Easements in Texas

Easements play a vital role in everyone’s life. People daily traverse easements either granted, dedicated or condemned for public rights-of-way. Also, people constantly use energy transported along pipeline and utility easements. In rural areas, many tracts of land not served by public roadways would be rendered practically valueless if it were not for private easements crossing neighboring properties.

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.

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.

This publication explains two broad categories of easements—private and public. 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.