Tennessee Drainage Easement
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How to fill out Drainage Easement?
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FAQ
Drainage law in Tennessee is governed by the natural flow rule. The natural flow rule says water has a natural easement along its natural paths, and the upper and lower landowners must accept water that naturally flows, or that would have naturally flowed, onto the property in question.
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').
The short answer is ? the owner of the easement is responsible for maintaining the easement.
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.
Storm water drainage in Tennessee is governed by the natural flow rule. Under the natural flow rule, the lower property owner is required to accept the water that would naturally flow from the upper landowner; he is not liable for any damages that arises from that natural flow.
For example, building a fence along a drainage easement may catch debris or prevent the flow of water, and will likely be prohibited. Other easements may prevent the owner from building an addition onto their home, planting gardens or trees, or adding a pool or hot tub.
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.
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.