Tennessee Easement Laws For 2018

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

Easement Deed for Real Estate Located in Tennessee An express easement by grant is created by a deed in writing that contains plain and direct language evidencing the grantor's intent to create an easement. The scope and duration of the easement is set forth in express terms in the granting document.

To create a prescriptive easement, the use and enjoyment of the property must be adverse, under a claim of right, continuous, uninterrupted, open, visible, exclusive, with the knowledge and acquiescence of the owner of the servient tenement, and must continue for the full prescriptive period.

The short answer is ? the owner of the easement is responsible for maintaining 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.

To create a prescriptive easement, the use and enjoyment of the property must be adverse, under a claim of right, continuous, uninterrupted, open, visible, exclusive, with the knowledge and acquiescence of the owner of the servient tenement, and must continue for the full prescriptive period.

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Tennessee Easement Laws For 2018