without direct road access
- You are planning construction near a recorded easement
- You are involved in a dispute over scope or obstruction
Easement language matters. A few words in a recorded document can determine the outcome of a dispute.
If you are buying, selling, or developing property in Austin or the surrounding Central Texas area, careful review of easement issues can protect your investment and avoid unnecessary conflict.
