Thinking about buying acreage in Grimes County? Before you picture fence lines and future barns, take a closer look at easements. Easements shape how you access and use the land, and they can affect financing, building, and long-term plans. In this guide, you’ll learn what easements are, where to find them in your paperwork, how they show up on surveys, and the smart steps to take during due diligence in Grimes County. Let’s dive in.
What an easement is
An easement is a legal right for someone else to use part of a property for a specific purpose. It does not transfer ownership, but it can limit where you build, how you farm, or how you access the property. Understanding the purpose and location of each easement helps you avoid surprises after closing.
Common easements on Grimes County acreage
- Access easements: allow ingress and egress across a neighbor’s land to reach a public road.
- Utility easements: corridors for electric, fiber, water lines, drainage swales, and septic lines. These can be overhead or underground.
- Pipeline easements: allow installation and maintenance of oil, gas, or refined product pipelines and often include safety and no-build zones.
- Road or right-of-way easements: areas dedicated for public or private roads.
- Conservation and drainage easements: preserve certain land features or manage stormwater.
- Specialized easements: railroad rights-of-way, utility anchor or guy-wire locations, or access for mineral rights holders.
How easements are created
Easements can arise in a few ways, and each type has different rules and impacts.
Express, implied, and prescriptive
- Express easement: created in a recorded deed or stand-alone instrument. This is the most common and clearest.
- Easement by implication or necessity: may arise when a parent tract is split and access is required.
- Prescriptive easement: can be claimed after continuous, open, adverse use for a long period. In Texas the period is commonly around 10 years, but you should confirm the precise time frame with counsel.
Dedication and who benefits
- Easement by dedication: land set aside for public use, often shown on plats for streets and drainage.
- Appurtenant vs. in gross:
- Appurtenant easements benefit a specific parcel and typically run with the land.
- Easements in gross benefit a person or company, such as a utility provider.
Why easements matter for your plans
Easements can influence design, access, and future value.
- Building and setbacks: Many easements prohibit structures or require buffers. Always check recorded language before planning homes, barns, or workshops.
- Access and road width: A narrow access strip may be fine for a pickup but not for heavy equipment or future road upgrades.
- Agricultural use: Some easements restrict deep tilling, tree planting, or pond work. Pipeline corridors often have special rules.
- Fencing and gates: Some instruments allow gates and locks, others require utility or pipeline operator access. Confirm any key or lockbox requirements.
- Safety near pipelines: Pipeline easements often include safety zones. Call 811 before digging and contact the pipeline operator for clearance and emergency protocols. State agencies maintain operator contacts and safety resources.
Where easements show up in your paperwork
Knowing where to look helps you spot issues early.
Deeds, instruments, and plats
- Deed language: Grants, reservations, and exceptions in the chain of title often reference easements.
- Recorded instruments: Separate easement documents appear with an instrument number and recording reference.
- Subdivision plats: Show dedicated streets, drainage, and utility corridors.
Title commitments and exceptions
Your title company will issue a title commitment with Schedule B exceptions that list recorded easements excluded from coverage. Review these carefully and request copies of each instrument. For a plain-English overview of title commitments and Schedule B, see resources from the Texas Land Title Association.
Surveys that show easements
An ALTA/NSPS land title survey is recommended for acreage. These surveys map recorded easements, visible improvements, fences, and potential encroachments. Learn more about survey standards from the American Land Title Association and the National Society of Professional Surveyors.
Grimes County records and contacts
Local records help verify whether an easement is recorded and how roads are maintained.
County records
Search deeds, plats, and easement instruments through the Grimes County Clerk. You can also review parcel maps and ownership details with the county appraisal district and any county GIS tools, if available.
Roads and right-of-way
To confirm whether a road is public or private, check with the Grimes County Commissioners Court or Road and Bridge department. For parcels touching state highways, consult TxDOT about rights-of-way and access permits.
Pipelines and utilities
Recorded pipeline easements list an operator with contact details. State and federal agencies maintain safety information and operator contacts, including the Railroad Commission of Texas and PHMSA pipeline safety resources.
Buyer checklist before you offer
Use this as a starting point, then work with your title company, surveyor, and a Texas real estate attorney for specifics.
- Order an ALTA/NSPS survey that shows all recorded easements and visible improvements.
- Request a title commitment and review every Schedule B exception. Ask the title company for copies of the recorded instruments and any referenced plats.
- Confirm legal access to a public road. If access crosses a neighbor, review the recorded easement’s width, allowed uses, and maintenance terms.
- Walk the property. Look for power lines, pipeline markers, drainage swales, fences, gates, and any signs of use in easement areas.
- Photograph easement corridors and note any encroachments like sheds, driveways, or fences within a recorded easement.
- Contact utility providers and any pipeline operator listed in the instruments to confirm current use, depth, restrictions, and planned work.
- Coordinate with the County Clerk for records and with county road officials on road status and maintenance responsibility.
- If questions arise about prescriptive or implied rights, consult a Texas real estate attorney.
Key clauses to read closely
When you review a recorded easement, pay special attention to:
- Purpose and scope: ingress and egress only, or installation, operation, and maintenance of facilities.
- Location and width: fixed width by metes and bounds or by reference to a map or plat.
- Exclusive or nonexclusive use: who can use the area and for what activities.
- Relocation rights: whether the holder can relocate the easement and under what conditions.
- Maintenance and repair: who pays, who can enter, and how often.
- Indemnity and liability: insurance requirements and limits.
- Duration and termination: perpetual, time-limited, or terminable on certain events.
Common scenarios visualized
A few simple visuals can make the concepts clearer.
Interior tract with access easement
Public Road |----------------------| easement strip (50' wide) | | Neighbor Parcel -----------> Subject Parcel (no public frontage)
Tip: Verify the recorded legal description, who maintains the road, and whether others share the easement.
Pipeline corridor crossing a tract
| Pipeline easement corridor, width varies |
Tip: Expect no-build zones, operator access, and excavation limits. Confirm restrictions with the recorded instrument and the pipeline operator.
If an easement is a problem
You may have options that do not kill the deal.
- Release or modification: The easement holder may agree to a partial release or amendment, recorded before closing.
- Relocation agreement: Some utility or pipeline holders allow relocation under agreed terms.
- Maintenance agreement: Document how private road costs are shared among users.
- Escrow for repairs: Negotiate credits or escrow funds to address needed road or drainage work.
Financing and title insurance considerations
Recorded easements listed in your title commitment usually remain exceptions in the final title policy. Lenders often require a current survey and may require endorsements for certain risks. Unrecorded or implied rights can create title issues, so raise any concerns with your title company and attorney early. For background, review guidance on commitments and exceptions from the Texas Land Title Association.
Work with local pros
Easements are common on rural Texas acreage, and most are manageable with good due diligence. Your team matters. A strong agent coordinates surveys and title review, helps you ask the right questions, and connects you with local utility and pipeline contacts. If you are evaluating acreage in or near Grimes County, we can help you navigate easements and close with confidence.
Ready to walk through a tract and review the easements together? Reach out to Coldwell Banker Properties Unlimited for local guidance backed by national resources.
FAQs
What is a pipeline easement and can I build on it?
- A pipeline easement is a recorded right for a company to install and maintain a line, and most instruments prohibit buildings and restrict excavation within the corridor; check the recorded document and contact the operator.
How can I confirm legal access to a landlocked tract in Grimes County?
- Review the title commitment and recorded instruments for an access easement, verify its width and terms on a current survey, and confirm road status with county road officials.
What survey should I order for Texas acreage with easements?
- An ALTA/NSPS land title survey is recommended because it maps recorded easements, visible improvements, and potential encroachments with recording references.
Who maintains a shared private road easement?
- Maintenance is set by the recorded instrument or a separate agreement; if unclear, negotiate a written cost-sharing agreement among users before closing.
Will title insurance cover problems with unrecorded easements?
- Standard policies exclude unrecorded rights unless endorsed, so raise concerns with your title company and consider endorsements or clearing the issue prior to closing.
How do I check if a road by my property is public or private?
- Ask the Grimes County Commissioners Court or Road and Bridge department for road status, and consult TxDOT for state highway right-of-way information.
