Tennessee Consent To Encroachment - Into Easement

State:
Multi-State
Control #:
US-EAS-1
Format:
Word; 
Rich Text
Instant download

Description

This is a sample form for use in transactions involving easements, a Consent To Encroachment (Into Easement). Used when there exists an encroachment by house (or other) into said Easement, as illustrated by a survey. Easement Owner, admits to being aware of said Encroachment and consents thereto and represents that Easement Owner, will not require the removal of the house (or other type encroachment) and will not require the attached improvements to be removed.
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FAQ

An encroachment permit is necessary if you will be using any part of the road right of way (from property line to property line) for storing materials, detouring traffic or parking equipment in the street over night. Encroachment permits are issued for temporary and long term placements.

Here are some encroachment examples to watch out for: Your neighbor builds a fence, and it extends onto your land. A structural addition to your neighbor's home extends beyond the legal property boundaries. An overgrown garden or hedge crosses onto your land.

Why is it important for a buyer to know if any easements or encroachments exist on a property? Both easements and encroachments affect the property's lot size, enjoyment, and use, which can affect a property's value.

Both involve a property owner making extensions over their neighbor's property. While encroachments are the unauthorized use of the neighbor's property, easements are agreed upon by both parties. In many cases, the party responsible for the easement compensates the other neighbor.

These encroachments cause impacts to the functions and values of those natural areas, such as a decline in water quality, loss of habitat (both aquatic and terrestrial), disruption of equilibrium (or naturally stable) conditions, loss of flood attenuation, or reduction of ecological processes.

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Tennessee Consent To Encroachment - Into Easement