Easements in Texas Explained

Easements in Texas:
Understanding Appurtenant, In Gross, Licenses, How Property Rights Are Created, and How Easements End

In Texas real estate, access and use rights can significantly affect property ownership, development plans, and future value. Whether the property is a suburban home in Allen, McKinney, Plano, or Frisco, or rural land in Anna, Melissa, Princeton, or Van Alstyne, easement issues can arise in many forms across North Texas. Many people use the word “easement” broadly, but not every right to use land is an easement. A helpful starting point is understanding the difference between easements appurtenant, easements in gross, and a license, followed by how those rights may be created—and how they may terminate.

Easement vs. License:

Why the Difference Matters

An easement is generally a legal right to use land for a specific purpose. A license, by contrast, is typically permission to use land that does not create a permanent property interest.

That distinction can affect whether rights transfer to future owners, how long the right lasts, whether it can be revoked, and how it may end.

The Two Basic Categories of Easements

1. Easement Appurtenant

An easement appurtenant benefits a specific parcel of land. The right is tied to the property itself rather than to an individual owner. When the benefited property is sold, the easement rights often transfer with it.

This type of easement involves two properties:

• Dominant estate: the property receiving the benefit
• Servient estate: the property burdened by the easement

Example: A back tract has the right to cross a neighboring tract to reach a public road.

This is one of the most common access easements in Texas.

2. Easement in Gross

An easement in gross benefits a person, company, or entity rather than another parcel of land. It is not dependent on ownership of an adjoining tract.

Example: A utility provider holding rights to install or maintain electric lines across private property.

Common holders include:

• Utility companies
• Pipeline operators
• Government entities
• Railroads
• Telecommunications providers

License

A license is permission to enter or use land for a limited purpose. Unlike an easement, it usually does not run with the land and may be revocable depending on the agreement and circumstances.

Example: A landowner allows a neighbor temporary permission to cross a driveway during construction.

Common examples of licenses include:

• Temporary access agreements
• Event parking permission
• Permission to enter land for repairs
• Short-term use of a private road



Because a license may be revocable, it often provides less long-term certainty than an easement.

How Easements Are Created in Texas

Once the type of right is identified, the next question is how it came into existence. Easements may be created by written agreement, by law, or through long-standing use.

Express Easement

An express easement is created in writing, usually through a deed, recorded agreement, or other legal instrument. It is typically the clearest form because the rights are intentionally granted and documented.



Example: A recorded shared driveway easement.

Express Reservation

An express reservation occurs when a property owner sells part of their land but keeps (reserves) an easement right over the portion being sold for the benefit of land retained.

Example: A seller conveys the front tract on a public road but reserves an access easement across it to reach the back acreage kept by the seller.



This is common in rural tract divisions.

Easement by Necessity

An easement by necessity may arise when property becomes landlocked after a division and no legal access was granted.

Texas courts generally look for:

• Prior common ownership
• Division of the property
• True necessity for access, not convenience



These claims are fact-specific and may require legal action.

Easement by Implication

An easement by implication may arise when property is divided and an obvious existing use was intended to continue, even if not written.



Example: A roadway, drainage path, or utility route used before the split.

Easement by Prescription

An easement by prescription may be claimed after open, continuous, and unauthorized use of another’s land for a legally significant period of time.



This can arise from long-standing use such as a driveway crossing a boundary line, a visible access path, or certain encroachments that continue openly without permission. These matters are often disputed and depend heavily on the facts.

Utility Easements

Utility easements are common in subdivisions and developed areas. They allow installation, maintenance, and repair of infrastructure such as:

• Electric
• Water
• Sewer
• Drainage
• Cable / Fiber



They may affect where structures, pools, fences, or additions can be placed.

How Easements May Terminate

Easements do not always last forever. Depending on the language of the documents and the facts involved, an easement may end in several ways.

Failure of Purpose

If the specific purpose for the easement no longer exists, termination may be possible.



Example: An access easement created solely to reach a parcel that later gains direct road frontage.

Merger

A merger may occur when the same owner acquires both the dominant estate and the servient estate.

Because one owner controls both properties, the need for the easement may be extinguished.

Release

An easement may terminate when the holder formally releases their rights, typically through a written and recorded document.



Example: A utility company relocates lines and records a release of the prior easement area.

Abandonment

Abandonment may occur when the easement holder clearly intends to give up the easement and acts consistently with that intent. Non-use alone may not always be enough; facts and conduct matter.



Because abandonment claims can be disputed, documentation is important.

Why This Matters for Buyers, Sellers, and Owners

For Buyers

Access and use rights can affect:

• Buildable area
• Privacy
• Future improvements
• Marketability
• Property value



Review the survey, title commitment, and recorded documents before closing.

For Sellers

Known easements, access agreements, and use arrangements should be disclosed when appropriate.

For Owners

Do not assume a long-standing use is permanent or that permission granted years ago created an easement. The legal distinction between a license and an easement—and whether rights may have terminated—can be significant.

Final Thoughts

In Texas, not every right to cross or use land is the same. Some rights attach to land, some benefit companies or individuals, and some are only temporary permission. Easements may also end depending on ownership changes, written releases, changed circumstances, or abandonment.

Before making decisions involving access, construction, land use, or a possible termination issue, review:

• Survey
• Title commitment
• Deed records
• Recorded agreements
• Property history



When questions arise, consulting the appropriate professionals may be advisable, including a Texas real estate attorney, licensed surveyor, title company, engineer, or other qualified expert depending on the issue.

Need Help Navigating a Property Question in North Texas?

If you are buying, selling, or evaluating property in North Texas or the greater DFW area, we’re happy to help you understand the next steps, connect you with trusted professionals, and guide you through the real estate side of the process. Reach out to Cindy Coggins Realty Group for practical guidance and local market insight.

📞 Call or Text: (469) 499-7452
📧 Email:  cindycoggins@kw.com
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Disclaimer: This article is provided for general informational purposes only and is not legal, surveying, title, engineering, tax, or professional advice. Easement matters are highly fact-specific and depend on documents, surveys, title history, and applicable law. Readers should seek advice from qualified professionals such as attorneys, surveyors, title professionals, engineers, or other relevant experts regarding their specific situation. All information is deemed reliable, but not guaranteed.