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Real property

easement

An easement is an interest in land that is owned by another person and gives the easement holder or easement owner the right to use or control the other person’s land in some limited way—such as the right to drive across another person’s private property to access a public highway or other public road (an ingress-and-egress easement).

There are many different types of easements, depending on the nature of the use of the land—such light-and-air easements; mineral easements; timber easements; noise easements; and railroad easements—and how the easement was acquired—an express easement; an implied easement; a prescriptive easement; an easement by necessity; or an easement by estoppel, for example.

There are also negative easements that prohibit the owner of a property (the servient-estate) from doing something, such as building a home or structure that blocks the view or sunlight for an easement holder—often an adjoining property owner (the dominant estate).

Public utility companies (gas, electricity, telephone, water, sewer, cable, etc.) often have easements to place utility transmission, distribution, or power lines on private property and access them for installation, repair, and maintenance.

Laws regarding easements vary from state to state and may be located in a state’s court opinions (also known as its common law or case law) or in its statutes.



State Statutes for the State of Texas

CHAPTER 954 - PETROLEUM AND MINERAL LAND SERVICES

include acts relating to the lease, purchase, sale, or transfer of a mineral or mining interest in real property or an easement or other interest associated with a mineral or mining interest in real property

CHAPTER 183 - CONSERVATION EASEMENTS

(1) "Conservation easement" means a nonpossessory interest of a holder in real property that imposes (4) "Servient estate" means the real property burdened by the conservation easement. (d) An interest that exists in real property at the time a conservation easement is created is not impaired (1) an owner of an interest in the real property burdened by the easement;

CHAPTER 282 - TOLL UNDERPASS OR TUNNEL IN CERTAIN COUNTIES

A county may condemn a right-of-way or easement in real property necessary to construct an underpass,

CHAPTER 561 - WATER CONTROL BY COUNTIES

(a) A county may acquire public or private real property, including easements and rights-of-way, for

CHAPTER 272 - SALE OR LEASE OF PROPERTY BY MUNICIPALITIES, COUNTIES, AND CERTAIN OTHER LOCAL GOVERNMENTS

(3) land or a real property interest originally acquired for streets, rights-of-way, or easements that (f) The fair market value of land, an easement, or other real property interest in exchange for land , an easement, or other real property interest as authorized by Subsection (b)(3) is conclusively determined

CHAPTER 454 - MUNICIPAL MASS TRANSPORTATION SYSTEMS

transportation service in those areas on, under, over, along, or across a public street or highway and on real property, an easement, or a right-of-way acquired for that purpose.

CHAPTER 263 - COUNTY HOSPITALS AND OTHER HEALTH FACILITIES

(1) purchase or lease real or personal property or acquire real property and easements to real property

CHAPTER 1477 - OBLIGATIONS FOR OTHER COUNTY PURPOSES

(a) In exercising any power granted by this subchapter, a county may acquire real property and easements (b) The commissioners court shall determine the amount and character of interest in real property and easements to be acquired by the exercise of the power of eminent domain.

Federal Statutes

§ 9781. Disposition of real property at missile sites

property described in paragraph (2) or in any easement held in connection with any such tract of real that real property or easement. that real property or easement. (A) Whenever the interest of the United States in a tract of real property or easement referred to in that real property or easement.

§ 6904. Acquisition, maintenance, and use of property

The Secretary of Transportation may acquire for the Federal Government an interest in real property ( including easements or reservations) and any other property interest (including contract rights) in or

§ 101113. Gifts, devises, or bequests

For purposes of this section, an interest in real property includes easements or other rights for preservation

§ 2688. Utility systems: conveyance authority

(B) Real property, easements, and rights-of-way associated with a system referred to in that paragraph

§ 6232. Definitions

(4) The term “interest in land” means any ownership or possessory right with respect to real property , including ownership in fee, an easement, a leasehold, and any subsurface or mineral rights.

§ 2695. Acceptance of funds to cover administrative expenses relating to certain real property transactions

(2) The grant of an easement over, in, or upon real property of the United States.

§ 2662. Real property transactions: reports to congressional committees

(C) A lease, license, or easement of real property owned by the United States (other than a lease or In the case of a proposed lease, license, or easement of real property owned by the United States covered In the case of a proposed lease, license, or easement of real property owned by the United States covered

§ 718d. Expenditure of funds

in the subaccount referred to in subsection (a)(3) shall be used by the Secretary solely to acquire easements in real property in the United States for conservation of migratory birds.