Current through Reg. 49, No. 45; November 8, 2024
Section 138.97 - Easement Depiction(a) An easement depiction prepared by any person registered or licensed under the Surveying Act shall adhere to all rules promulgated by the board except where: (1) the easement area can be clearly ascertained without reference to a metes and bounds description of the easement; and(2) the easement does not bisect or protrude into the tract (leaving non-easement areas on opposite sides of the easement strip).(b) An easement's legal description or plat depiction meets the requirements of the exception to this rule when the easement: (1) is a blanket easement; or (2) the easement: (A) is within a tract of land or lot depicted in a recorded subdivision plat;(B) can be clearly defined and located without a metes and bounds description; and(C) is adjoining to a platted boundary line. (c) A "construction estimate", as used in §1071.004 of the Surveying Act, means a depiction of a possible easement route for planning purposes.22 Tex. Admin. Code § 138.97
Adopted by Texas Register, Volume 46, Number 13, March 26, 2021, TexReg 2019, eff. 4/1/2021