I have a County Road that crosses my property. A legal easement has never been created or filed. Bridges are going to be built. I have no problem about the road or an easement. I own the property under the road and also all the mineral rights. I want to grant a legal describe easement for the road, but not the mineral rights or the property under the road. What type of easement would someone recommend? So far this is not adverse. The State has already surveyed and engineered most of this project. I do not want to make mistakes but I probably will.
Only mistake you will make is not hiring an attorney. Conveying property, even an easement, is not in the DIY category. I guess you could make up your own metes and bounds descriptions.
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Why do you want to create an easement? This idea may open a big can of worms. You do not have the legal right to create your own easement and force the State to take your specified terms. The State may decide to then impose its own demands, including taking the surface and related rights such as water and pore space under the road. Consult an attorney who specializes in eminent domain and has experience negotiating with State of Texas.
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Thank you, great advise. A road has been there since before Texas became a State. There is no record of a filed survey for the road that could be found of record. The width between the fences varies. I have moved fences away from the road in places in the past due to the terrain. What I need to do is have a legal filed survey for the road access.
The mineral rights were severed by me from the surface many year’s ago. I own to the center of the road on all tracts the road crosses. What I want to accomplish is to establish the metes and bounds of a road easement that will be filed of record in the County Court house. With lithium, pore space, water and so on recently being discussed on the forum, this needs to be addressed in a right of way. What type of right of way in Texas would you recommend? I am going to use an attorney. So far all the the dealings with the State have been going OK. The plans are not finalized by any means.
This comes up occasionally in Winkler County. I’ve reviewed some of the original easements from HWY 302 and the minerals were not included. But like has been said previously an attorney would be a great place to start.
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