What Tennessee Real Estate Law Says About Easements and Property Rights

Tennessee real estate law encompasses a variety of important aspects regarding property rights, one of which is the concept of easements. Understanding easements in the context of property rights is crucial for homeowners, prospective buyers, and real estate investors in Tennessee.

An easement is a legal right to use someone else's land for a specific purpose. In Tennessee, easements can be classified into several categories, including express easements, implied easements, and prescriptive easements. Each type of easement has its own set of rules and implications for property owners.

Express Easements

Express easements are explicitly granted by a property owner through a written agreement. This type of easement is often found in property transactions and is recorded in public records. For example, a homeowner may grant a neighbor an express easement to cross their property to access a lake. The details of the easement, such as its purpose, location, and duration, should be documented to prevent future disputes.

Implied Easements

Implied easements arise from the circumstances surrounding a property rather than from a written agreement. These are typically established when a property is subdivided, and the use of an easement is necessary for the beneficial enjoyment of the property. For example, if a landlocked parcel is sold, the new owner may have an implied right to access a roadway through a neighboring property. It is essential to understand that implied easements can be more challenging to prove and enforce compared to express easements.

Prescriptive Easements

Prescriptive easements are based on the long-term, continuous use of someone else's property without the owner's permission. In Tennessee, for an easement to be considered prescriptive, the use must be open, notorious, continuous, and adverse for a period of at least 20 years. This means that if a neighbor has been using a pathway on another person's property for this duration, they may have the right to continue using it legally, regardless of the original owner's objections.

Implications for Property Owners

Understanding the nuances of easements is essential for property owners in Tennessee. Easements can affect property values, development possibilities, and the overall enjoyment of a property. If you are a property owner dealing with easements, it's crucial to consult with a qualified real estate attorney to understand your rights and obligations, as well as any potential impact on your property.

Resolving Easement Disputes

Disputes over easements can arise, especially between neighbors. Common issues include encroachments, changes in land use, or disagreements over the easement's scope. In Tennessee, resolving an easement dispute often involves negotiation and, if necessary, legal action. Mediation may be a viable option to reach a settlement that respects the rights of all parties involved.

Conclusion

Understanding Tennessee real estate law regarding easements and property rights is vital for anyone involved in real estate transactions or property ownership. By being informed about the types of easements, how they are created, and their implications, property owners can better navigate their rights and responsibilities. For specific situations involving easements, consulting with a legal professional is advisable to ensure compliance with Tennessee laws and to protect your property rights effectively.