What is an easement?

An easement is a legal right to the use of another person’s property for a specific purpose. In Texas, easements are commonly used to provide access for utility companies over private land or for other uses like access to a road or beach. Easements are typically granted in writing by the owner of the property, but they can also exist without a written agreement. All types of easements involve an agreement between two parties—the easement holder (the person or entity gaining access) and the servient owner (the person or entity with the property). The easement holder has the right to use the servient owner’s land to carry out the purpose of the easement. The servient owner may retain the right to use the land, but they must accommodate the rights of the easement holder. Easements may be “appurtenant,” which means they pass with the land, or “in gross,” which means they are not tied to the land and may be transferable. Easements also may be “negative” or “positive,” with negative easements restricting some uses (for example, prohibiting the use of the property for construction) and positive easements granting a specific use (allowing the owner to access a beach). Easements are a key concept in property law and are important tools for property owners and landowners in Texas. Understanding the rights and responsibilities associated with an easement is important for those who want to make use of another person’s property.

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