How to Resolve Easement Issues Before Closing on a Texas Property

Buying property in Texas can be an exciting step, but few things can derail a deal faster than discovering an easement you did not know existed. 

Easements give someone else the legal right to use part of your property for a specific purpose, such as access, utilities, or drainage. If they are not identified and addressed before closing, they can limit how you use your land and even reduce its value.

Here is what you need to know about finding and resolving easement issues before you sign on the dotted line.

What Is an Easement?

An easement is a legal right that allows another person, business, or government entity to use a portion of your property for a defined purpose. 

Common examples include:

• Utility easements – Allow utility companies to install and maintain power lines, water lines, or sewer systems.

• Access easements – Give a neighbor or landlocked property owner the right to cross your land to reach theirs.

• Drainage or pipeline easements – Permit runoff or pipelines to cross a property.

• Conservation easements – Limit certain types of development to preserve environmental or historical features.

Easements typically “run with the land,” meaning they remain in place even after the property is sold. Also, easements in Texas generally do not expire unless a specific legal basis applies, such as a stated end date, release, abandonment, merger, the end of a necessity, or governmental action. That is why understanding them before closing is critical.

How Easement Issues Arise

Easement problems often surface during the title search or property survey. Some common situations include:

• A recorded easement that was not disclosed by the seller.

• An unrecorded easement, such as a neighbor’s informal access road, that appears on the survey but not in public records.

• Utility lines or driveways that cross property boundaries without legal documentation.

• Conflicting easements that restrict planned construction or land use.

In some cases, buyers discover these issues only after closing when they attempt to build, fence, or landscape and are told they cannot.

Steps to Resolve Easement Issues Before Closing

1. Review the Title Commitment Carefully

The title company will issue a title commitment that lists all recorded easements affecting the property. Do not skim this document. Every line matters. Review the “Schedule B” section for exceptions related to easements, and flag anything unclear for your attorney.

2. Examine the Survey

A current and accurate survey will show the physical location of easements and any encroachments. Compare it to the title documents to confirm that what is recorded matches what exists on the property. If there is no survey, request one before closing. 

3. Request Clarification or Release

If you find an easement that appears outdated, unnecessary, or unclear, your attorney can contact the title company or the easement holder to request clarification or, in some cases, a release or modification.

4. Renegotiate or Delay Closing if Necessary

If an easement significantly impacts how you intend to use the property, you may have grounds to renegotiate the purchase price or delay closing until the issue is resolved.

5. Consult a Real Estate Attorney

Some easements cannot be removed, but others can be negotiated or legally redefined. An experienced attorney can interpret easement language, communicate with the parties involved, and ensure your ownership rights are protected before closing.

Why Legal Guidance Matters

Easements are more than lines on a survey. They are legal restrictions that can affect how you use your land for decades. Title companies identify easements, but they do not advise you on how those rights impact your property use or future plans. A real estate attorney helps you:

• Understand the scope and limits of each easement

• Determine whether an easement interferes with your intended use

• Negotiate resolutions or obtain releases when possible

• Protect your investment from future disputes

Protecting Your Property Rights

Discovering an easement issue does not have to end your deal, but it does require careful attention before closing. With the right legal guidance, most easement concerns can be resolved or at least clearly understood before you take ownership.

LDG, PLLC helps Texas property buyers review, resolve, and protect against easement issues before closing so you can move forward with confidence. Contact us to schedule a consultation and ensure your property purchase is protected from hidden legal risks.