Smith County Easement Deed (In Gross - Utility) Form

Last validated July 18, 2026 by our Forms Development Team

Smith County Easement Deed (In Gross - Utility) Form

Smith County Easement Deed (In Gross - Utility) Form

Fill in the blank Easement Deed (In Gross - Utility) form formatted to comply with all Texas recording and content requirements.

Document Last Validated 7/18/2026
Smith County Easement Deed (In Gross - Utility) Guide

Smith County Easement Deed (In Gross - Utility) Guide

Line by line guide explaining every blank on the Easement Deed (In Gross - Utility) form.

Document Last Validated 7/18/2026
Smith County Completed Example of the Easement Deed (In Gross - Utility) Document

Smith County Completed Example of the Easement Deed (In Gross - Utility) Document

Example of a properly completed Texas Easement Deed (In Gross - Utility) document for reference.

Document Last Validated 7/18/2026

All 3 documents above included • One-time purchase • No recurring fees

Immediate Download • Secure Checkout

Important: Your property must be located in Smith County to use these forms. Documents should be recorded at the office below.

Where to Record Your Documents

Smith County Clerk

Address:
200 East Ferguson St, Suite 300
Tyler, Texas 75702

Hours: 8:00am - 4:45pm M-F

Phone: (903) 590-4670

Recording Tips for Smith County:
  • Double-check legal descriptions match your existing deed
  • Check margin requirements - usually 1-2 inches at top
  • Ask about their eRecording option for future transactions

Cities and Jurisdictions in Smith County

Properties in any of these areas use Smith County forms:

  • Arp
  • Bullard
  • Flint
  • Lindale
  • Troup
  • Tyler
  • Whitehouse
  • Winona

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Smith County

How do I get my forms?

Forms are available for immediate download after payment. The Smith County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.

Are these forms guaranteed to be recordable in Smith County?

Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Smith County, including margin requirements, font requirements, and other layout standards. This guarantee applies to formatting, not to the legal sufficiency of information entered by the user or the suitability of a form for a particular transaction.

Can I reuse these forms?

Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Smith County you only need to order once.

What do I need to use these forms?

The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.

Are there any recurring fees?

No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.

How much does it cost to record in Smith County?

Recording fees in Smith County vary. Contact the recorder's office at (903) 590-4670 for current fees.

Questions answered? Let's get started!

A utility easement is the most common easement in gross in Texas: the right to run power lines, pipes, or cables across private land belongs to the utility provider as an entity, not to any neighboring parcel. This form prepares the deed that creates that right over a defined area of a landowner's property.

An Easement, Not a Conveyance of Land

An easement is a nonpossessory interest in land. The grantor keeps title and possession and continues to use the property; the grantee receives only the limited right to use a described easement area for the stated utility purposes. The deed says so expressly, conveying an easement only and reserving to the landowner every use that does not unreasonably interfere with the utility's use. The distinction carries weight in Texas, where a grant phrased as a transfer of all right, title, and interest in a strip of ground can be read as a conveyance of the land itself rather than an easement.

In Gross Means Held by an Entity

Texas easements fall into two families. An easement appurtenant benefits a particular parcel, the dominant estate, and passes with that land when it sells. An easement in gross benefits a person or entity and burdens a servient estate with no dominant estate on the other side. The Texas Supreme Court drew this line in Drye v. Eagle Rock Ranch, Inc., and a utility easement sits on the in gross side: the right belongs to the electric, water, gas, pipeline, or telecommunications provider.

Why the Assignment Clause Matters

The in gross classification creates a trap the form is built to avoid. Texas courts have treated easements in gross as ordinarily not assignable unless the instrument provides for assignment. For commercial easements in gross, such as utility easements, courts have recognized transferability, particularly where the grant extends to the grantee's successors and assigns. The form includes an assignment and successors provision stating the parties' intent that the easement be assignable, so the right survives a later sale or merger of the provider rather than being trapped with the original grantee.

Homestead Property and the Spouse's Signature

An easement is an encumbrance on the land it burdens. Where the burdened property is the homestead of a married grantor, Texas Family Code Section 5.001 calls for the joinder of the grantor's spouse, whether the homestead is community property or the separate property of one spouse. The form carries a joinder signature block and a separate acknowledgment for the spouse, left blank where the grantor is unmarried or the property is not homestead, a point a generic easement form often misses.

Signing and Recording

The grantor signs before a notary, and the deed is recorded with the county clerk of the county where the property is located. Recording is not what makes the easement valid between the parties; under Property Code Section 13.001 it protects the easement against a later purchaser who buys the land without notice of it. The package includes the blank easement deed as a fillable PDF, a completed example built around a realistic electric distribution easement, and a plain language guide that walks through every section, explains the in gross and appurtenant distinction, and describes the homestead joinder rule. The materials are informational and are not legal advice.

Important: Your property must be located in Smith County to use these forms. Documents should be recorded at the office below.

This Easement Deed (In Gross - Utility) meets all recording requirements specific to Smith County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Smith County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.

Save Time and Money

Get your Smith County Easement Deed (In Gross - Utility) form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

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