Tennessee Easement and Right of Way (For Electrical Transmission Lines - Short Form)
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FAQ
(a) The minimum right-of-way width for all public and private roads, except fire or emergency roads, shall be sixty (60) feet.
In counties with a metropolitan form of government, the maximum permissible width for an easement or right-of-way is fifteen feet (15').
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.
Whenever drivers approach a stop at the same time, the vehicle on the right receives right of way. Drivers entering the road from a driveway, alley, parking lot, or side of the road must yield to oncoming traffic. Drivers turning left must yield to oncoming and right-turning traffic.
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 ...
TVA has the perpetual right under most easement documents to clear rights of way and keep them clear of trees, brush, buildings, structures and fire hazards. These rights were acquired to allow for the construction, operation, maintenance and rebuilding of transmission lines.
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 transmission line usually is centered in the right-of-way. The width of a right-of-way depends on the voltage of the line and the height of the structures, but can be 75 to 150 feet or more depending on the type of facilities planned for or located on the right-of-way.