Implied Easement

Implied Easement

Posted By Smith Rose Finley || 9-Jun-2017

Texas law has a long history with implied easements. Implied easements fall within two broad categories: necessity easements and prior use easements. A necessity easement applies where a party claims a roadway easement to a landlocked, previously unified parcel of land.

In order to make a case for an easement by necessity, one must show: (1) that the property, which contains the road, and the property, which is landlocked, were once owned together, (2) the claimed access is a necessity and not a mere convenience, and (3) the necessity existed at the time the two estates were severed. Essential to this analysis are facts showing a historical necessity for a roadway in addition to a present and continuing necessity. Additionally, a necessity easement is a temporary right and ceases, if and when, the necessity terminates. More simply stated, necessity easements provide a means of roadway access to land only so long as no other roadway access exists.

As with most cases, there are nuances to the laws of implied easements. The Attorney’s at Smith Rose Finley are versed in the nuances of implied easements and other real property issues. Please contact our office at 325-653-6721 to set up a consultation.

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