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Is an easement taking away the ease of enjoying your property?

If you purchased a home or property in Texas, it may surprise you to learn that there is an easement on your property. This issue could impact your ability to enjoy your property and use it as you wish, and fully understanding how an easement works could be beneficial. 

An easement means that another person could have the right to use your property for a specific reason. For example, the path to public property could run through your property, and others could have the right to come onto your land to access this area. Knowing how easements work could make it easier for you to effectively navigate this complex area of real estate law.

The two types of easements

There are two types of easements that could impact your property and your right to enjoy your property as you wish. The differences between the two are as follows:

  • Implied easement: An implied easement is one that exists because its circumstances imply that it does. For example, if your land was once part of a larger piece of land, there could be an easement. An implied easement would allow others to access their land as they did according to the original property lines and it must be necessary for their enjoyment or full use of their own private or public property.
  • Express easement: An express easement exists through a deed or through a grant in a will. It has to be in writing, and happens when the owner passes the land to another person while reserving an existing easement or putting a new easement in place.

Property disputes and concerns are complex legal issues, and it is smart to handle these with the support of a knowledgeable legal ally. You may feel that your right to enjoy your property is at stake, and it is beneficial to seek a full understanding of how to protect yourself in this type of situation.

Protecting your rights

If there is an easement on your property, you likely want to know if it is legally enforceable, what it means for you and your family and if it is possible to have it removed at some point in the future. You always have the right to know your options, no matter what real estate law issues you are dealing with.

The first step in protecting your rights could be as simple as reaching out for help when you are unsure of where to turn. Dealing with easements is not easy, but doing so entitles you to pursue a reasonable and positive outcome to your situation.

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William T. Peckham
1104 Nueces Street, Suite 104
Austin, TX 78701
Phone: 512-487-7604
Fax: 512-478-1790
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