Driveway Right Of Way Laws With Ease

State:
Tennessee
Control #:
TN-E316
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Driveway Easement
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FAQ

In fact, the owner of an easement has the right and obligation to maintain the easement. Moreover, they have a duty to keep in the easement in a safe condition to prevent injury to third persons using the easement.

Who maintains right-of-way? Public right-of-way is maintained by a city or the State. Private right-of-way may be maintained by a developer, a homeowner's association, or in the absence of these, by the users of the road.

Sometimes homeowners want to understand if they can remove an easement from their property or can a property owner block an easement. If the intent is to prevent or obstruct the use of the easement, the answer is probably no.

On newer roads and properties, especially on roads in a subdivision, the property owner's deed only goes to the edge of the right-of-way, and the land for the right-of-way is deeded to the town.

An easement is a right of use over the land of another for a specific purpose. An easement gives the easement holder a non-possessory interest in the property of the landowner and prohibits the landowner from interfering with the easement holder's use of the easement.

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Driveway Right Of Way Laws With Ease