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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.