The bill proposes the adoption of the Uniform Easement Relocation Act, which introduces a new subchapter (Subchapter H) to Chapter 5 of the Property Code. This subchapter defines various types of easements, such as "appurtenant easement," "conservation easement," and "public utility easement," and establishes the conditions under which easements can be relocated. Notably, it specifies that public utility and conservation easements cannot be relocated under this subchapter. The bill outlines a framework for servient estate owners to relocate easements, ensuring that such relocations do not materially lessen the utility of the easement or increase the burden on the easement holder. A civil action must be initiated to obtain an order for relocation, with the court required to confirm eligibility and compliance with relocation conditions.

Furthermore, the bill mandates that the order for relocation must include specific details, such as the recording data of the original easement and the previous and new locations. The servient estate owner is responsible for reasonable expenses related to the relocation, including construction costs and permits. The bill clarifies that relocating an easement does not constitute a new transfer of interest and does not trigger due-on-sale clauses or affect the priority of the easement. Importantly, the right to relocate an easement cannot be waived or restricted by any agreement, even if the original easement instrument contains such prohibitions. The provisions apply to easements created before, on, or after the effective date of the Act, which is set for September 1, 2025.

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