Wylie, TX asked in Contracts, Real Estate Law, Construction Law and Land Use & Zoning for Texas

Q: As a recent property owner, there's a pipeline easement that was recently purchased by the developer.

They are requesting a "contribution" in a contract agreement to abandon the easement. Do I have to pay any "contribution" requested from the easement holder to abandon the easement? What are my options to terminate the easement that has not been in use for over 40 years and is no longer be needed.

1 Lawyer Answer
Teri A. Walter
Teri A. Walter
Answered
  • Construction Law Lawyer
  • Houston, TX
  • Licensed in Texas

A: It sounds like the developer is trying to make arrangements for an agreement to abandon the easement. If they're asking for a "contribution" that sounds like a voluntary thing, but it's not clear where the easement runs. If you are one of the property owners across which the easement lies, it might be in your interest to contribute to this effort, in order to remove the easement from your property and allow you to use the area more fully.

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