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Texas application right of way 2026

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The document outlines the application process for businesses seeking registration as easement or right-of-way agents with the Texas Real Estate Commission (TREC). It details the requirements for business entities, including designated representatives, fingerprinting, background checks, and associated fees totaling $290. The document emphasizes compliance with state laws and regulations, and it includes sections for providing business information and certifying the accuracy of the application.

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Click ‘Get Form’ to open it in the editor.
Begin by entering your Business Name and Employer Identification Number in the designated fields. Ensure accuracy as this information is crucial for your application.
Select your Business Type by checking the appropriate box (Corporation, LLC, Partnership, etc.). If applicable, include a current Franchise Tax Account Status.
Fill in your Mailing Address and Physical Address. Note that the physical address cannot be a P.O. Box.
Answer questions regarding previous registrations or licenses with TREC. If any answers are 'Yes', complete the Background History Form linked within the document.
Provide details about your Designated Agent, including their name and registration number. This person must be an active easement or right-of-way agent.
Review all entered information for accuracy before submitting. Remember to include all required fees to avoid rejection of your application.

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We have answers to the most popular questions from our customers. If you can't find an answer to your question, please contact us.

What is a publicly owned right-of-way?

A public right-of-way is broader than a typical easement because it allows anyone access to a defined portion of private property and doesnt tie to a specific person. Determining whether you need a right-of-way or a different type of easement will depend on what situation you find yourself in.

How many feet is the public right-of-way?

The public right of right of way usually varies from about 50 feet to 60 feet for typical residential streets, and up to more than 100 feet for principle arterial streets.

What is the meaning of public right-of-way?

Public right-of-way refers to a strip of land, which is used as a roadbed, either for a street, railway or other accessway. The land is set aside as an easement or in fee, either by agreement or condemnation.

What is the difference between an easement and a right-of-way in Texas?

In Texas, all rights-of-ways are easements, but not all easements are rights-of-ways. 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.

What is considered a public right-of-way in Texas?

Public right-of-way means the area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement in which the municipality has an interest. The term does not include the airwaves above a right-of-way with regard to wireless telecommunications.

erw easement right of way

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What is the Texas DOT right-of-way?

The Right of Way Division coordinates the acquisition of land to build, widen or enhance highways, and provides relocation assistance when needed. The division also coordinates utility adjustments and the disposition and leasing of surplus real property owned by TxDOT. It also regulates commercial signs and junkyards.

What is the right-of-way in Texas?

Texas right-of-way laws include: Trains always have the right-of-way. If intersections have no signage or signals, drivers should yield to traffic on their right and to cars already crossing the intersection. Drivers approaching main roads from alleys, private roads, and other smaller roads must yield to traffic.