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Property law is notoriously complex, and some of the most complex legal issues in real estate involve easements. Tennessee law defines an easement as a property interest that gives someone a right to use property owned by someone else for a specific purpose.
Real Property - As enacted, restricts the width of a private easement or right-of-way to 25 feet; authorizes the court to award attorney fees to the defending landowner in an action for an easement or right-of-way brought by a private person owning land obstructed entirely from a public road by the intervening land of ...
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.
The court will consider easement by necessity, which means a part of the property is landlocked, therefore the use is valid. Easement by prior use means just like it sounds: A property owner can gain the right to an easement if they openly used the land for a long period of time.
The short answer is ? the owner of the easement is responsible for maintaining the easement.