| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to limitations on certain non-express easements. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Title 10, Property Code, is amended by adding |
|
|
Subtitle D to read as follows: |
|
|
SUBTITLE D. EASEMENTS |
|
|
CHAPTER 191. NON-EXPRESS EASEMENTS |
|
|
Sec. 191.001. APPLICABILITY OF CHAPTER. This chapter |
|
|
applies to an easement that: |
|
|
(1) permits a right-of-way over a servient tenement |
|
|
for the benefit of a dominant tenement; and |
|
|
(2) is not established by an express agreement between |
|
|
the owners of the dominant and servient tenements, including an |
|
|
easement by estoppel, implication, or prescription or an easement |
|
|
or way of necessity. |
|
|
Sec. 191.002. SIZE OF CERTAIN EASEMENTS. In a suit |
|
|
regarding the scope of an easement permitting the use of a road over |
|
|
the servient tenement for the benefit of the dominant tenement, the |
|
|
area subject to the easement may not be extended by the court beyond |
|
|
the traveled surface of the road at the time the suit is filed, as |
|
|
determined by a professional survey. |
|
|
Sec. 191.003. LIMITATION ON FUTURE IMPACT OF EASEMENT. (a) |
|
|
An easement imposed by a court must be limited by the court in a |
|
|
manner that prevents a future increase in the impact of the easement |
|
|
on the servient tenement. |
|
|
(b) For the purposes of this section, an increase in the |
|
|
impact of an easement on a servient tenement includes: |
|
|
(1) an increase in traffic on a road over the servient |
|
|
tenement caused by the use of the road for the benefit of the |
|
|
dominant tenement; |
|
|
(2) an increase in the effect of traffic on a road over |
|
|
the servient tenement directly or indirectly caused by the use of |
|
|
the road for the benefit of the dominant tenement, including an |
|
|
increase in dust, litter, or potential criminal activity; |
|
|
(3) any change in the nature or boundaries of a road |
|
|
over the servient tenement that is used for the benefit of the |
|
|
dominant tenement; and |
|
|
(4) any other increase in the frequency or length of |
|
|
time of use of an easement for the benefit of the dominant tenement |
|
|
or change in the nature of the use of an easement for the benefit of |
|
|
the dominant tenement. |
|
|
Sec. 191.004. PLACEMENT AND OPERATION OF GATES, FENCES, AND |
|
|
OTHER MATERIALS ON OR ALONG EASEMENT. (a) An easement imposed by a |
|
|
court may not limit the right of the owner or the servient tenement |
|
|
to place and operate manual or electronic gates or fences, trees or |
|
|
other vegetation, or stones or other material along the border of |
|
|
the area subject to the easement. |
|
|
(b) A person who uses an easement imposed by a court for the |
|
|
benefit of the dominant tenement shall keep a gate or fence placed |
|
|
along the border of the area subject to the easement open or closed |
|
|
as directed by the owner of the servient tenement. |
|
|
(c) If the owner of the servient tenement installs a manual |
|
|
gate and an electronic gate along the border of an area subject to |
|
|
an easement imposed by a court: |
|
|
(1) the electronic gate may be used for the benefit of |
|
|
the dominant tenement only with the permission of the owner of the |
|
|
servient tenement; and |
|
|
(2) the owner of the dominant tenement, or another |
|
|
person using the electronic gate for the benefit of the dominant |
|
|
tenement, if applicable, shall make any payment imposed for the use |
|
|
of the gate by the owner of the servient tenement. |
|
|
SECTION 2. The change in law made by this Act applies to an |
|
|
action concerning an easement filed on or after the effective date |
|
|
of this Act or pending on the effective date of this Act. |
|
|
SECTION 3. This Act takes effect September 1, 2009. |