HBA-JLV H.B. 2168 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2168
By: Uher
Land & Resource Management
77/19/2001
Enrolled



BACKGROUND AND PURPOSE

Prior to the 77th Legislature when a piece of property was partitioned, the
allotted shares of real property were subject to the same conditions and
covenants that applied to the property prior to the partition. Although the
retention of prior property rights served to protect the people subject to
a court decree, it sometimes left a partitioned piece of property with no
reasonable access to a public road.    Partitioned pieces of property are
often located in an area where the previous property owners would never
foresee the need for an easement.  Problems also arose after the land was
partitioned and one of the tract owners decided to sell his land locked
property.  When these situations arose, the affected parties often found
themselves caught in expensive legal proceedings to decide where and on
whose property an easement would be located.  These situations could be
avoided by resolving these issues prior to partitioning the land. House
Bill 2168 requires the commissioners appointed to partition property to
grant an access easement on a tract of partitioned property for the purpose
of providing a reasonable entrance and exit from an adjoining partitioned
tract that does not have an existing means of access. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 2168 amends the Property Code to require the commissioners
appointed to partition property, unless waived by the parties in an action
to partition property, to grant a nonexclusive access easement on a tract
of partitioned property for the purpose of providing reasonable ingress to
and egress from an adjoining partitioned tract that does not have a means
of access through a public road or an existing easement appurtenant to the
tract.  The bill  requires that the order granting the access easement
contain a legal description of the easement.   

Unless waived by the parties in writing in a private partition agreement,
the property owner of a partitioned tract that has a means of access
through a public road or an existing easement appurtenant to the tract is
required to grant in the private partition agreement a nonexclusive access
easement on the owner's partitioned tract for the purpose of providing
reasonable ingress to and egress from an adjoining partitioned tract that
does not have a means of access through a public road or an existing
easement appurtenant to the tract. 

The bill prohibits the access easement from being greater than a width
prescribed by a municipality or county for a right-of-way on a street or
road.  The bill provides that the access easement route must be the
shortest route to the adjoining tract that causes the least amount of
damage to the tract subject to the easement, and is located the greatest
reasonable distance from the primary residence and related improvements
located on the tract subject to the easement.  The bill requires the
adjoining tract owner who is granted an access easement to maintain the
easement and keep the easement open for public use. 

EFFECTIVE DATE
 
September 1, 2001.