Tennessee Easement Laws For Property Owners
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How to fill out Tennessee Driveway Easement?
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FAQ
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.
The short answer is ? the owner of the easement is responsible for maintaining the easement.
The Tennessee Department of Transportation Right-of-Way (TDOT ROW) Division is responsible for acquiring and managing all right-of-way needed for the construction and maintenance of highways in the State of Tennessee.
An easement based on prior use can be established if a piece of land has been used to perform a necessary function for an extended period of time. For instance, a person's driveway might veer into their neighbor's property.