Sunday, September 16, 2012

Private Restrictions on Ownership

Private restrictions on ownership limit what the owner can do with their property, even if they own the fee simple rights. These restrictions are called encumbrances. It is extremely important as a potential home owner to be knowledgeable of the encumbrances that run with the land as they may adversely affect the value of the property. Examples of an encumberance are liens, easements, and deed restrictions.

An easement is the right given to one party by the landowner to use their land in a certain manner. I found an article that discusses one situation that is common for some Texas homeowners - dealing with oil & gas companies drilling on your land. If an oil company ever contacts me about drilling on my land, I hope I own the mineral rights to it! Unfortunately, that is not the case for most people. If the landowner does not own the mineral rights to the land, he is still owed compensation from the company for  using the surface of the land. It's not nearly as much as mineral right royalties, but it's still an important right that should be exercised. This is where it is important to understand how an easement comes into play. The proposed contract by the company describing the easement is negotiable. The landowner should limit the company to what is necessary to drill the oil from the land and nothing more. Furthermore, the landowner should be compensated for the fair market value of the easement and any damages to the land incurred.  
http://recenter.tamu.edu/news/pdf/NewsRel18-0312.pdf

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