It all comes down to the granting clause. that the Supreme Court of Texas most clearly described the likely means by which you could determine whether the conveyance is an Easement or Fee. In my opinion it is in Texas Electric Ry. Neale, et al., 3 the Supreme Court of Texas affirmed that “a deed which in the granting clause grants, sells and conveys a tract or strip of land conveys the title in fee, even though in a subsequent clause or paragraph of the deed the land conveyed is referred to as a right of way.” Co., 2 the Supreme Court of Texas held that where the granting clause of a deed conveyed fee simple title to the property described, a recital in the habendum clause of the deed referring to the land “granted herein as a right-of-way” did not limit the grant to a mere easement.įurther, in Texas Electric Ry. This ruling is not unique under Texas Law. The Court of Appeals stated that the granting clause of the deed did not purport to grant an Easement for street purposes, but rather conveyed the land itself. The instrument clearly indicates that the “purpose” of the conveyance is only to create a road, but does this create an Easement under Texas Law? Thirteen (13) of Phillips Addition to the town of Coleman, the two lots herein conveyed being deeded for the following purpose and trust, the said two lots are to be forever used as a street connecting the court house square on the east end of said lots with the Concho Street on the west end of said lots, and to be never used for any other purpose.” (emphasis added) "Do grant, sell and convey unto the County Judge of Coleman County, Texas, and his successors in office, of the County of Coleman and State of Texas, all that certain real estate situated in the town of Coleman in the County of Coleman and State of Texas, viz: Lots Nos. Wallace, 1 the Court was asked to interpret the following conveyance: While this may seem simple in theory, the failure to draft clear language in Texas Deeds has caused many acres to inadvertently change hands.įor example, in Stanbery v. Most commonly, an easement entails the right of a person, or the public, to use the land of another in a certain manner. In other words, easements consist of an interest (or estate) in real property that does not constitute fee ownership. Under Texas law, an easement is defined as a right, privilege, or advantage in real property, existing distinct from the ownership of the land. In other words, by taking title to land in “fee” you own the surface the minerals and all rights associated therewith.Ĭonversely, a Deed which conveys to the Grantee a right to use a portion of the land, or grants access for a given purpose in or over the land, conveys only a right-of-way or easement (collectively referred to as “Easement” hereafter). “Fee” is the short form of a fancy legal term “fee simple” which Black’s Law Dictionary defines as an interest in land being the broadest property interest allowed by law.
Under Texas law, a Deed which conveys a tract or strip of land conveys the title to the land in fee.
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