Tennessee Waterline Easement
Description
Understanding Waterline Easement
A waterline easement is a legal right granted from a property owner to allow the use of or access to a portion of their property for the installation, maintenance, or repair of water line systems. This easement typically affects properties where water lines must cross private lands to connect network points or provide utility services to other locations.
Key Elements of Waterline Easements
- Legal Agreement: Formalizes the arrangement between the property owner and the utility company or government.
- Physical Space: Specifies the exact area of the property affected by the easement.
- Duration: Defines how long the easement will remain in effect, which could be permanently or for a specific term.
- Compensation: Details any compensation the property owner will receive for granting the easement.
Steps to Granting a Waterline Easement
- Initial Contact: The utility company identifies the need for an easement and contacts the property owner.
- Negotiation: Both parties discuss terms, including space, duration, and compensation.
- Legal Documentation: Preparation of legal documents by lawyers representing both sides.
- Signing of Agreement: Official signing of the easement agreement.
- Recording Easement: The agreement is recorded with local land authorities.
Risk Analysis of Waterline Easements
- Property Value Impact: Potential impact on the value of the property due to the presence of the easement.
- Legal Disputes: Possibility of disputes arising from misunderstandings or violations of easement terms.
- Land Usage Restrictions: Limitations on how the land can be used, which might affect future developments or alterations.
Comparative Analysis of Easement Types
| Type of Easement | Duration | Usage | Compensation |
|---|---|---|---|
| Waterline Easement | Indefinite or fixed-term | Water infrastructure | Usually compensated |
| Right of Way Easement | Indefinite | Transit access | May or may not be compensated |
| Utility Easement | Indefinite or fixed-term | Various utilities | Usually compensated |
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FAQ
A water easement, specifically, may grant a person access to water sources, water lines, and/or drainage that is on property owned by another person.
As mentioned above, the construction of dams on streams or creeks in Tennessee in most cases requires an Aquatic Resource Alteration Permit from the Division of Water Resources. Streams and creeks are protected for uses such as irrigation, recreation, fish and aquatic life, and livestock water and wildlife.
Easement holders have the right to use the land to their enjoyment as long as it does not place an unreasonable burden on the servient estate. Landowners have the right to make whatever use of the land as long as it doesn't unduly affect the easement.
Obtaining Legal Access To Landlocked Property To get legal access to a property that doesn't adjoin a government owned road, you have to get an easement added to the landowner's property you need to cross. Typically, easements are transferred with new ownership, but they aren't always shown on the current deed.
Quiet the Title. Allow the Purpose for the Easement to Expire. Abandon the Easement. Stop Using a Prescriptive Easement. Destroy the Reason for the Easement. Merge the Dominant and Servient Properties. Execute a Release Agreement.
In real estate, "landlocked" refers to a property that has no direct access to a public street, so the only way on or off the property is to cross land owned by someone else. Usually, a landlocked property gains street access through a legal permission called an easement.
If an authority has an easement registered over your land, they have the right to access the easement to maintain or repair the easement land or their equipment on the land.
Like in most states, adverse possession in Tennessee can be proven based on the character of a trespasser's possession and the length of time the person possesses the land. A trespasser's possession must be: hostile (against the right of the true owner and without permission)
Tennessee law recognizes easements by necessity, meaning that everyone has the right to access his property.Once the court determines property is landlocked, it will appoint a jury to determine compensation to the owner against whom the easement is awarded and to determine the location of the easement.