FOR PROPERTY OWNERS
Landowner FAQ
Property owners tell us our right-of-way process is respectful, clear and collaborative. If TerraServ has contacted you about a project, here are answers to the questions we hear most.
Getting started
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Your property has been identified as needed for a proposed utility or infrastructure project. TerraServ coordinates the land rights for that public project on behalf of our client, and we will walk you through what it means for your property.
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If you have received a call or letter from our team, we have been trying to reach you to discuss an upcoming infrastructure project. We are happy to set a quick call or in-person meeting at your property (or any location convenient for you) to discuss the details of the project. Feel free to reach out to us via phone, email, or our contact form.
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Texas law requires all real estate license holders to provide this notice. It is not a contract, but a disclosure that explains how agency works in Texas. It outlines the duties of a broker (TerraServ) to the party they represent. We provide this to ensure you understand in this transaction we are representing the Client (Municipality, Utility Provider, MUD), not with you as the property owner.
Easements and the process
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An easement is a legal right granted to another party to use a specific portion of your land for a specific purpose. For infrastructure projects, this is typically a “Utility Easement” which allows for the installation and maintenance of lines (water, sewer, electric, etc.)
NOTE: You will still retain ownership of the land, but your use of the specific area may be restricted (example: no permanent buildings or structures on top of the proposed utility line).
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If you have been contacted about granting a Right of Entry (ROE), there is a proposed utility project planned in your area. Generally, the project is in early stages of planning and our team and Clients are exploring all possible routes for feasibility. Granting of the Right of Entry does not convey any land rights and does not commit your property to being selected for a potential route, but will grant access for surveyors and subcontractors to examine and gather data on your property in the field. We are happy to coordinate access at a time convenient for you.
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Every project is different. The impact to your property depends on the type of infrastructure being installed, the proposed location, construction methods, and the rights being requested. During the acquisition process, our team will work with you to explain the proposed project, anticipated construction activity, access needs, and any applicable restoration terms or special conditions related to your property.
Your rights
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No. To remain compliant with TREC regulations, we must be clear: We represent the Client (Municipality, Utility Provider, MUD, etc.). As the landowner you are an unrepresented third party in this transaction. While we are required by law to treat all parties honestly and fairly, our fiduciary duties of loyalty and confidentiality belong solely to our client.
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Whether or not you hire an attorney is entirely your choice. Because we represent our Client’s interests and cannot provide you with legal advice, many landowners may choose to consult an attorney to review easement agreements or land sale contracts. If you do hire an attorney, please let us know so we can coordinate with them directly.
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Eminent Domain is the legal power of certain government or “quasi-government” entities to take private property for public use, provided the owner is paid Just Compensation. The Texas Landowner Bill of Rights is available for additional information on the process.
TerraServ’s goal is to reach a mutually beneficial agreement with owners outside of Eminent Domain. We will work with you to establish special conditions and requests to keep your property protected during construction activities.
Talk to a real person
Questions about a letter you received or a project near your property? We're happy to explain, by phone or in person.
HELPFUL RESOURCES
WHAT TO EXPECT
How we work with landowners
01
FIRST CONTACT
We explain the project and why your property is involved.
02
MEET AND TALK
By phone, or in person at your property or wherever suits you.
03
SURVEY ACCESS
A Right of Entry may be requested so surveyors can collect field data.
04
AGREEMENT
Terms, special conditions and restoration are discussed and agreed together.
Still have questions?
Every property is different. Reach out and we'll walk you through what the project means for your land.