The Texas Supreme Court’s decision last week in Hamrick v. Ward is important as it clarifies the law regarding implied easements, which could impact landowners across Texas. That means no fences, sheds, walls, trails or buildings. The drainage easement may include a culvert or drain which feeds into a drainage system or the easement may simply state that runoff needs to be allowed to flow freely over an area of the property. Most commonly, an easement entails the right of a person (or the public) to use the land of another in a certain manner. V. East, 81 S.W.279 (1904). A drainage easement is an attachment to a property deed which states that access to part of the property is given to a third party, usually a municipality, for the purpose of maintaining drainage. Easements in Texas Judon Fambrough Senior Lecturer and Attorney at Law Summary Easements play a vital role in everyone’s life. Some easements can be obtained through other means. The easement agreement should describe the location and dimensions of the easement as well as how the easement may be used. Texas law allows for the creation of easements in several ways: Express Easements – An express easement is created by written agreement, usually a deed, between a grantor and a grantee. As the adage goes, “Whiskey is for drinkin’ and water is for fightin’.” Texas property owners need to under-stand the basics of Texas water law as well as their rights and legal limitations related to … In Texas Rice Land Partners Ltd. and Mike Latta v.Denbury Green Pipeline-Texas LLC, issued on August 26, 2011, the Court addressed the issue of the requirements a pipeline … No easement was on the current road with the previous owner because he own both properties, which comes diagonally across his other property to get to the property that I purchased from him last year. 2016). At the title company closing, after signing all but one page I ask to see the plot for the easement. Definition B. Incorporeal Right: C. Imposed on Real Property: D. No Rightt Profitso : E. Benefits Real Property F. Appurtenant or In Gross: G. Dominant and Servient Estates: 2 H. Recordation 2 I. It worked fine for years. It gives the municipality the right to lay sewer, gas, and water lines. In other words, easements consist of an interest (or estate) in real property that does not constitute full ownership. The owner had put the easement … 2 Water ditch between rice fields. EASEMENTS IN TEXAS . Ry. You should avoid planting trees or much landscaping as well. Terms Used In Texas Water Code 11.086. 3Coyote Lake Ranch v. City of Lubbock, 498 S.W.3d 53 (Tex.