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To create a prescriptive easement, the use and enjoyment of the property must be adverse, under a claim of right, continuous, uninterrupted, open, visible, exclusive, with the knowledge and acquiescence of the owner of the servient tenement, and must continue for the full prescriptive period.
You may be surprised to learn that the neighbor who has planted a flower bed on part of your property and who keeps mowing part of your lawn every week may actually have a claim to your property.
Under common law, Tennessee courts have held that parties in adverse possession of land for 20 years will gain title to that land, even without any assurance or color of title. When a party has remained in uninterrupted and continuous possession of land for 20 years, their ownership of the property should be presumed.
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.
The short answer is ? the owner of the easement is responsible for maintaining the easement.
T.C.A. §§ 13-3-401 and 13-4-301 define a subdivision as: Dividing any tract or parcel into two or more lots, site, or other divisions requiring new street or utility construction; or. Any division less than five acres for sale of building development.