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Two main types of easements and what they mean for your property

Texas property owners or potential buyers may find themselves surprised to learn about specific types of complications that can affect how they use and enjoy a specific piece of land. Easements can affect property use, and both owners and potential owners would be wise to find out about any potential easement before moving forward. As a buyer or owner, it could be important to know what an easement means and what you can do about it.

An easement is a legal interest in another owner's property. Simply put, this means that another party could have the legal right to access, walk through, drive on or use your land for a specific purpose. There are two main types of easements, express and implied.

The differences in easement types

It is in your interests to know which of the two easements currently affect your property. Knowing the extent of the easement will allow you to protect your property rights and effectively deal with any potential violations of your interests. The differences between the two are as follows:

  • Implied easement: With implied easements, certain circumstances imply the existence of the easement, even if there is no official document for it. These are more common after the subdivision of a large piece of land into smaller parcels. There must be evidence that an implied easement is necessary to a reasonable extent.
  • Express easement: A person can create an easement through a will or a property deed. A property owner can preserve an express easement, even after selling or giving the property to another person.

Understanding easements and how they work can be complex and confusing. Instead of wondering what you can do about it, you would be wise to seek an evaluation of your case in order to understand what this means for how you use and enjoy your property.

What can do you about an easement?

Dealing with easements can be confusing. If you would like to find out if it is possible to remove an easement or if a party is encroaching on your property, you can seek help and guidance. You do not have to navigate complex real estate matters on your own, but you can take immediate action to preserve your property rights. If you are thinking about buying property with an easement, it is smart to know exactly what this could mean for you before you move forward.

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