Cumming, GA asked in Real Estate Law for Tennessee

Q: Can you be granted a 2nd easement through another property because your current one is overgrown?

If you are a landowner petitioning the county for an easement through someone else's land, but you already have an easement through a separate piece of land and it is recorded in the deeds, can you be granted another easement though the other person's property just because your already granted easement has become overgrown due to non-use?

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Anthony M. Avery
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  • Knoxville, TN
  • Licensed in Tennessee

A: No... A recorded easement needs to be in the servient tenement's chain of title, not in the title of the dominant parcel. You do not "petition the county". You must file suit, usually in Chancery. More than likely landowner wanting to use the ROW will need to go to Court to get easement maintenance.

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