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