The Tennessee Easement and Agreement for Highway Purposes is a legal document that grants a specific right-of-way for the construction, maintenance, and use of a highway or roadway in Tennessee. This agreement defines the terms and conditions under which the easement is granted and establishes the rights and responsibilities of both the granting party (usually a landowner) and the entity seeking the easement (typically a government agency or transportation authority). Tennessee recognizes different types of easements and agreements for highway purposes, depending on the specific circumstances and needs of both parties involved. Here are some of the commonly encountered types: 1. Temporary Construction Easement: This type of easement grants the right to temporarily occupy and use a designated area of land for the construction of a highway or roadway. It typically includes provisions for the removal of structures, trees, or other obstacles that may hinder the construction process. The easement is typically valid until the construction is completed, at which point it is extinguished. 2. Permanent Easement for Right-of-Way: In this type of easement, a permanent strip of land is dedicated to public use as a highway or roadway. The landowner retains ownership of the property but grants the public entity the right to use and maintain the designated area for transportation purposes indefinitely. 3. Limited Access Easement: This type of easement restricts access to a highway, typically in cases where a property owner adjacent to the road wants to limit direct access to their property from the highway. This easement may include provisions for constructing access roads or driveways to ensure safe and controlled entry and exit. 4. Easement for Road Widening: When a highway or roadway needs to be widened, this type of easement grants the right to enter private property and expand the existing road. The landowner is usually compensated for any loss of property, structures, or trees, and the easement ensures that the expanded road can accommodate increased traffic flow safely. 5. Utility Easements: These easements grant the right to place and maintain utility lines, such as water pipes, electrical cables, or telecommunications infrastructure, within or adjacent to a highway right-of-way. This allows essential services to reach properties on either side of the road efficiently. Tennessee's Easement and Agreement for Highway Purposes play a crucial role in facilitating the development and maintenance of a well-connected transportation system. These legal agreements ensure that the construction and use of highways are carried out in a mutually beneficial manner, balancing the needs of the public with the rights of the affected property owners.
Prescriptive Easement Tennessee
Description tennessee county road right of way distance
How to fill out Tennessee Easement And Agreement For Highway Purposes?
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FAQ
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').
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.
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.
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.