Lenoir City, TN asked in Estate Planning and Real Estate Law for Tennessee

Q: If a farm has been inherited by a group of family members and a right of way has been agreed upon,are they required to

allowed any member access to their piece of property regardless of where it falls or whose land it crosses?

1 Lawyer Answer
Anthony M. Avery
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Answered

A: It sounds like your family divided up the farm into separate tracts by a survey, which should have included easements from a road to the various tracts. If not, hopefully each deed has some sort of right of way term in each legal description. Otherwise an easement by implication, necessity or prescription may provide access for ingress and egress. You say an agreed right of way was reached but do not describe it. Apparently your family failed to define any of the easements, which will lead to problems with some landowners attempting to stop movement over their individual tracts, especially when some of the family members sell or die. A Joint Permanent Use Easement as defined by a survey and executed by all landowners for recording is needed immediately.

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