Tennessee Driveway Easement Laws With Parents

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

According to the provisions of Section 4, an easementary right is a right possessed by the owner or occupier of the land on some other land, not his own, the purpose of which is to provide the beneficial enjoyment of the land.

An easement is a right which the owner of a property has to compel the owner of another property to allow something to be done, or to refrain from doing something on the survient element for the benefit of the dominant tenement. For example - right of way, right to light , right to air etc.

Driveway Rights and Obligations to Repair One issue that comes up from time to time is whose responsibility it is to maintain an easement. The short answer is the owner of the easement is responsible for maintaining the easement.

-The owner or occupier of the dominant heritage is entitled to enjoy the easement without disturbance by any other person.

They may also be created out of necessity. For example, if a parcel of land would be landlocked because the owners of that land would be unable to access any public roadway unless they have the ability to go across someone else's land, a Tennessee court would most likely create an easement for the landlocked party.

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Tennessee Driveway Easement Laws With Parents