Tennessee Easement Law

An easement is a non-possessory interest in the land of another and gives its holder the right to use that land for a specific purpose. Once an easement has been granted, neither party may change its scope or character without the express consent of the other party.

Easements in TN

Easements are generally divided into two categories based upon whether they benefit a specific parcel of land or a specific individual.

1. Easements Appurtenant – An easement appurtenant benefits an adjoining parcel of land and is characterized by the existence of a dominant tenement and a servient tenement. The land which benefits from the easement is known as the dominant tenement and the property which is burdened by the easement is referred to as the servient tenement. Easements appurtenant run with the land. This means that they continue to exist even if the dominant tenement is sold, assigned, or inherited.
2. Easements In Gross – An easement in gross benefits a particular individual and is considered a personal right. Because easements in gross are personal to the grantee, they cannot be sold, assigned, or inherited.

How Easements Created in Tennessee

Under Tennessee law, easements may be created in several ways:

• Express Easements – An express easement is created by written agreement between the grantor and the grantee. An express easement generally identifies the location, size, and permitted use of the easement.

• Implied Easements – An implied easement is inferred from the actions of the parties and the facts and circumstances surrounding the transaction. To establish an easement by implication, a claimant must show:

1. Separation of title;
2. That the necessity for the easement was present at the time of severance and the the use of the easement was so long established, manifest, and obvious as to show that it was meant to be permanent; and
3. That the easement is necessary for the beneficial enjoyment of the granted or retained land.
   

• Easements by Reservation – An easement by reservation arises when a grantor retains a right of use over the land he has conveyed to another.

• Easements By Prescription – A prescriptive easement arises when a person, acting under an adverse claim of right, makes continuous, uninterrupted, open, visible, and exclusive use of the land over which he claims the easement for a period of twenty years or more with the true owner's knowledge and acquiescence.

• Easements By Estoppel – To prove an easement by estoppel, the claimant must show that the owner of the servient estate made some misrepresentation, the claimant believed the misrepresentation, and that he relied on it to his detriment.

Property Boundary Easement Disputes

Easement disputes frequently arise because of poorly written easement agreements which do not clearly set forth the rights and obligations of the parties. Easement disputes may also involve allegations of misuse or interference. Other easement disputes may involve:

• Abandonment;
• Trespass; and
• Termination.

Help from a Real Estate Attorney in Tennessee

Resolving easement disputes can be very complex. Therefore, anyone involved in an easement dispute should hire an experienced real estate attorney. A real estate attorney will review the deeds, title search, surveys and other relevant documents and will recommend an appropriate legal strategy.