Tennessee Easement for Streets and Roads

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Multi-State
Control #:
US-EAS-6
Format:
Word; 
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Description

This is a sample form for use in transactions involving easements, an Easement for Street and Roads. Allows a perpetual, non-exclusive right of way and easement to construct temporary and permanent streets or roads.

An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.
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FAQ

The Tennessee Department of Transportation Right-of-Way (TDOT ROW) Division is responsible for acquiring and managing all right-of-way needed for the construction and maintenance of highways in the State of Tennessee.

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').

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.

The short answer is ? the owner of the easement is responsible for maintaining the easement.

(a) The minimum right-of-way width for all public and private roads, except fire or emergency roads, shall be sixty (60) feet.

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 ...

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Tennessee Easement for Streets and Roads