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TITLE 22EXAMINING BOARDS
PART 6TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS
CHAPTER 138COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS
SUBCHAPTER EPROFESSIONAL AND TECHNICAL STANDARDS
RULE §138.97Easement 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

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