Tennessee Easement By Prescription
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FAQ
Acquisition of easements by prescription Therefore, if there is a need to prove its title after prolonged, uninterrupted and continuous occupation or to exercise certain rights over real estate it will cause hardship and will cause injustice. The law, therefore, recognizes an easement by prescription.
The Land Registry will register a prescriptive easement against a legal title provided they are satisfied with the evidence provided, they have seen the title or title deeds to the burdened property and they have obtained consent for the registration from the owners of the burdened property.
A prescriptive easement arises when a person, acting under an adverse claim of right, makes uninterrupted, open and visible and exclusive use of another's property for at least twenty years with the owner's knowledge and acquiescence. Bradley v. McLeod, 984 S.W. 2d 929, at 935 (Tenn.
When a person uses land in a manner in which he does not recognize the rights of the land's true owner. Continuous Use: The use, in addition to being adverse, must be continuous and uninterrupted to establish and easement by prescription.
