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Easements in Texas

Real Property

This article explains the concept of easements.

This 2013 article by the Texas A&M Real Estate Center, reproduced here in part, explains the concept of easements, how easements are created, and how they are terminated.

What are easements?

An easement is defined as a right, privilege, or advantage in real property, existing distinct from the ownership of the land. In other words, easements consist of an interest (or estate) in real property that does not constitute full ownership. Most commonly, an easement entails the right of a person (or the public) to use the land of another in a certain manner.


 

What is a "license"?

Easements should not be confused with licenses. A license is merely permission given to an individual to do some act or acts on the land of another. It does not give rise to an interest in land as do easements. Licenses need not be in writing to be effective and generally are revocable at any time. Tickets to entertainment or sporting events serve as a good example of licenses.

Private vs. Public Easements

Private easements are those in which the enjoyment and use are restricted to one or a few individuals. Public easements are those in which the rights of enjoyment and use are vested in the public generally or in an entire community.

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  • Easements in Texas (TAMU REC)

    This 2013 article by the Texas A&M Real Estate Center explains the concept of easements.