Landowner FAQ
Why am I being contacted by TerraServ?We are reaching out because your property has been identified as a necessary location for proposed critical infrastructure or utility updates. Our role is to coordinate the land rights required to complete this public utility project.
What is an Easement?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).
What is the Information about Brokerage services form?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.
How do I get started?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.
What is a Right of Entry?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.
Are you representing my best interests?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.
What is Eminent Domain?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.
Do I need an attorney?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.
How will my land be affected?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.