By John Hayter, Broker, Ranch Marketers
If you are buying or selling a ranch in West Texas or Southeast New Mexico, understand the types of easements on land and what they allow. A road, pipeline or power line across a pasture does not tell you who can use the ground, for what purpose or for how long.
I grew up on a ranch in Fort Stockton, Texas. The practical question is whether the paperwork agrees with what we see on the ground.
What an easement actually gives someone
An easement generally gives a person or another property owner a limited right to use land owned by somebody else. It does not ordinarily transfer ownership of the underlying land. It also does not give the holder unlimited use of the entire ranch. The written instrument, when there is one, matters: its purpose, location, width, duration and restrictions can all affect the parties’ rights.
Say a recorded easement gives a neighbor passage along a described ranch road. That does not automatically give the neighbor permission to drive anywhere on the ranch, put in utilities, widen the road or use it to serve another tract. You have to read what was granted. The Texas Supreme Court addressed limits on using an appurtenant right-of-way to benefit other land in Bickler v. Bickler (1966).
For sellers, the question is not simply whether an easement exists. It is whether you can explain it plainly to a buyer and point to the documents. For buyers, it is whether the rights you need will actually be there after closing.
The two basic types of easements on land
Appurtenant easement: a right that benefits the property
An appurtenant easement benefits a particular parcel, often called the dominant estate. The parcel crossed or burdened is the servient estate. Ordinarily, the benefit passes with ownership of the dominant property, even when a new owner takes title.
Picture an interior ranch reached by a road across a neighboring ranch. If a properly created appurtenant access easement benefits the interior tract, a sale of that tract ordinarily carries the benefit with it. That is the kind of arrangement a buyer generally wants to see when a ranch depends on a private road.
But the details still matter. Is the entire route described? Is it for ranch access or a narrower purpose? Who repairs gates and cattle guards? Does the right permit the practical use intended by the buyer? The easement should be read alongside the survey and title work, not just mentioned in a listing description.
Easement in gross: a right held by a person or company
An easement in gross benefits a particular person or entity rather than a separate parcel of land. A utility or pipeline company may hold one. A personal recreational permission structured as an easement in gross is another possible example.
Here is a simple distinction from my earlier writing. Suppose Joe holds a personal right to fish on a neighbor’s land. Selling Joe’s ranch does not, just by itself, mean his buyer receives that fishing right. If the fishing right is truly appurtenant to Joe’s ranch, the analysis changes.
Do not take the next step too far, though: an easement in gross is not always nontransferable. Assignment depends on the grant, the nature of the right and applicable law. In Drye v. Eagle Rock Ranch, Inc. (1962, modified on rehearing 1963), the Texas Supreme Court distinguished rights attached to land from rights held personally, and noted that easements in gross ordinarily are not transferable or assignable. An attorney should review the actual language before anybody promises a right will, or will not, transfer.
Access easements: the ranch road deserves a closer look
A gate and a worn road show use, not an enforceable, transferable access right.
Some older family ranches have been entered the same way for years without anybody questioning it. That history may explain the relationship among neighbors, but it is not a replacement for title research. I encourage sellers to check access before putting land on the market. Buyers should do it during due diligence, before treating a driveable road as dependable access.
Ask whether the ranch meets a public road, or whether every usable entrance crosses private or public land. For private crossings, request the recorded instrument and any related amendments. Trace the complete route, including connections between parcels. For federal land crossings, contact the agency managing the land and review the actual authorization; a permit or right-of-way grant is not automatically equivalent to a perpetual private easement. Federal right-of-way authorizations are addressed under the Federal Land Policy and Management Act, 43 U.S.C. § 1761.
Title insurance and financing are separate questions. An access issue can lead to exceptions, additional underwriting or a lender request for clearer documentation. Ask the title insurer what it will cover, and ask the lender what it requires. Never assume that an ordinary title commitment guarantees every physical route you have driven.
For a hypothetical grazing tract near Midland-Odessa, put the recorded corridor and planned improvements on the same map. Ask counsel which activities the grant permits and which need separate consent. Check any amendments rather than treating the original document as complete. Keep questions about livestock, crossings and restoration tied to the language of the instrument, so the buyer can distinguish documented obligations from assumptions before closing.
Utility easements and rights-of-way
Electric lines, water pipelines, communications cables and other utilities may have easements across rural acreage. They can be useful to the ranch and to adjoining land, but they can also restrict where you build, excavate, plant trees or install improvements.
Check whether the instrument authorizes overhead lines, underground lines, access roads, future upgrades or additional facilities. A utility company may need to enter for inspection and repair. The agreement may address vegetation clearing, restoration after work and liability for damage.
If you plan a house site, barn, road, tank or waterline, put that proposal on the map with the existing corridors. It is far easier to change a plan on paper than to discover an easement conflict after construction begins.
Pipeline easement on a ranch: look beyond the buried line
In the Permian Basin, review a pipeline easement alongside the ranch’s intended use. Say you are evaluating a grazing tract near Hobbs: compare the grant with fences, crossings and proposed improvements rather than assuming the buried line tells the whole story.
As a ranch manager, I helped negotiate pipeline easements from the landowner side.
Read the entire agreement. Check authorized lines, placement, replacement rights, work areas and maintenance access.
Look closely at provisions for gate practices, livestock protection, fencing, weed control, erosion repair, topsoil handling and surface restoration. The wording may also address roads, water features, equipment damage, indemnity and decommissioning.
An existing buried line does not tell you everything about the easement, and a new buyer should not infer that an operator has unlimited rights. Have a qualified land attorney examine the grant and any amendments. Where federal land is involved, pipeline authorizations may also implicate the Mineral Leasing Act, 30 U.S.C. § 185; verify the responsible agency and the particular grant.
Written, implied and prescriptive easements
A written, or express, easement is the easier starting point: there should be an instrument to read, locate and evaluate. Recording it in the county land records helps make the claimed right discoverable, but a title report may not reveal every unrecorded agreement or every potential claim.
An implied easement may arise from a property’s history and circumstances even without a separate easement document. A prescriptive easement is a different claim based on qualifying use over time. Neither should be assumed merely because people have crossed the same ground for years.
In Texas, Brooks v. Jones (1979) addresses a ten-year prescriptive period and adverse use. In New Mexico, Algermissen v. Sutin (2003-NMSC-001) addresses ten years and open or notorious, adverse and uninterrupted use. Neither makes a particular ranch lane qualify. Other states differ; Colorado’s Lobato v. Taylor (2002) addresses an eighteen-year period and intended but imperfect grants.
I would never tell a buyer to depend on a prescriptive claim as though it were a recorded access agreement. The facts, the quality of the evidence and the state’s law need review by local counsel.
Why easements matter when valuing or selling a ranch
An easement is not automatically bad. A documented, workable access easement may be essential to making acreage useful. A utility corridor might have little practical effect on a particular pasture. A broad corridor through the only sensible building site could matter much more.
The effect depends on the property and the rights granted.
I believe sellers are better served by finding problems early and presenting what they know accurately. Buyers deserve the same clarity. My guiding rule is simple: know what you have, and tell the truth about it.
What to check before you buy or list
Obtain the current title commitment or preliminary report and read the exceptions and referenced documents.
Request complete easement agreements, recorded amendments, plats, surveys and any available right-of-way maps.
Identify the dominant and servient properties where an appurtenant easement is claimed.
Verify that every access segment reaches a public road or a legally authorized connection.
Compare the easement route and width with fences, gates, buildings, water improvements and proposed uses.
Ask who maintains roads, gates, fences and utility or pipeline corridors, and who pays for damage or restoration.
Check for visible uses that are missing from the documents, including neighbors’ travel or utility facilities.
Have the title company, surveyor, responsible agency and a qualified local attorney resolve material questions before closing or listing.
Get the easement story straight before the sale
Ranch Marketers represents buyers and sellers of ranches, farms, recreational property and acreage in West Texas and Southeast New Mexico. For a sale or purchase, reach out through our Contact page. Let’s visit.
This article is for general information only and is not legal or tax advice. John Hayter is not an attorney. Consult a qualified attorney or tax professional about your situation.
What are the main types of easements on land?
Two important categories are appurtenant easements, which benefit a parcel of land, and easements in gross, which benefit a person or entity. Both may be used for access, utilities or other limited purposes. Also distinguish an express written easement from a right someone claims through implication or prescription. The recorded document and applicable state law govern the details.
Does an easement automatically transfer when a ranch is sold?
An appurtenant easement ordinarily passes with the property it benefits. An easement in gross does not attach to a dominant parcel, but some in-gross rights may be assignable. Do not assume every personal or company-held easement ends at a sale. Ask a real estate attorney to read the grant and determine who can exercise the right after closing.
Can a neighbor claim an easement from using my road for years?
Possibly, but long use alone does not establish a prescriptive easement. State law requires proof of specific elements. Preserve records of use and permission, and have a local attorney evaluate the facts before changing access.
How do I find easements on rural property?
Start with the title commitment and its listed exceptions, then request copies of the underlying instruments. Compare those with a current survey, county records, utility markers and conditions on the ground. Ask about unrecorded agreements and routes that cross other land. An attorney, title company and surveyor may each answer a different part of the question.
What should I review in a pipeline easement on a ranch?
Read the entire grant, including the corridor description, allowed number of lines, access for maintenance, temporary work space and restoration obligations. Consider livestock, gates, roads, erosion, water improvements and future construction. Confirm whether the operator can expand or replace facilities and what procedures apply. For negotiations or disputes, consult a lawyer familiar with ranch and pipeline easements.