Driveway Right Of Way Laws With Private Property

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

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.

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.

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.

Easements are a right to use someone else's land for a specific purpose. Tennessee easements can be created in a few different ways, but the most common is through an express grant, reservation, prescription, estoppel, eminent domain, or implication. Easements also come in two types: appurtenant and in gross.

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Driveway Right Of Way Laws With Private Property