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Commonly Asked Questions about Easement and Right of Way Forms

Complete a permit application using the Houston District Driveway Access Permit (DAP) System. Copy of the executed property deed. Include TxDOT Right-of-Way (ROW) map (site MUST be marked on map), also showing exact location of access.
How long should it take to receive a utility permit from TxDOT? Allow at least 90 days to receive the necessary permit for the project.
A building permit is required for a new driveway, widening of a driveway, and replacing an existing driveway.
If you own the land fronting the street, you cannot block access to those who must cross your property to access the street. They have a legal right to do so. A prescriptive easement is one that is recognized by the mere fact of its existence and its continued use.
To put it simply, a right-of-way is a type of affirmative easement. A right-of-way, however, only permits the grantee to cross overor underthe property of another owner. In contrast, a conventional easement gives the grantee the legal right to use the property for a specific agreed-upon purpose.
The applicant will complete Form 1058 for the new access driveway, but also demonstrate they are the owner/lessee of a mineral interest and that they have provided a copy of the driveway permit application to the surface owner prior to submitting the application to the district.