Legal Question in Real Estate Law in Texas

It depends on the language of the easement that was filed affecting your property. Some easements are not written, but just shown on your subdivision plat. You own the land under the easement and unless there is language in your properties deed records at Montgomery County or shown on your property plat, you can fence most residential property easements (but the utility can cut it to get access... they should repair what they cut). Some large high voltage long distance transmission overhead lines are different. You really need to ask the title company who handled your properties closing and title policy for a copy of your file Title Commitment and read the listed easements as well as ask them if they can get you a copy of the electrical easement to read yourself. If you can't get that, I could do so and give you an opinion letter for a very low flat fee if you really think you need help.

I do a lot of real estate legal work and have platted subdivision as well. Just email me @ [email protected].

If you would like to meet informally, just email me back. I�m often easiest to reach by email.

Thanks!

Edward J. Kazaleh

Attorney Mediator Arbitrator

5609 Val Verde

Houston, TX 77057

(713) 659-1000 (won't reach me this way... email!!! )

(832) 200-2100