A public easement is an easement that gives all people (the public) the right to use and enjoy a tract of property such as a street, sidewalk, park, or beach.
In Texas, a public easement is a type of right-of-way that allows the general public to use and access certain property, which is often owned by a private party or a governmental entity. Public easements are commonly established for streets, sidewalks, parks, beaches, and other areas where public access is necessary or beneficial. These easements are typically created through dedication by a property owner, by prescription (long-term use by the public), or by implication. The Texas Transportation Code provides the framework for the establishment and maintenance of public roads and streets, which are forms of public easements. Additionally, local governments in Texas have the authority to regulate the use of public easements within their jurisdictions to ensure they are used in accordance with the public interest. It's important to note that while the public has the right to use these easements, the underlying property ownership does not change, and the property owner retains certain rights subject to the easement's limitations.
