Tennessee Permissive Use Agreement and Easement
Description
Key Concepts & Definitions
Permissive Use Agreement and Easement: A permissive use agreement allows a property owner to grant another party the right to use their land for a specific purpose without transferring ownership. An easement, particularly access easement, provides the legal right to use another's property for a particular use.
- Access Easement: Allows passage over someone else's land.
- Prescriptive Easement: Acquired through continuous use over a period, without consent by the owner.
- Easement of Necessity: Usually granted when a property is landlocked and needs access to a public road.
Step-by-Step Guide to Creating a Permissive Use Agreement
- Determine the need for easement or access, particularly if dealing with a landlocked property or the need for secondary access.
- Consult with a real estate attorney to understand pertinent local laws including any risks of court appeal.
- Negotiate terms that clearly state the duration, type of use, and any specific conditions.
- Document the agreement in writing, ensuring all parties understand their rights and responsibilities.
- Register the arrangement as required by local law to prevent future real estate disputes.
Risk Analysis in Permissive Use Agreements and Easements
- Legal risks including potential court appeals by unsatisfied parties or disputed access rights.
- Financial risks such as costs of litigation or compensation to property owners.
- Potential devaluation of property due to perceived nuisances or overuse.
Key Takeaways
Understanding: The distinction between different types of easements and their legal implications is crucial.
Preparation: Proper documentation and legal advice can mitigate risks associated with permissive use agreements and easements.
Compliance: Ensuring all agreements comply with local real estate laws is key to avoiding disputes.
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FAQ
An easement is a "nonpossessory" property interest that allows the holder of the easement to have a right of way or use property that they do not own or possess.If the easement only benefits an individual personally, not as an owner of a particular piece of land, the easement is known as "in gross."
A permissive easement is simply permission to use the land of another. It is essentially a license, which is fully revocable at any time by the property owner.Use of this road is permissive and may be revoked at any time by the owner."
For example, you might want an easement because someone's property provides easy access to water. In order to obtain an easement, you need to negotiate with the landowner whose property you want to use. Then, you will need to draft an acceptable legal document and file it with your Recorder of Deeds.
An easement appurtenant is an easement that benefits one parcel of land, known as the dominant tenement, to the detriment of another parcel of land, known as the servient tenement.Similarly, if Landowner B sells his property to another landowner, that landowner will be able to use the easement. Easement in Gross.
When one of the owners of either the dominant estate which an easement benefits or the servient estate over which the easement runs becomes the owner of both properties, then there is a unity of the two titles, and since an owner does not need an easement over the owner's own property, according to Florida law, the
Since an easement on your property typically forms some type of burden on you, you have the right to deny that easement if you choose. However, with both public and private easements, the entity may take you to court in specific cases and a judge may force the easement on you when they deem it a necessity or relevant.
An easement is a "nonpossessory" property interest that allows the holder of the easement to have a right of way or use property that they do not own or possess. An easement doesn't allow the easement holder to occupy the land or to exclude others from the land unless they interfere with the easement holder's use.
There must be a dominant and a servient tenement; The easement must accommodate the dominant tenement, that is, be connected with its enjoyment and for its benefit; The dominant and servient owners must be different persons; The right claimed must be capable of forming the subject-matter of a grant.
Failure to have all three owners of the property sign the easement agreement rendered the instrument ineffective.While, the fee owner of a life estate can grant an easement, the duration and enforceability of that easement shall be limited to the term of the life estate (i.e. the lifetime of the life-estate grantor).