Tennessee Option for Regeneration Station Easement

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Multi-State
Control #:
US-OG-1072
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This form is an option for a regeneration station easement.
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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.

Dominant estate (also called dominant tenement) refers to the property that uses an easement over another property. For example, if lot A had an easement over lot B to access the highway, lot A would be the dominant estate.

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.

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 ...

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.

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.

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').

Public easements were primarily created to benefit the public. Usually, in this case, the easement holder is a utility company or local government. Designated use for the land could be sidewalks, roadways, parks, or waterlines.

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Tennessee Option for Regeneration Station Easement