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  1. #1

    Default Moving An Easement In Tennessee

    Tennessee. A neighbor has an ingress/egress easement across our property. It is shown on the plat. It is used exclusively by his agricultural tenant. We would like to move the easement for our convenience. We do not believe it would inconvenience the tenant, but have not spoken to him regarding the issue. The ends of the easement would remain in the same place. The route across the property would be realigned. The length may increase slightly, but it would not be as steep. We would pay for the grading of the new route. The tenant currently maintains the existing easement. We woudl expect him to continue on the new route. There is no existing written maintenace agreement.

    How should we proceed? We have only spoken to the owner by phone once. He does not live in the immediate area. We are on good terms with the tenant.

    Thank you.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Moving An Easement

    well, I would talk to both of them since the owner is the one that would have to actually agree to the change but if the tenant does not want it to change, he may be able to convince the owner that it is not in his best interest.

    Your call as to whom to contact first. I can see benefits and problems regardless of whom you talk to first.

  3. #3
    Join Date
    Feb 2008
    Posts
    578

    Default Re: Moving An Easement

    Sounds like you are on the right track. If you can negotiate a new easement agreement and have the existing one released(usually by quitclaim - remise, release and forever quitclaim...), both parties will be happy. I would contact the new owner first by phone or informal mail to let him know what's coming, and then by mail with detailed plans of the proposal, including who will be responsible for initial costs and future maintenance, etc.

  4. #4

    Default Re: Moving An Easement

    This is not something to do on your own since it is an easement of record. Pay an attorney and possibly a surveyor.

  5. #5
    Join Date
    Feb 2008
    Posts
    578

    Default Re: Moving An Easement

    Quote Quoting lwpat
    View Post
    This is not something to do on your own since it is an easement of record. Pay an attorney and possibly a surveyor.
    I agree, the mechanics need to be done by a pro. I think the initial contact though might be better handled in an informal, friendly, neighbor to neighbor way, as getting letters out of the blue from attorneys often puts people off and "on guard".

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