Easement

An easement grants a legal right of use over land owned by another. The easement does not convey ownership or possessory rights, but rather a restricted right of access, utility placement, or transit.

Texas-Specific Nuance & Citation

Texas law recognizes both easements in gross (such as utility lines owned by a commercial company) and easements appurtenant (which run with the land and benefit an adjacent parcel). According to the Texas Statute of Frauds (Business & Commerce Code § 26.01), express easements must be in writing to be legally enforceable.

The Trap

Candidates often mistake an easement for a license. An easement is an interest in land that is generally permanent and transferable, whereas a license is a personal, revocable privilege to enter someone’s land that does not run with the land.

Worked Example

A rural land seller in West Texas grants an easement appurtenant to an landlocked neighboring parcel, allowing the neighbor to drive across a 20-foot strip of their land to reach the highway. Even if the seller conveys the land to a new buyer, the new owner cannot block the neighbor’s access because the easement runs with the land.