Chapter 15: Title Requirements and Procedure for Title Examination, Escrow, and Closing

Anchor: #i999640

Section 1: Title Requirements: Policy Regarding Kind of Title to be Acquired

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Overview (or State and LPA)

There are two types of title to parcels that will generally be acquired by TxDOT: fee simple and easement. For all parcels included within the limits of the right of way, fee simple title, less oil, gas and sulfur will normally be acquired. In rare circumstances a right of way easement may be used in acquiring the right of way proper. If this type of easement is to be used, make a written request to the ROW Program Office in Austin outlining the reasons for acquiring an easement instead of fee simple title. A permanent easement or right to use the surface area will be acquired for parcels which are needed for drainage, lateral support, slopes, or similar purposes. A temporary easement for a specified period of time will be acquired for parcels that are needed for construction purposes.

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