A permanent utility easement and right of way with the right to erect, construct, install, lay and thereafter use, operate, inspect, repair, maintain, replace, and rework water lines, water pipe lines, water facilities, manholes, pump stations or other appurtenances thereunto required, over, across and/or under a certain parcel of real property.
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.
Tennessee General Easement for Utilities
State:
Multi-State
Control #:
US-EAS-34
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Word;
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FAQ
Easements also come in two types: appurtenant and in gross. Easements are typically granted in cases of access to adjoining properties, road access, or public works and right of way projects.
Permanent drainage easements are acquired for the construction and maintenance of drainage facilities.
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 ...
Gates or fencing that restricts access to the subservient land may not be erected. In counties with a metropolitan form of government, the maximum permissible width for an easement or right-of-way is fifteen feet (15').
Permanent drainage easements are acquired for the construction and maintenance of drainage facilities. The permanent drainage easement area remains the property of the Grantor(s) and may be used for any purpose desired, provided such use does not interfere with the use or maintenance of said facility.
Storm water drainage in Tennessee is governed by the natural flow rule. Under the natural flow rule, the lower property owner is required to accept the water that would naturally flow from the upper landowner; he is not liable for any damages that arises from that natural flow.
The short answer is ? the owner of the easement is responsible for maintaining the easement.
