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Permit Glossary

Easement

Also known as: right of way easement, utility easement, drainage easement

A legal right granted to a party (such as a utility or neighbor) to use a portion of another's property for a specific purpose.

An easement is a non-possessory legal right to use another party's real property for a defined and limited purpose. Common types in Texas include utility easements (for electric, gas, telecom, or water lines), drainage easements (for stormwater management), access easements (shared driveways), and conservation easements. Easements are recorded in county deed records and run with the land, binding future owners. Buildings and improvements may not be constructed within an easement area without written consent from the easement holder, making easement locations a critical plan review consideration.

Why it matters for contractors

Easement encroachments are a common cause of permit rejection or variance requirements — knowing easement locations from parcel records before breaking ground can save contractors costly redesigns and schedule delays.

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