Nashville, TN asked in Real Estate Law and Land Use & Zoning for Tennessee

Q: I have an easement and I am landlocked (washed out access) and can't find the owner. He moved out of state what can I do

I live in Tennessee

1 Lawyer Answer

Anthony M. Avery

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Answered
  • Real Estate Law Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: Apparently you have the Dominant Estate and enjoy an Easement over the Servient Estate. Try to find who the responsible taxpayer is from the Tax Assessor and his address. You probably can rebuild the right of way, but do no expand it beyond what you already had or what an appurtenant Easement clause says in his Deed. The Servient Esatate usually does not have a duty to restore a destroyed right of way, but it is better to get an agreement about how to restore the path of ingress/egress.

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