Tennessee Easement Laws For Way

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

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.

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.

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.

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.

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

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Tennessee Easement Laws For Way