Easement For Highway Purposes

State:
Multi-State
Control #:
US-EAS-6
Format:
Word; 
Rich Text
Instant download

Description

This is a sample form for use in transactions involving easements, an Easement for Street and Roads. Allows a perpetual, non-exclusive right of way and easement to construct temporary and permanent streets or roads.

An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.
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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.

If you simply stop the dominant estate (the people who hold the easement) from accessing your property, you could be hit with a lawsuit yourself. If you want to avoid going to court, consider the potential benefits of accepting the easement appurtenant.

The landowner can grant the easement and record it at the county clerk's office, or the landowner can imply it without any written action required. It becomes an encumbrance, or claim, on the land's title once it is recorded and registered.

Affirmative easements provide the dominant estate the right to utilize the land for the purpose of the easement, preventing what would otherwise be trespass. Negative easements provide the dominant estate the right to prohibit use of the servient estate, such as a light and air easement.

All county roads are located on land that is referred to as the road right-of-way. The width of the county road right-of-way can vary a great deal. However, the general rule of thumb is that the road right-of-way is 66 feet wide, approximately 33 feet on both sides of the center of the road.

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Easement For Highway Purposes