Texas House Bill HB4618

Texas 2009 - 81st Regular

• Out of House Committee: 5/1/09

Caption

Relating to limitations on certain non-express easements.

Impact

The bill establishes that any court-imposed easement can only encompass the current traveled surface of a road at the time of the suit and cannot be extended further. Additionally, it prohibits any future increases in the impact of an easement on the servient tenement, detailing various factors that qualify as increases in impact such as traffic volume and resultant disturbances, like dust or litter. This change could significantly affect the way property owners utilize their land and how easements are managed when disputes arise.

Summary

House Bill 4618 seeks to introduce limitations concerning non-express easements in Texas property law. Specifically, it addresses easements that allow for a right-of-way over a servient tenement, benefiting a dominant tenement without an express agreement between the landowners involved. This legislation is aimed particularly at clarifying and restricting the extent and impact of such easements, ensuring that courts do not permit an expansion of these easements beyond their predefined dimensions as established at the time of any legal proceedings.

Contention

One notable point of contention is whether the limitations on easements will adequately protect the interests of servient tenement owners while still allowing for reasonable access and use by dominant tenement owners. Opponents of the bill may argue it could lead to an imbalance, where the rights of one property owner could unduly restrict the land use capabilities of another. Moreover, since the bill restricts the creation of new easements tied to court judgments, there may be concerns regarding the ability of property owners to resolve disputes effectively without resorting to lengthy and potentially restrictive legal battles.