How could an easement affect your property rights?

| Aug 20, 2018

As a Texas property owner, you understand the importance of knowing exactly where the property boundaries lie and any potential complications that could affect your preferred use of the land. One of these complications could include an easement on your property. If there is one, it is in your best interests to know what it means and how it will affect you.

An easement allows another party to use the property in a certain way, but it does not allow for any possessory rights. This means that another person could access your privately owned property, even if you do not want them to or they have no ownership stake in the land. There are various types of easements, and you may find it beneficial to know how to shield your property rights and interests.

Types of easements and how they could impact you

Most people lack a full understanding of what an easement is and what it could mean for them. It is important to know what type of easement is on your property so you can determine what steps are appropriate after that. Two of the main types of easements are implied and express easements. The differences between the two are as follows:

  • Implied easements: This type of easement does not come from a formal legal document, but rather, the circumstances imply its existence and it must be reasonably necessary. For example, people may need to cross your property to access theirs, which could happen in subdivided plots.
  • Express easements: The creation of this type of easement happens when a person, often the original owner, includes it in a will or deed to a specific piece of property. There must be appropriate documentation to prove the right to access the land.

If you have concerns about what to do about an easement that affects your property, you may find it beneficial to seek a complete evaluation of your case. Depending on the circumstances, it is possible there may be a way for you to remove the easement.

Act now to protect your property rights

When your property rights are at stake, you can take action to shield your interests. You can do this by seeking a complete evaluation of your case and an explanation of the legal options available to you. It is not easy to deal with property rights and legal complications, but you do not have to walk through this alone.