Quiz: Accessing Property

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Quiz

Accessing Property
By Judon Fambrough

The lack of access to land greatly diminishes value, not to mention enjoyment. As rural land becomes more and more divided, the question of access is critical. The Real Estate Center report Easements in Texas contains an overall view of how both private and public easements are created and terminated.

In Texas, it is possible to own landlocked property — i.e., property having no access.
True False
A written document is necessary to create a valid easement in Texas.
True False
An easement in gross is a personal easement that is generally nonassignable and terminates with the death of the recipient.
True False
An appurtenant easement is not given to an individual, rather it attaches to a tract of land. The owner of the tract automatically has the right to use the easement.
True False
According to Chapter 251 of the Texas Transportation Code, the commissioners court must condemn an easement to a landlocked tract once all the requirements are satisfied.
True False
One requirement for an implied easement by necessity is that the tract blocking access was once under common ownership with the tract needing access.
True False
The key requirement for an easement to arise by prescription is that a person continually cross another's property without permission for a minimum of seven years.
True False
The servient estate associated with an appurtenant easement is the burdened tract — the one being crossed.
True False
Nonuse of an easement for 15 years is sufficient to constitute abandonment.
True False
In Texas, foreclosure on the servient estate may terminate an appurtenant easement if the easement was created after the mortgage was placed on the land.
True False

For an explanation to all answers, click here.

Fambrough is an attorney, member of the State Bar of Texas and senior lecturer with the Real Estate Center at Texas A&M University.

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