Land Use & Zoning
A Texas property owner whose land is subject to an unused easement for a railroad right-of-way that was abandoned decades ago may be able to reclaim the land through:
AAdverse possession
BAbandonment principles—showing the easement holder has relinquished the easement and demonstrating clear abandonment✓ Correct
CSimply building over the easement area
DApplying to TREC for easement release
Explanation
An easement can be terminated through abandonment if the easement holder's conduct shows a clear intent to permanently relinquish the right. For railroad corridors, federal law (Rail Banking Act) creates a process for converting abandoned railroads to trails. Property owners should consult an attorney before assuming an easement has been abandoned.
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