Easement in Tennessee

State-specific overview · Property & Real Estate

Quick summary

Tennessee requires easements to be in writing and recorded to bind future owners, with strict rules on easement scope and duration.

How Tennessee treats Easement

Tennessee law mandates that easements be evidenced by a written instrument to be enforceable and should be recorded in the county register's office to bind successors. The state interprets easement language narrowly, limiting the easement holder's use to what the document explicitly permits. Tennessee recognizes easements by necessity when land is completely cut off from public access, and also allows prescriptive easements through open, notorious, and continuous use for seven years.

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The general definition of Easement

The right to use someone else's land for a specific purpose, like crossing it or running utilities.

An easement gives one person or entity the legal right to use another person's property in a limited way. For example, a utility company might have an easement to run electric lines under your yard, or a neighbor might have an easement to cross your land to reach their property. The property owner still owns the land but cannot prevent the easement holder from exercising their right.

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This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Tennessee.