TX SB1009

Allows servient estate owners (property owners burdened by an easement) to petition a court to relocate an easement without the easement holder's consent, provided the relocation does not materially lessen the easement's utility, increase burdens on the easement holder, impair safety, or damage property values

Excludes public utility easements, conservation easements, and negative easements from relocation under this act, and prohibits relocations that would interfere with existing conservation or utility easements

Requires the servient estate owner to pay all reasonable relocation expenses, including construction costs, government permits, title work, title insurance premiums, and any increased maintenance costs associated with the relocated easement

Establishes that the right to relocate an easement cannot be waived or restricted by agreement, even if the original easement document prohibits relocation or fixes the easement's location

Applies to all easements created before, on, or after September 1, 2025, and specifies that relocation does not constitute a new transfer, does not trigger due-on-sale clauses, and does not affect the easement's priority relative to other recorded interests