Tennessee Amendment to Easement and Right-of-Way

State:
Multi-State
Control #:
US-OG-072
Format:
Word; 
Rich Text
Instant download

Description

This form may be used to amend an existing easement or right of way, providing options as to the manner in which the easement is to be amended.
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FAQ

This easement of way is a private property right that exists in addition to the right to use the street in common with the general public. This easement extends along any street or alley upon which the owner's property abuts, in either direction, to the next intersecting street.

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').

Real Property - As enacted, restricts the width of a private easement or right-of-way to 25 feet; authorizes the court to award attorney fees to the defending landowner in an action for an easement or right-of-way brought by a private person owning land obstructed entirely from a public road by the intervening land of ...

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

In fact, the owner of an easement has the right and obligation to maintain the easement. Moreover, they have a duty to keep in the easement in a safe condition to prevent injury to third persons using the easement.

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Tennessee Amendment to Easement and Right-of-Way