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Real property

private easement

A private easement is an easement that provides the right to use and enjoy a tract of property (the servient estate) by one specific person or a few specific people. Private easements are often sold to an adjoining property owner to allow the adjoining property owner to use the easement seller’s property in a limited way.

For example, a private sewer easement may be sold to a person building a house to allow the sewer line to slant properly to the street—which may require it to run underneath the easement seller’s property (the servient estate).

In Texas, a private easement is a non-possessory right to use another person's land for a specific purpose. It is typically granted by the owner of the servient estate (the property over which the easement runs) to the owner of the dominant estate (the property that benefits from the easement). Private easements can be created by a written agreement and recorded in the county where the property is located to provide notice to third parties. The terms of the easement, including its duration, scope, and any conditions or restrictions, are usually outlined in the agreement. Texas law requires that easements be created with clear and express language, and they must comply with state statutes, such as the Texas Property Code. Easements can be transferred with the dominant property and can also be extinguished under certain conditions, such as when the need for the easement no longer exists or if the owner of the servient estate acquires the dominant estate, merging the two properties and terminating the easement (a process known as extinguishment by unity of ownership).

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