Easement

An easement is a non-possessory interest in another's real property granting the holder a defined right to use the property for a specific purpose. The easement holder does not own the underlying property; the property owner retains all other rights consistent with the easement. Texas law recognizes a robust framework of easement types and methods of creation, with substantial body of case law on scope, abandonment, and termination.

Easement appurtenant vs. easement in gross

An easement appurtenant benefits a specific parcel of land (the "dominant estate") and burdens another parcel (the "servient estate"). It runs with the land, both the benefit and burden transfer automatically with conveyances of the respective parcels. A typical example: a driveway easement allowing access from a landlocked parcel across a neighboring parcel. An easement in gross benefits a person or entity rather than a parcel, utility easements (electric, gas, telecommunications, water/sewer) are the classic example. Commercial easements in gross are transferable; personal easements in gross typically are not.

Methods of creation

Texas easements are created by: (1) express grant, written instrument satisfying statute of frauds and recordation; (2) express reservation, grantor reserves easement when conveying the burdened parcel; (3) implication, implied from the circumstances of severance, particularly where prior use was apparent, continuous, and necessary; (4) necessity, required where parcel becomes landlocked through severance; (5) prescription, adverse, exclusive, open and notorious, hostile, and continuous use for 10 years (analogous to adverse possession but for use rather than possession); (6) estoppel, based on representations and detrimental reliance.

Scope and reasonable use

The scope of an easement is determined by the granting instrument (for express easements) or by the surrounding circumstances and reasonable use (for non-express easements). A driveway easement granted "for ingress and egress" generally cannot be used for parking, storage, or business purposes beyond reasonable access. Disputes over scope are common when the dominant estate's use intensifies, e.g., a residential easement claimed for commercial development. Texas courts apply a "reasonable use" standard with substantial deference to the original purpose.

Termination

Easements may terminate by (1) expiration of stated term; (2) merger of dominant and servient estates under common ownership; (3) release; (4) abandonment (requires intent plus non-use); (5) prescription (adverse possession by the servient owner blocking the use for the prescriptive period); (6) frustration of purpose; or (7) court order. Mere non-use, without intent to abandon, does not terminate an easement under Texas law.