Property owners in Tennessee must learn about easement regulations because these laws govern their land rights. Easements determine the rights that others can use to access streets and public spaces.

The fundamental knowledge of property rights enables you to handle all situations that arise during your property transactions.

What Is an Easement?

An easement is a legal right that permits a person to access another person's property for designated purposes. The easement grants users permission to access land but stops them from taking full ownership of the property.

For example, a utility company may have permission to install power lines on private property. A neighbor needs to access their home through their right to use a driveway.

Ingress and Egress Rights

The two fundamental terms used in easement law define their specific meanings through the following explanations.

• Ingress - refers to the legal permission that allows a person to enter a property.
• Egress—establishes the legal right that permits a person to leave a property.

The two rights described here typically appear in right-of-way agreements, which protect access rights between two connected properties.

Types of Easements in Tennessee

Here are the main types of easements:

1. Express Easement

A written agreement needs to be created through a deed for this easement to exist. The document provides complete information about the easement's location and its intended use and the conditions which govern its usage. The county maintains these easements as public records to safeguard the rights of subsequent property owners.

2. Implied Easement

The court recognizes an implied easement, which exists without written documentation through evidence of previous usage and present needs.

• Easement by necessity—when a property is landlocked and needs access to a public road.
• Prescriptive easement—When someone uses land openly and continuously for many years without permission.

3. General or public easements

It serves the public at large. Three examples of this might be sidewalks, roadways, or utility lines.

#4. Private Easement
Private easements are matters between two particular parties or include matters including shared driveways and access paths.

Responsibilities of Property Owners

The property owner, together with the easement holder, shares the establishment of their duties. The responsibilities of the parties include the following obligations. The parties must maintain all driveway and access road systems.

The easement area must be maintained in a clean condition. The parties must not disturb the established usage rights. Written agreements specify the parties responsible for covering maintenance and repair costs.

Creating and Recording Easements

To establish a legal easement, the property owners must create a written document that details the easement's location and its intended use.

• The document needs to be signed through proper execution methods.
• The document needs to be submitted for official recording at the county register of deeds office.

The recording process provides protection to both existing and upcoming property owners.

How Easements End

Easement laws in Tennessee provide multiple methods for ending an easement. The easement ends when one person becomes the sole owner of both properties, when the easement holder provides a release, or when there is definite proof that the easement will no longer be used.

Time-limited easements end when the agreed duration expires, and government acquisition for public use can also terminate an easement.

The existence of proper documentation and recording is essential for all situations because it prevents future conflicts.

Common Disputes

Disputes under easement laws in Tennessee often occur when access is blocked, boundaries are unclear, or use goes beyond what was agreed. Most problems can be prevented through open communication and detailed agreements and property surveys.

When to Contact an Attorney

People who create or change or challenge an easement should seek advice from a real estate attorney. The lawyer helps you understand your legal rights while protecting you from making expensive errors.

Final Thoughts

Easements are common in Tennessee property transactions. Property owners need to learn about easement functions because this knowledge will help them protect their rights and avoid legal conflicts while making decisions. The easement process enables all parties to achieve benefits through proper documentation and well-defined agreements.

Read more