Permanent Easements in Texas

What permanent means

It means indefinitely. A permanent easement is not a lease, it has no term, and it does not lapse if the facility is unused for a period. It runs with the land and appears in every future title search.

How it is valued

By the same before and after comparison Texas applies to any partial taking. The value of the whole tract before is compared with the value of the remainder after, with the easement in place and its restrictions operating.

What it restricts

• Permanent structures within the strip, almost always prohibited.
• Trees and deep rooted planting, usually prohibited.
• Stored equipment, materials and fill, often restricted.
• Changes in grade over a buried facility.
• Subdivision or building layouts that would cross the strip.

What it does at resale

A recorded easement is disclosed to every buyer. What it costs at resale depends on where it runs and how much it restricts, which is why route matters as much as width.

Terms that limit the damage

• Route along a boundary rather than across the middle
• The narrowest width the facility genuinely requires
• A single facility, with no future line rights
• Defined access routes rather than general entry
• Clear repair standards and a completion deadline
• Depth of cover suitable for how the land is farmed