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.
- 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.
- 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:
- Separation of title;
- 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
- 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.