Tennessee Deed Granting Right of Way

State:
Multi-State
Control #:
US-0240BG
Format:
Word; 
Rich Text
Instant download

Description

This form is a deed granting right of way. In the context of property law, a right of way is the right to travel over someone's land and to have the reasonable use and enjoyment of their property as long as it is not inconsistent with the owner's use and enjoyment of the land. The right of way may be a specific grant of land or an "easement," which is a right to pass across another's land. Some rights of way are for a specific use such as repair of telephone lines.

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FAQ

A dedication is the conveyance of private land, either in fee simple or as an easement, for public use. The landowner can convey the property ing to dedication procedures defined by statute or as a common law dedication through deed or implied conduct.

Easement Dedication means an Open Space, trail or Recpath public access easement acceptable to and granted to the County to ensure (i) protection of the Open Space, trail and Recpath character; and (ii) public access, subject to the provisions of this PUD.

Right-of-way is dedicated through either a statutory or common law process. Statutory dedication occurs through the platting process and results in a fee simple (ownership) interest in the public jurisdiction to which the right-of-way is dedicated.

Dedication of Public Right-of-Way (ROW) or Public (City owned) Utility Easements. Certain development projects may require the dedication of private land for City public rights-of-way or public (City owned) utility easements to fulfill a public need.

The Tennessee Department of Transportation Right-of-Way (TDOT ROW) Division is responsible for acquiring and managing all right-of-way needed for the construction and maintenance of highways in the State of Tennessee.

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.

The easement or right-of-way shall belong to the owners of the lands benefited by the easement or right-of-way, and continue as long as the easement or right-of-way is used and maintained by them, their heirs or assigns, but upon the easement or right-of-way falling into nonuse or when the easement or right-of-way is ...

A dedication of right of way is a donation of land within County jurisdiction from the property owner to Maricopa County (County).

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Tennessee Deed Granting Right of Way