Posted on June 18, 2025

In Texas real estate law, easements are a critical and often misunderstood aspect of property ownership. An easement gives someone the legal right to use another person’s land for a specific purpose without owning it. While this might sound straightforward, there are several types of easements in Texas, and each has its own legal implications.

Understanding the different types of easements can help property owners and buyers make informed decisions and avoid future disputes. Below, we explore the main categories recognized under Texas law.

1. Express Easement

An express easement is the most formal and common type. It is created in writing, typically as part of a deed or contract. Both parties—landowner and easement holder—agree to the terms in a legal document, which is often recorded in the county property records.

Example: A landowner grants a utility company a written easement to install power lines across their property.

Key features:

  • Clearly defined terms
  • Recorded in property records
  • Usually permanent unless otherwise stated

2. Implied Easement

An implied easement is not written but is assumed based on how the land has been used historically or out of necessity. Texas courts may recognize an implied easement when two parcels were once part of a unified property and one portion continues to rely on another for access or utility services.

Example: A buyer purchases a piece of landlocked property that has always used a neighbor’s driveway to access the road. Even if not written in the deed, a court might recognize an implied easement for access.

Key features:

  • Arises from longstanding use
  • Not recorded
  • Must be reasonably necessary

3. Easement by Necessity

When a property becomes landlocked (has no access to a public road), Texas law allows for an easement by necessity. This is based on the principle that land should not be rendered useless due to lack of access.

To obtain this type of easement, the owner must show that:

  • The two parcels were once under common ownership
  • The access is absolutely necessary (no other reasonable way in or out)

Key features:

  • Can only exist as long as the necessity exists
  • Granted by court if not voluntarily recognized

4. Prescriptive Easement

A prescriptive easement arises when someone uses another person’s property openly, continuously, and without permission for a certain period of time. In Texas, the general rule is 10 years of such use.

Example: A neighbor has used a footpath across your property for 10 years without objection. They may be able to claim a prescriptive easement.

Key features:

  • Use must be open and notorious (not hidden)
  • Use must be adverse (without permission)
  • Statutory period: generally 10 years

5. Easement Appurtenant vs. Easement in Gross

Easements can also be classified based on how they relate to land ownership:

Easement Appurtenant

This easement benefits a specific piece of land (the “dominant estate”) and transfers with the property when sold. It typically involves two parcels of land: one that benefits and one that is burdened.

Easement in Gross

This easement benefits a person or company, not a parcel of land. Common examples include utility companies that have the right to run lines across private land.

Unlike appurtenant easements, these do not necessarily transfer when the property changes hands.

6. Public Easements

Public easements allow the general public to use a portion of private land, often for sidewalks, drainage, or utilities. These are typically created by government entities through agreements or condemnation proceedings.

Why It Matters

Easements can significantly affect a property’s value, usage, and future development. Whether you’re buying, selling, or disputing land use, knowing the type of easement involved will guide you on your rights and obligations.

If you’re unsure about how an easement affects your property, it’s important to consult with an attorney experienced in Texas real estate law.

Need Help with an Easement Issue?

At Guerra Days Law Group, we help property owners understand and resolve easement issues throughout Texas. Whether it’s drafting easement language, negotiating disputes, or defending your rights in court, we’re here to help.

Contact us today to schedule a consultation.