News

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.  PERIOD.

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 (Texas Jurisprudence 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 property 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 of the 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).


 DISCLAIMER:

If you are unclear about your rights under an easement, you should contact a qualified attorney.  An attorney will review the facts of your case along with any supporting documentation you have and will advise you based on Texas law.

The information contained in this website may or may not reflect the most current legal developments; accordingly, information on this website is not promised or guaranteed to be correct or complete,and should not be considered an indication of future results.

My Neighbors Network expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this website.

All legal advice must be tailored to the specific circumstances of each and every case, wherefore, nothing provided herein should be used as a substitute for advice of competent counsel. The materials on this website do not constitute legal advice, do not necessarily reflect the opinions of My Neighbors Network or any attorney.

My Neighbors Networks providing this site, the advertisements, information, listings, articles, blogs, news and links contained herein only as a convenience to you. Sites listed as hypertext links herein are not under the control of My Neighbors Network. My Neighbors Network website does not incorporate any materials appearing in such linked sites by reference. My Neighbors Network can make no representation concerning the quality, safety or suitability of the content of these sites nor can the fact that My Neighbors Network has included any such link serve as an endorsement or approval by My Neighbors Network of any of those sites. The material in this website could include technical inaccuracies or other errors. Your use and browsing of the site is at your risk.

My Neighbors Network assumes no liability for the use or interpretation of information contained herein. This website is provided "as is" and "as available" with any and all faults and without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement.

My Neighbors Network does not warrant that the website or content wherein re error-free or will be uninterrupted, free from spyware, malware, adware, viruses, worms or other malicious code, or will function to meet your requirements.

To the extent prohibited by law, in no event shall My Neighbors Network be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, denials of services (including computer crashes), business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the website, or any downloaded content, however caused, regardless of the theory of liability (contract, tort, or otherwise), even if My Neighbors Network has been advised of the possibility of such damages.

Use The Secure Form Below To Contact My Neighbors Network

30.08.2016
 
Actions
Recommend