Tennessee Agreement for Voluntary Right of Way Donation

State:
Multi-State
Control #:
US-EAS-9
Format:
Word; 
Rich Text
Instant download

Description

This is a sample form for use in transactions involving easements, an Agreement for Voluntary Right of Way Donation. Easements for the construction, operation and maintenance of a highway granted in accordance with the Uniform Relocation Assistance and Real Property Acquisition Act of 1970.

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.
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FAQ

(a) The minimum right-of-way width for all public and private roads, except fire or emergency roads, shall be sixty (60) feet.

The short answer is ? the owner of the easement is responsible for maintaining the easement.

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.

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.

A prescriptive easement allows someone other than the property owner to gain the rights to use a property. Prescriptive easements often arise on rural land when landowners fail to realize part of their land is being used, perhaps by a neighbor.

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').

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Tennessee Agreement for Voluntary Right of Way Donation