The Uniform Easement Relocation Act proposes the addition of Subchapter H to Chapter 5 of the Texas Property Code, establishing a legal framework for the relocation of easements. This subchapter defines key terms such as "appurtenant easement," "conservation easement," and "dominant estate," while outlining the scope of the act and specifying exclusions for certain easements, including public utility and conservation easements. The act allows servient estate owners to relocate easements under specific conditions, ensuring that such relocations do not materially impair the utility or value of the easement or the properties involved.

To initiate the relocation process, a servient estate owner must file a civil action and notify relevant parties, including easement holders and security-interest holders. The court must determine the eligibility of the easement for relocation and confirm that the conditions for relocation are satisfied before granting approval. The bill mandates that the order for relocation includes essential details such as the recording data of the original easement and the new location, while also placing the responsibility for reasonable relocation expenses on the servient estate owner. Additionally, it clarifies that relocating an easement does not constitute a new transfer of interest in the property and cannot be waived or restricted by any agreement. The regulations will apply to easements created before, on, or after the effective date of the Act, set for September 1, 2025.

Statutes affected:
Introduced: ()