Inherited Land in Tennessee? Clear Easements Before Sale

Why Easements Matter When You Inherit Land

An easement is a legal right that lets someone else use part of your property for a specific purpose – common examples include access roads, driveways, utilities, drainage, and shared wells. Easements that are appurtenant typically run with the land, meaning they bind successors in interest and usually continue after inheritance, affecting marketability and financing. See a general overview of appurtenant easements at Cornell LII. In Tennessee, recorded instruments provide notice under the recording statute, which is why buyers and lenders scrutinize the record before closing. See Tenn. Code Ann. § 66-26-101.

Common Easements on Tennessee Rural and Suburban Property

• Ingress/egress (roadway) easements for landlocked or partially landlocked neighbors
• Utility easements for electric, water, sewer, gas, fiber, or drainage
• Driveway or shared private road agreements
• Conservation, greenway, or scenic easements
• Prescriptive or implied easements that may arise through long-term use or prior use
• Encroachments functioning like easements (for example, fences, driveways, sheds over a line)

How to Identify Easements on Inherited Property

• Review the vesting deed and prior deeds in the chain of title for easement grants, reservations, or exceptions.
• Obtain a current owner's title search or preliminary title commitment. The commitment's exception schedule typically lists recorded easements and restrictions; buyers and lenders rely on this to understand title matters (see ALTA's consumer overview).
• Order a boundary and easement survey. An ALTA/NSPS Land Title Survey can map recorded easements and depict observable evidence of use on the ground (see NSPS ALTA/NSPS standards).
• Check subdivision plats and recorded maps that may dedicate utility or access easements.
• Ask utility providers about service lines and recorded rights-of-way.
• Walk the property for physical indicators such as worn paths, utility pedestals, manholes, culverts, shared driveways, or gates.

Recorded vs. Unrecorded Easements

Most easements are created by a written instrument and recorded in the county register's office. Recording gives notice to later purchasers and lenders. See Tenn. Code Ann. § 66-26-101. However, some rights can arise without a recorded document, such as easements implied by prior use, easements by necessity to reach a landlocked parcel, or prescriptive easements created through qualifying long-term use under Tennessee common law. See, for example, Pevear v. Hunt, 924 S.W.2d 114 (Tenn. Ct. App. 1996) (discussing prescriptive easements). Unrecorded rights may still affect marketability, especially where a buyer or lender has actual or constructive notice from visible use, surveys, or documents.

Clearing or Resolving Easement Issues Before Listing

• Confirm scope and location: Obtain a survey that depicts the easement's width, centerline, and permitted uses.
• Correct ambiguities: If the easement language is vague, consider a clarifying amendment signed by all affected parties.
• Relocate by agreement: Many easements can be relocated by mutual consent if the change does not materially impair the benefited party's use.
• Extinguish unused or outdated easements: Where appropriate, seek a written release or termination from the easement holder.
• Address encroachments: Use encroachment agreements or boundary line adjustments to resolve improvements over lines.
• Document maintenance: Shared driveways or private roads benefit from written maintenance agreements that buyers and lenders can rely on.
• Coordinate utilities: Work with utilities on as-built confirmations or adjustments if lines lie outside recorded corridors.
• Title insurance: Ask the title company about available endorsements that may insure access or address identified easements after curative steps.

Practical Tips to Preserve Value

Special Considerations for Landlocked or Private Road Parcels

If access to the inherited tract is across neighboring land or a private road, confirm that a legally enforceable access right exists and runs with the land, and clarify who pays for maintenance. If no recorded access exists, you may need to negotiate a new easement or pursue available legal remedies. Tennessee also provides a statutory process in certain cases to obtain a private way for landlocked property. See Tenn. Code Ann. § 54-14-101 et seq. Buyers and lenders typically require dependable, insurable access before closing.

Working with Tennessee Professionals

• Real estate attorney: Interprets easement language, drafts amendments or releases, and helps resolve disputes.
• Licensed surveyor: Maps easement locations, widths, and any encroachments; provides a survey acceptable to title insurers (for example, an ALTA/NSPS survey where appropriate).
• Title company: Issues a title commitment listing recorded easements and advises on curative steps and available endorsements.
• Real estate broker: Helps position the property and disclose easements to buyers effectively.

Disclosures and Contract Strategies

• Provide buyers with the title commitment, survey, and any easement documents.
• Use clear contract language identifying known easements and any agreed curative actions before closing.
• Build realistic timelines for surveys, title review, and obtaining third-party signatures for amendments or releases.
• Consider price adjustments or seller credits if an easement materially limits development or access.
• Keep communication open with neighbors and utilities to avoid delays.

When to Seek Court Involvement

If negotiations stall or claims involve disputed prescriptive rights, interference with use, or access to a landlocked parcel, court relief may be necessary. The appropriate strategy depends on the facts, the language of any instruments, and the property's history of use.

Next Steps if You're Preparing to Sell

FAQ

Do easements reduce property value?

They can. The impact depends on location, scope, and whether the easement restricts building sites or access. A survey and market analysis help quantify the effect.

Can I move a utility or driveway easement?

Often only by agreement with the easement holder and any affected owners. The new location should provide equivalent utility and access and be documented and recorded.

What if a neighbor claims a prescriptive easement?

Do not self-help. Gather facts, survey the area, and consult a Tennessee real estate attorney to assess evidence and potential resolutions.

Will title insurance remove an easement?

Title insurance usually lists easements as exceptions. After curative actions, some endorsements may provide limited coverage, subject to underwriting.

How do I check for unrecorded rights?

Walk the property, interview neighbors, review aerials, and have your surveyor note visible use; discuss findings with your attorney and title company.

Who maintains a shared driveway?

Look for a recorded agreement. If none exists, consider entering a written maintenance agreement to clarify cost-sharing and responsibilities.

Do I need court approval for access to a landlocked parcel?

Possibly. Tennessee law provides a process to obtain a private way in certain cases. Consult counsel to evaluate facts and procedure.

How quickly can easement issues be resolved?

Simple releases may complete in weeks; relocations or disputed claims can take months. Start early to avoid delaying closing.

What documents should I give buyers?

Deeds, surveys, plats, title commitments, easement grants or releases, road maintenance agreements, and any utility confirmations.

When should I call an attorney?

As soon as you identify a potential easement issue or before listing if access is unclear.

Ready to get started?

Contact our Tennessee real estate team to review your title report, survey, and easement options before you list.

Disclaimer (Tennessee): This post provides general information about Tennessee law as of the date above and is not legal advice. Reading it does not create an attorney-client relationship. You should consult a Tennessee-licensed attorney about your specific facts.