Tennessee Release of Right of Way / Easement to Surface Owner
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How to fill out 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.
