Conveying easements
Answers to real estate questions as appearing
in the Houston Chronicle
By george stephens, CRB, AND Charles J. "Chuck" Jacobus, JD
Dear George: I own a tract of land accessible only by an easement that was conveyed to my father-in-law and my father-in-law's heirs. If I and my wife want to sell the property, will there be a problem conveying legal access because the easement is granted specifically to my father-in-law and his heirs?
Answer: There should not be. Years ago, there was a concern about conveying to a grantee and the grantee's heirs. That doctrine, however, has been abolished. The phrase "and his heirs" has no legal significance anymore unless the deed has other, specific language limiting its ownership or use. The easement right goes with the fee (meaning the manner in which title is held), but should also be specifically conveyed, just to be clear.
E-mail your question to "Ask George & Chuck" or fax it to 281/596-7591. The answers to questions in this column do not contain legal advice. If you wish to obtain legal advice, you should consult your own attorney.
George Stephens, CRB, is the broker of ERA Stephens Properties. He is licensed as a mortgage broker in Texas and a real estate broker in Texas, Georgia, and Massachusetts.
Charles J. Jacobus, JD, is board certified by the Texas Board of Legal Specialization in Residential and Commercial Real Estate Law, and the author of Texas Real Estate Law and Texas Real Estate, both published by Thomson Publishing. He also teaches at Champions School of Real Estate and Houston Community College, and is an adjunct professor at the University of Houston Law Center.
George and Chuck are co-authors of Texas
Real Estate Brokerage and Law of Agency published by Thomson Publishing.
