Texas Property Code - Section 23.006. Access Easement For Partitioned Property
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Texas Laws > Property Code > Texas Property Code - Section 23.006. Access Easement For Partitioned Property
§ 23.006. ACCESS EASEMENT FOR PARTITIONED PROPERTY. (a)
Unless waived by the parties in an action to partition property
under this chapter, the commissioners appointed to partition
property shall grant a nonexclusive access easement on a tract of
partitioned property for the purpose of providing reasonable
ingress to and egress from an adjoining partitioned tract that does
not have a means of access through a public road or an existing
easement appurtenant to the tract. The order granting the access
easement shall contain a legal description of the easement.
(b) Unless waived by the parties in writing in a private
partition agreement, the property owner of a partitioned tract that
has a means of access through a public road or an existing easement
appurtenant to the tract shall grant in the private partition
agreement a nonexclusive access easement on the owner's partitioned
tract for the purpose of providing reasonable ingress to and egress
from an adjoining partitioned tract that does not have a means of
access through a public road or an existing easement appurtenant to
the tract.
(c) The access easement may not be a width greater than a
width prescribed by a municipality or county for a right-of-way on a
street or road. The access easement route must be the shortest
route to the adjoining tract that:
(1) causes the least amount of damage to the tract
subject to the easement; and
(2) is located the greatest reasonable distance from
the primary residence and related improvements located on the tract
subject to the easement.
(d) The adjoining tract owner who is granted an access
easement under this section shall maintain the easement and keep
the easement open for public use.
Added by Acts 2001, 77th Leg., ch. 647, § 1, eff. Sept. 1, 2001.
Section: 22.044 22.045 23.001 23.002 23.003 23.004 23.005 23.006 24.001 24.002 24.003 24.004 24.005 24.0051 24.0052
Last modified: August 11, 2007
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