Tennessee Release of Right of Way/Easement to Surface Owner: A Tennessee Release of Right of Way/Easement to Surface Owner is a legal document that relinquishes certain rights and easements to the surface owner of a property. This release serves as an official agreement between the party granting the right of way or easement (known as the granter) and the surface owner (known as the grantee). In the state of Tennessee, there are various types of Release of Right of Way/Easement to Surface Owner, each serving specific purposes. Some of these types include: 1. Temporary Easement Release: This type of release is applicable when a temporary right of way or easement has been granted to the granter for a specific project or time period. Once the project is completed or the agreed-upon timeframe expires, the granter releases the temporary right of way or easement back to the surface owner. 2. Permanent Easement Release: A permanent easement release is employed when the granter holds a permanent right of way or easement on the property. This release permanently terminates the granter's rights to the designated area, ensuring that the surface owner regains full control and use of the property. 3. Partial Easement Release: In some cases, a partial easement release may be necessary. This occurs when the granter has an easement over only a portion of the property. Through this release, the granter relinquishes their rights to the specified area while retaining their rights to the remaining portion. 4. Abandonment of Easement: An abandonment of easement release occurs when the granter voluntarily gives up their rights to the easement without any consideration from the grantee. Once executed, this release removes any legal obligations or responsibilities of the granter towards the easement. The primary purpose of a Release of Right of Way/Easement to Surface Owner is to ensure the surface owner's property rights are preserved and protected. This document serves as proof that the grantee has regained full control and can exercise their rights without any hindrance or encumbrance. Given the importance of legal accuracy and adherence to Tennessee state laws, it is recommended to consult with an attorney experienced in real estate matters to draft or review the Release of Right of Way/Easement to Surface Owner.
Tennessee Release of Right of Way / Easement to Surface Owner
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How to fill out Tennessee Release Of Right Of Way / Easement To Surface Owner?
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FAQ
An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land.
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.
In counties with a metropolitan form of government, the maximum permissible width for an easement or right-of-way is fifteen feet (15').
Property law is notoriously complex, and some of the most complex legal issues in real estate involve easements. Tennessee law defines an easement as a property interest that gives someone a right to use property owned by someone else for a specific purpose.
The short answer is ? the owner of the easement is responsible for maintaining the easement.
