Full question:
My mother passed away in 2005 and left a Ranch in Stephens County Tx to my brother , sister and myself in equal parts. The will was probated and all three were named as executors. My sister and I wish to sell our 2/3 of the Ranch but a real estate agent told us we need a road easement for land that we cross to get to our Ranch. The owner of this land is agreeable to giving us an easement of ingress and egress through his land. Is it possible for me to sign an easement with this landowner using the Texas USlegalforms.com Ingress and Egress Easement form so that it also covers my brother and sister. They live far away and it is near impossible for them to meet me and the landowner all at the same time in front of a Notary. My brother is not selling his part now and I need it to cover his part later on under the easement agreement so he would have no trouble selling his part later. Does this form cover the land described ( our Ranch ) or just the person signing it? Another question is .... Our Ranch is in Stephens County but the road that is own the land we cross is partly in Stephens county and partly in Palo Pinto County, TX. Do I need a separate easement form for each county or just one filed in both counties ( With both counties listed on the easement document)? Thank You.
- Category: Real Property
- Subcategory: Easements
- Date:
- State: Texas
Answer:
You can use forms from USLegalforms to create an easement. If multiple owners are involved, it's important that all co-owners agree to the easement. If your brother does not sign, the easement may not be valid for him later. The form can describe the property across multiple counties. I recommend checking with local recorder's offices to see if one easement can be recorded in both Stephens and Palo Pinto counties, as local rules may vary. An easement by necessity allows access to a landlocked property, but it must be strictly necessary. There are two main types of easements: easements in gross, which are personal and terminate upon the owner's death, and appurtenant easements, which remain with the property and transfer with ownership. Joint tenancy allows co-owners to share equal rights, but all must sign for any transfer or sale of the property.This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.