Buying land in Dripping Springs should feel exciting, not confusing. Then your title commitment arrives and you see a list of “easements” that seem to touch every corner of the property. You are not alone. In the Hill Country, easements are common and manageable when you know what they are, how they work, and what to check during your option period. This guide breaks it all down in plain English so you can move forward with confidence. Let’s dive in.
Easements, in plain English
An easement is a recorded right for someone else to use part of your property for a specific purpose. It might be a shared driveway, a utility corridor, or an area reserved for drainage. Easements usually “run with the land,” which means they remain in place through future sales.
In Texas, recorded documents generally provide constructive notice. That means buyers are expected to know what is recorded at the county clerk’s office. Your title commitment will list many of these items, and your survey shows where they sit on the ground.
Common Dripping Springs easements
Ingress and egress
- Purpose: Provide legal access to a parcel that does not front a public road.
- Typical features: Centerline or strip descriptions, a defined width, and recorded maintenance terms.
- What it means for you: Gating can be limited, you may share road repair costs, and the easement may allow only access unless utilities are stated.
- What to verify: Who can use it, whether it is exclusive or nonexclusive, and how maintenance is shared.
Utility easements
- Purpose: Allow electric, water, sewer, telecom, or gas providers to install and maintain lines and equipment.
- Typical features: Strips along lot lines or across lots, often 10 to 30 feet or wider for major lines, with rights for surface access and vegetation trimming.
- Local context: Electric service in much of the Hill Country is provided by electric co-ops, including Pedernales Electric Cooperative, and by municipal or telecom providers.
- What it means for you: Restrictions on placing buildings, foundations, wells, or driveways within the easement. Temporary disturbance is possible for repairs.
Drainage and stormwater
- Purpose: Preserve designed flow paths and allow maintenance of ditches or channels.
- Typical features: Often shown on plats and crossing multiple lots, with clear limits on obstructing flow or altering grade.
- What it means for you: You cannot build in these areas or change the grade. FEMA and local floodplain rules may add more limits.
Conservation and open space
- Purpose: Permanently protect natural, scenic, or agricultural values by limiting development.
- Typical features: Recorded deed restrictions that run with the land, detailed permitted and prohibited uses, and permanent duration.
- Local context: Hill Country land trusts, including those active in Hays County, often hold these easements.
- What it means for you: Significant limits on subdivision, building locations, secondary structures, fencing, vegetation removal, and commercial uses. Conservation easements appear as exceptions on title and may qualify owners for certain tax incentives.
Pipeline, oil, gas, and mineral-related
- Purpose: Pipeline corridors or reserved subsurface rights.
- Typical features: Recorded easements or deed reservations allowing surface access and heavy equipment.
- What it means for you: Possible surface disruption, truck traffic, and limited use of affected areas. Mineral interests often remain separate from surface ownership and appear as title exceptions.
Public rights-of-way
- Purpose: Roads, drainage, and infrastructure controlled by state, county, or TxDOT.
- What it means for you: Gates, culverts, and driveway connections are subject to permitting and approvals. Public rules may influence your site plan.
HOA, plats, and CCRs
- Purpose: Private easements and community infrastructure for utilities, drainage, and access.
- What it means for you: Recorded covenants and plat notes can create easements and set standards for use and appearance. Review them closely.
How easements show up on title
Easements typically appear as exceptions in Schedule B of your title commitment. You will also see plat notes, CCRs, mineral reservations, and prior leases here. These items remain on your policy after closing unless addressed beforehand.
- Schedule A confirms the legal description and parties.
- Schedule B-I lists requirements to close.
- Schedule B-II lists exceptions that are not covered by your policy.
Take time to read every item and ask your title officer to explain what stays, what can be insured over, and what may be removed.
What exception wording looks like
Buyers in Dripping Springs often see language such as:
- “Easement for ingress and egress as described in Volume __, Page __.”
- “Utility easement shown on recorded plat.”
- “Drainage easement along the north property line.”
- “Rights of the public in and to [name] road” or “County Road ROW.”
- “Mineral reservation recorded in instrument number ___.”
- “Conservation easement recorded in [instrument].”
These clues tell you what to pull and review during your option period.
Why your survey matters
Most title commitments include a standard survey exception. That means the policy excludes matters a current survey would reveal. For acreage and new construction lots, a current ALTA or boundary survey is essential.
- ALTA or boundary survey: For acreage, an ALTA or ALTA/NSPS survey is recommended. For smaller lots, a current boundary survey can be sufficient.
- What a survey shows: Easement locations, fences, roads, wells, septic systems, and where improvements sit relative to setbacks and easement lines.
- Plat versus survey: The recorded plat shows lot lines and platted easements, but it is not a substitute for an on-the-ground survey that can identify encroachments.
A clean survey with title endorsements can help narrow risk before you close.
Option period checklist
Use your option period to verify what easements do and how they affect your plans. Start quickly, since surveys and document pulls can take time.
- Order a current boundary or ALTA survey immediately for acreage or new-build lots.
- Request copies of every instrument listed in Schedule B from the title company or county clerk, then read them line by line.
- For ingress or shared-road easements, request the maintenance agreement and confirm cost sharing, exclusivity, and whether gates are allowed.
- For utility corridors, confirm who holds rights, where lines run, and whether the easement allows relocation or requires clear access.
- For conservation easements, obtain the full document and chart permitted uses, building envelopes, and approval procedures.
- Ask title about endorsements that might insure over survey matters or certain mineral issues.
- Pull FEMA flood maps and ask Hays County or the City of Dripping Springs about floodplain or drainage overlays that may affect plans.
- Review HOA documents, CCRs, and plat notes for private easements, setbacks, and design rules.
- Consider consulting a real estate attorney for interpretation when language is ambiguous or costs could be significant.
Smart questions to ask
- Who can use this easement and for what purposes, such as access only or utilities and maintenance too?
- Is there a recorded maintenance agreement and how are costs allocated?
- Are there active mineral leases or surface use rights that allow disturbance or equipment on the land?
- Does a conservation easement limit building envelopes or future lot splits? Is there a baseline report?
- Is any portion of the property within a FEMA floodplain or a local floodway overlay with building limits?
- Can any exceptions be removed or insured over before closing?
- Are any permits expiring or unrecorded agreements affecting the land?
Local context to know
Dripping Springs buyers rely on several local offices and providers. Knowing where to look saves time during your option period.
- Hays County Clerk: Recorded plats, easement deeds, mineral reservations, and other instruments that affect title.
- Hays County Development Services and floodplain manager: Floodplain maps, drainage rules, and permitting steps.
- City of Dripping Springs Development Services and Planning: Plat approvals, site plans, setbacks, and city-held easements within city limits or the ETJ.
- Utility providers: Electric co-ops like Pedernales Electric Cooperative, municipal water or wastewater, telecom companies, and special districts. Provider maps and easement requirements guide service routes.
- Conservation organizations: Regional land trusts often hold permanent conservation easements in the Hill Country, which appear as title exceptions and shape what you can build.
- Professional standards: Title norms from the Texas Land Title Association and ALTA, plus survey standards from the Texas Board of Professional Land Surveying, guide what your title commitment and survey should include.
Real-world scenarios and takeaways
- Road maintenance surprise: A decades-old ingress easement includes a maintenance agreement requiring equal cost sharing across lot owners. If the road needs grading or a bridge, your share could be significant and unavoidable once you accept title.
- Home site limitations: A conservation easement sets a specific building envelope and prohibits secondary structures outside it. Your preferred home location may be off limits.
- Surface use and minerals: A recorded mineral reservation grants the lessee limited surface rights. Trucks, noise, and temporary disturbance can be permissible even when you own the surface estate.
- Utility conflicts: A utility easement crosses the route of your planned driveway. The utility can require you to relocate the driveway or deny placement over critical lines.
These are not deal breakers for many buyers, but they require clear eyes and proper planning.
How to protect your plans
Choosing the right property is only half the job. The other half is verifying that your intended use fits the easements and recorded restrictions on title.
- Prioritize a current survey and a full document set for Schedule B exceptions.
- Map easements against your proposed site plan early in the option period.
- Confirm maintenance and cost sharing for any private road or bridge.
- Identify floodplain, drainage, and pipeline areas before staking improvements.
- Ask your agent and title officer about endorsements that may narrow your risk.
- Engage a real estate attorney if language is unclear or if costs could be material.
Why work with an attorney-REALTOR
On Hill Country acreage, small details carry big consequences. You deserve representation that is friendly, responsive, and meticulous about title and contract terms. As a boutique practice with deep Hill Country experience, Eileen brings legal-level attention to Schedule B exceptions, surveys, and timelines so you can build with confidence.
Get peace of mind when you sign. If you are weighing a Dripping Springs tract, a new-construction lot, or a custom build site anywhere along the Lake Travis corridor, connect with Eileen Depew for a focused, plain-English plan through your option period.
FAQs
What is an easement in Dripping Springs real estate?
- An easement is a recorded right allowing someone else to use part of your land for a specific purpose, such as access, utilities, or drainage, and it typically stays with the property through future sales.
How do ingress and egress easements affect gates and roads?
- They can limit where you place gates and often include maintenance obligations or cost sharing for private roads or shared driveways, so review the recorded agreement carefully.
Do utility easements limit where I put a well, septic, or driveway?
- Yes, utility corridors commonly restrict structures and may require clear access, which can influence the placement of wells, septic fields, and driveways shown on your survey.
What should I look for in a conservation easement?
- Check the full document for permitted uses, building envelopes, fencing rules, vegetation limits, and whether future subdivision or secondary structures are allowed.
Will an ALTA survey help on an acreage purchase?
- For acreage or new-construction lots, an ALTA or ALTA/NSPS survey is recommended to map easements, encroachments, and where improvements fit relative to setbacks and corridors.
Can title insurance remove a mineral reservation from my policy?
- Mineral reservations often remain as exceptions; some concerns may be insured over with endorsements, but many cannot be removed and require careful review with title and counsel.
Who maintains a shared private road in the Hill Country?
- Maintenance depends on the recorded agreement, which should outline cost sharing, responsibilities, and whether the access is exclusive or nonexclusive.
How do I check for floodplain or drainage limits in Hays County?
- Review FEMA flood maps and consult Hays County or the City of Dripping Springs for local floodplain and drainage determinations that may add building limits.
