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A Right to Quiet Enjoyment

Under Texas Law - You the Owner or Tenant have a right to Quiet enjoyment.

Nothing posted at this website should be considered legal advice.- see disclaimer.

Definition: A property owner or tenant's right to possess and use his or her property without disturbance, including by a person with superior title. A disturbance of an owner or tenant's possession or use may constitute a nuisance. There can be criminal as well as civil liabilities attached in law or equity. Even when quiet enjoyment is not specifically included in a deed or rental agreement, courts will usually read the covenant into the agreement, or tenancy. Some of the functions of quiet enjoyment include the right to exclude others from the premises, the right to enjoy quiet and peace.

Individuals from Westridge Civic Associations who enter your property without your consent and make alterations that they want to your landscape or any thing else, can be arrested and charged criminally as well as sued in a civil court of law. They have no right to tell you what you can or can not do with your property nor or how to live your life.

In legalese, an easement does not convey title to property; but is instead a non-possessory interest that authorizes its holder to use the property for only particular purposes. Stephen F. Austin State University v. Flynn , 228 S.W.3d 653 (Tex. 2007). In brief, an easement is the right given by a property owner to someone else to use the owner's property for a particular purpose without conveying title to the property itself. Without getting in to a technical discussion about the different classifications of easements (you can go read the TexJur III article for that, if you wish), the type of easement that cities usually obtain fall with the category of easements in gross because the granting of the easement will result in a right to use the grantor's property without that use being tied to a direct benefit to another adjacent parcel of property.

(From The Houston City Attorney's Office & "REAL ESTATE FAQ'S FOR CITY ATTORNEYS")

A right-of-way is merely a type of easement, usually one involving a place where the public may travel, such as a street or alley, but can include an easement in which a pipeline will be located. Whatever you call it, the name is not important.

The function of the document conveying the right to use the proper ty for a street, alley, pipeline, trail, or similar use, as long as it is not terminable at will, is an easement.

The owner of the land on which an easement has been granted has the right of full use ofthe land not inconsistent with the reasonable enjoyment of the easement.
Rhodes v. Whitehead 27 Tex. 304, 1863 WL 2837 (Tex. 1863)

The owner of the property burdened by the easement does, however, owe a duty to use his or her property in a manner that will not impair or destroy the paramount right of use allowed in the easement.
Jones v. Fuller, 856 S.W.2d 597 (Tex. App. Waco 1993), writ denied, (Oct. 20, 1993).


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