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Ask Ely Your Own Question
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102506
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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I have a utility easement question. I recently purchased a

Customer Question

I have a utility easement question. I recently purchased a 17 year-old home. It had a waterfall fountain and a flagstone patio that encroached the utility easement. I applied to my HOA to install a SPA/Hot tub installed at the opposite side of my property, it was denied. Denial was due to restricted utility easement. Neighbors on each side have swimming pools that are located on the utility easement. All utilities with the exception of gas are located in the front of the property. The SPA would be located at least five feet from the gas line. The covenant stated that the easement would remain in effect for at least 10 years. What procedure do I use to get the utility easement amended or removed since it appears my various neighbors have avoided this issue?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. An owner who wants to modify/remove the easement if it no longer makes sense to have it or the property has changed so much that having the easement is pointless, burdensome, or otherwise not equitable, then that owner has to file what is known as a PETITION TO QUIET TITLE under Texas Property Code.

This kind of lawsuit asks the Court to void the easement for the reasons listed above. Unfortunately, it is up to you to file such a lawsuit, meaning the onus is on your to act. Then, the Court will make the final decision.

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