What is the difference between a right of way and an easement?

What is the difference between a right of way and an easement?

What are Easements and Rights-of-Way? Easements are nonpossessory interests in real property. More simply, an easement is the right to use another’s property for a specific purpose. Rights-of-way are easements that specifically grant the holder the right to travel over another’s property.

Can you block a utility easement?

Remember that your deed permits utility companies to access it whenever needed so that they can take you to court—they can ask the judge for an injunction to stop you from blocking entry onto your property—for violating the easement.

What is a utility easement in Texas?

Easements are nonpossessory interests in land. Often, easements are created in Texas to give a person or corporation a right of access across a piece of land. For example, an Austin homeowner may give an easement to Austin Energy granting access to utility lines on the property. Easements can be private or public.

Can a right of access be removed?

It is very difficult for a right of way to be removed, without the consent of those benefiting from it. Once a right is established in the property deed, it keeps the same status as an expressed right of way, whether the right is still being used at the time the action starts or not.

What are the 4 types of easements?

There are four common types of easements. They include easement by necessity, easement by prescription, easement by condemnation, and party easement.

Can you put a gate across an easement?

The short answer is that yes the land owner likely can close and/or lock the gate across an easement.

Can a Neighbour block access to my property?

If you believe you are entitled to use a right of way which has been obstructed, you can take legal action against your neighbour provided the interference is substantial. If you believe someone is accessing your land without the right to do so then there is a crossover between rights of way and trespass.

What is a notice of removal of implied right of access?

This is an extremely powerful document used in the correct circumstances. It can be posted as a notice on the entrance to your property or sent to a Corporation as notice that they should not send agents to your property.

Can a utility company use an easement on your property?

A utility company may have an easement on your property to access an electrical pole. Or if your driveway overlaps your property line, you might rely on an easement on your neighbor’s property to get to your garage.

What to do if a utility line is placed on your property?

If you are concerned because a utility line has been placed on your property without your consent, you may want to consult an attorney who specializes in real estate law. The ins and outs of property easement laws can become complex and a competent attorney can help you to know your legal rights in easement situations.

Do you have to call 811 before digging an easement?

State laws generally require you to call 811 before you begin digging in a utility easement, right of way, or public property, giving the utility company time to mark the location of underground lines before you start excavating. These markings are color-coded to indicate the specific utility.

How can I find out if a neighbor has put an easement on my property?

However, when your real estate agent pulls the title on the property, it should be disclosed there. If you’d like to know for sure, though, you can check with the various utility companies servicing the area. You can also check with the county or city government in case a neighbor has put an easement on the property.