A guide discussing issues that may arise between neighbors on topics such as fencing, trees and noise.
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An easement is a legal right to use someone else's private property for a specific purpose. An easement can be in writing or it can also be implied under the law if certain conditions are met.
Easements can be created for many reasons. Some of the most common types of easements that a property owner may run into are:
Below you will find references to areas of Texas law that govern easements. The list of laws we provide on this page is not exhaustive as there are numerous statutes related to easements. The list we have created below is laws that we feel citizens may run into more frequently in their daily lives. Please contact the library if you need help locating any additional laws related to easements.
If you find these statutes difficult to understand, please see the "Understanding the Law" resources below for a "plain English" explanation of these laws.
State law governing the powers and duties of utility companies including access to easements and rights-of-way.
State law allowing municipalities to charge abutting landowners the cost for street improvements and assessments. It also provides a procedure for notifying the owner of the expected cost.
In addition to state law, cities may have local laws regulating easements within their area. See our Municipal Laws and Ordinances page for assistance locating your local laws.
A fact sheet created by the Texas Agrilife Extension on the two categories of easements: express and implied.
This publication from the Real Estate Center at Texas A&M University discusses public easements as well as private easements in Texas.
An article from a State Bar continuing legal education course that discusses Texas easement law in great detail, citing to both state law and case law.
Answers from legal self-help publisher Nolo on easement issues that may arise between neighbors.An article from the Texas A&M Real Estate Center that discusses the ways in which the courts may try and settle disputes regarding easements.
Landlocked property is land surrounded on all sides by other private land and no access to a public road. A common myth is that owners of landlocked property have an automatic right to use their neighbor's property. This is not true. Landlocked property owners will generally need to get an easement, either from their neighbor or from the court, to legally access their property.
See the resources below for more information.
A publication from the Texas A&M Agri-Life Extension that discusses various aspects of land ownership. See Chapter 7, Section II for a discussion on landlocked property.
Information from the Texas A&M Agri-Life Extension on issues involving access to landlocked property.
