Tennessee Easement for Flood Control
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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.
The short answer is ? the owner of the easement is responsible for maintaining the easement.
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.
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.
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').
