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.

Source Note: The provisions of this §138.97 adopted to be effective April 1, 2021, 46 TexReg 2019