Contracts
Purchase and Sale Agreements for land abutting former county roads must be updated. Due diligence requires reviewing the Commissioners Court Order rather than looking for a separate deed. Ensure standard easement agreements reference the statutory protections in Section 251.058(b)(4).
Hiring/Training
Landmen and title officers must be trained to search County Clerk Deed Records using the County as "Grantor" and the abutting landowner as "Grantee." Staff responsible for monitoring local government agendas must be trained to intervene *prior* to a vote to ensure the draft Order includes the mandatory utility preservation clause.
Reporting & Record-Keeping
The Order serves as the deed. To be valid, it must contain:
- 1. The specific name of the abutting property owner (Grantee).
- 2. The legal description of the property.
- 3. Crucially: A statement that conveyance is subject to the continued right of utilities/common carriers to use the infrastructure.
Ensure a certified copy of this Order is retained in your permanent property records.
Fees & Costs
There are no new statutory fees. However, failure to monitor these Orders may result in significant legal costs to defend existing easements against landowners who believe they hold unencumbered fee simple title.
