Question regarding easement

[jwoods1]

What is the name of your state? TX

Does anyone know the location in state law discussing current law regarding necessity easements or implied easements (may also be referred to as implied reservation or grant)? Have a piece of property that we have used on a regular basis for about 40 years, and now need to get a written easement from the property owners between us the highway in order to sell a parcel of it - wondering if the implied reservation (fact we have used an easement for 40 years) will stand in the place of a written easement.

 

[jac4565]

You would be able to claim a prescriptive easement since you have used it for 40 years but I would think you would have to get that in writing before selling the parcel. Have you asked the land owner to give you permission for an easement? If the land has been used as an easement for so long they probably wouldn't have a problem giving permission in writing but you should file the necessary paper work, because if the landowner sells his property you could run into problems in the future with the new owners if the easement isn't deeded with the property. Try googling your states property ordinances/laws on-line for more information about how to go about doing this and a property lawyer would be a good idea.