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Right of Way Easement
My question involves real estate located in the State of: Tennessee
My husband and I are looking at a property to purchase that is burdened by a right of way easment. The property sits on a corner and the right of way access follows the contour of the land which slices 4 un-used acres of this 6+ acre tract into a long but thin section of land. I noticed that the easment grantees took it upon themselves to put up a gate across this easment which would block access to the granting property from the front direction forcing its owners to go up and come across the land instead. I am moving in part to get away from "bad neighbor" issues and don't want to buy straigt into another situation. I don't see how they could legally block access in any direction from the easment granting property. Does anyone have any insight into this (an no I do not know what the easment verbage is, as I mentioned I don't own this property yet)
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Re: Right of Way Easment
the dominant tenant generally does not have a right to install a gate without permission unless it is stated as such in the grant. Second, unless the easement is granted as "exclusive" the dominant tenant cannot restrict the servient tenants use of the easement in any way other than by the specific uses listed.
without reading the easement documents, what rights the dominant tenant has and doesn't have is only a guess.