Houston commercial property owners may find it necessary to access property owned by someone else for certain reasons. When this is due to the ability to access another place or a public road, an easement may be granted or created. Texas A&M University[1] describes an easement as:
“a right, privilege or advantage in real property, existing distinct from the ownership of the land. In other words, easements consist of an interest (or estate) in real property that does not constitute full ownership. Most commonly, an easement entails the right of a person (or the public) to use the land of another in a certain manner.”
An easement can be implied as well as expressly granted through a written agreement. Such implication can be in place if no other means of necessary access exists. Easements may also be terminated. One way this can happen is if another access route becomes available, negating the need for the easement.
Blocked Houston Easements
If the access in an easement is blocked, owners are legally given the right of going further onto another party’s property to get to the necessary destination. Blockages may be ordered to be removed depending on the situation. An example is a fence that is erected that bans any access via an easement. A gate or removal of the fence may be necessary to retain the easement rights. Property owners who hold easements are responsible for maintaining such access paths.
Landowners should understand that an easement is always granted for a very specific purpose. Use of an easement for anything outside of the scope of the original agreement is not permitted. Conflicts between property owners for alleged improper use of an easement or other problem may be resolved through legal action.
Contact a Houston Commercial Real Estate Attorney
If you are a business owner who needs to access the property of another business or individual by way of an easement, it is important to speak to the skilled Houston attorneys at the Weisblatt Law Firm who are well-versed in commercial real estate as soon as possible. Contact our office today for a free consultation at 713-666-1981.
References
[1] https://assets.recenter.tamu.edu/documents/articles/422.pdf
Attorney Andrew Weisblatt
Mr. Weisblatt has practiced continuously since becoming licensed in 1992 and has represented businesses ranging in size from one person start-up ventures to multi-national corporations employing hundreds of people in multiple countries. From 2005 through 2009 Mr. Weisblatt was in-house counsel and chief operating officer of a multi-national corporation in the steel products industry. That in-house position provided valuable insight into how businesses work and what they actually need from their lawyers – both in-house and outside counsel. Attorney Bio
