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Easements in Texas

Easements in Texas Judon Fambrough Senior Lecturer and Attorney at Law Technical Report 422. Easements in Texas Judon Fambrough Senior Lecturer and Attorney at Law Revised September 2013. 2013, Real Estate Center. All rights reserved. Contents 1 Summary 1 Private Easements in Texas 2 Creation of Private Easements 5 Termination of Private Easements 6 Public Easements in Texas 6 Easements by Dedication 11 Termination of Public Easements 12 Conclusion 13 Appendix A. Synopsis of Private Easements 14 Appendix B.

Section 13.002 of the Texas Property Code, easements normally are recorded. Without a written document, an easement may be created three ways. They are (1) by implication, (2) by estoppel and (3) by prescription. The party claiming such an easement may have to resort to a judicial pro-cess known as a declaratory judgment to claim it.

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