Buying or selling acreage in Spring Branch and wondering if your access is truly secure? You are not alone. On Hill Country tracts, private roads, old driveways, and scattered utility lines can make access feel clear when it isn’t. In this guide, you’ll learn how easements work in Texas, what to verify in Comal County, and the steps to lock down clean, reliable access before you close. Let’s dive in.
Spring Branch access basics
Spring Branch sits in western Comal County near the Guadalupe River and Canyon Lake, with a mix of platted subdivisions, unplatted tracts, and private roads. That variety creates different access paths, from county rights-of-way to shared private drives. The area’s setting and growth mean floodplain rules and water availability also affect buildability and driveway work. If you’re new to the area, start by understanding the local landscape of Spring Branch.
County rules that affect driveways
Comal County requires a PIPROW permit for private improvements in county right-of-way, including driveway or utility crossings. Before altering a culvert, gate, or apron, confirm whether county ROW is involved and what inspections are required through the County Engineer’s Office. You should not expect the county to maintain private roads unless they have been formally accepted as public. Review the County Engineer’s guidance on permits and right-of-way steps via the Comal County Engineer’s Office.
Flood and water constraints
FEMA’s updated flood maps for Comal County became effective May 8, 2024. If a tract sits near a creek or the river, floodplain status may affect where and how you build a driveway or place a culvert. Check your parcel against the latest FEMA maps early to avoid surprises.
Some local water providers have issued restrictions or paused new commitments during drought periods. Confirm serviceability and any moratoria with the providers that serve your tract, starting with the City of Spring Branch utility contacts. Water access can shape both development timelines and utility easement needs.
Easement types you’ll see in Texas
Express easements
These are written and recorded in the county records, often in a deed or separate instrument. They provide the clearest path to legal access. Look for width, use rights, and maintenance language, and confirm they run with the land. For where and how to find them, use the Texas State Law Library’s primer on easements and records.
Implied or necessity easements
If a parcel was split and one piece lost access, an easement can be implied by necessity. These are fact specific and may require legal review. You should not rely on assumptions; confirm the recorded history and consult counsel if access depends on implication rather than writing.
Prescriptive easements
Longstanding use alone is not enough. In Texas, a prescriptive claim requires open, notorious, continuous, exclusive, and adverse use for the statutory period, typically 10 years, and courts apply these elements strictly. See the statute governing adverse possession periods in Texas Civil Practice & Remedies Code §16.026.
Easement by estoppel
This can arise when one owner allows use and the other relies and improves to their detriment. It is narrow and turns on particular facts. As with implied rights, you should seek recorded documentation rather than relying on informal arrangements.
Utility, drainage, and conservation easements
These are commonly recorded on plats or in separate instruments and will appear as exceptions in a title commitment. They can limit where you place a driveway, fence, or structure. The Texas State Law Library explains how such easements are documented in its easement overview.
Who maintains a private road or shared drive
Unless a recorded document says otherwise, Texas law generally places maintenance on the dominant estate, meaning the party who benefits from the easement. When multiple owners use a road, a recorded road maintenance agreement should set cost sharing, decision-making, and dispute steps. Texas A&M AgriLife outlines these duties in its discussion of who maintains an easement.
Counties maintain public roads, not private ones, except under limited, formal exceptions. A county must accept a road by dedication, purchase, eminent domain, or court order to maintain it with public funds. The Texas Association of Counties explains these limits on county maintenance of private property.
How to confirm access before you buy
1) Order a title commitment
Review Schedule B for recorded easements, road dedications, and exceptions. Ask about endorsements that improve coverage for survey matters. See the Texas Department of Insurance guidance on title commitments and endorsements.
2) Get a current boundary survey
A current survey should show visible access routes, fences, gates, culverts, drainage, and right-of-way lines. Ask the surveyor to depict any traveled path and note visible and apparent uses so the title company can evaluate coverage.
3) Search county records and plats
Use the Comal County Clerk’s tools to find plats, recorded easements, and road dedications. Start with the County Clerk plat viewer.
4) Check county permit history
Confirm whether a driveway crosses county right-of-way and whether a PIPROW permit exists or is required for changes. Coordinate with the Right-of-Way inspector through the Comal County Engineer’s Office.
5) Contact utilities and water providers
Ask electric, water, and telecom providers about existing utility easements and serviceability. In the Spring Branch area, begin with the city’s utility provider directory.
6) Review the deed chain
Look for recorded access grants, maintenance agreements, or releases. If access rests on oral permission, make it a priority to obtain a recorded express easement before you close. The State Law Library’s easement guide explains where to find these documents.
7) If the parcel looks landlocked
Identify any recorded access or negotiate one with neighbors. If no agreement is possible, an easement by necessity may be available through legal action. These are fact dependent, so consult a Texas real estate attorney early.
Negotiation tips and closing reminders
- Require the seller to deliver any necessary access easement in recorded form before or at closing.
- If access depends on a neighbor’s consent, convert permission to a recorded easement and include a road maintenance agreement with cost sharing and decision rules.
- Ask your lender early about legal access requirements and any documentation they will need.
- Where floodplain or septic limits affect driveway placement, coordinate county reviews before final design.
Quick due diligence checklist
- Title commitment: review Schedule B easement and ROW exceptions, and ask about endorsements. Refer to TDI’s title manual guidance.
- Survey: order a current survey showing driveways, culverts, drainage, visible use lines, and ROW.
- County records: search plats, easements, and any recorded maintenance agreements via the Comal County Clerk.
- County permits: verify PIPROW needs for driveway or utility work with the County Engineer.
- Utilities: confirm water, electric, and telecom serviceability using the City utility contacts.
- Floodplain: compare the tract to the updated FEMA maps and plan culverts and access accordingly.
- If access crosses a neighbor’s land: secure a recorded, surveyed easement and a maintenance agreement. See AgriLife’s overview of maintenance duties.
- If access is disputed or unclear: consult a Texas real estate attorney and do not rely on informal use or oral promises.
Ready to move forward with confidence on Spring Branch acreage? Tap local expertise and a high-touch approach that anticipates access issues early and keeps your deal on track. Connect with Strait Luxury to discuss your property and next steps.
FAQs
What is the safest form of legal access on Spring Branch acreage?
- A recorded express easement or a public road connection documented in the county records provides the clearest, most reliable access, as outlined by the State Law Library’s easements primer.
Does long-term driveway use create a legal easement in Texas?
- Not by itself. Prescriptive rights require open, notorious, continuous, exclusive, and adverse use for about 10 years, per Texas law.
Who pays to maintain a shared private road in Comal County?
- Unless a recorded document says otherwise, the users who benefit from the easement typically bear maintenance, and a recorded road maintenance agreement should set out cost sharing, per Texas A&M AgriLife.
Will Comal County maintain my private road if graders have been out before?
- Generally no. Counties maintain public roads and need a formal acceptance to maintain a road with public funds; see the Texas Association of Counties on private property maintenance limits.
How do I verify if a driveway crosses county right-of-way?
- Contact the Comal County Engineer’s Office to confirm ROW boundaries and PIPROW permit needs, and schedule an inspection if changes are planned through the county permits page.
