Asked in Land Use & Zoning for Tennessee

Q: Who owns the property that is located between the road & the sidewalk? (Kingsport, Sullivan Co., TN)

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Anthony M. Avery
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Answered
  • Real Estate Law Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: Usually that area is part of the Highway Right of Way, even though it may not be paved or traveled upon regularly. Sometimes TN DOT maps will disclose this. At the very least the public has the area dedicated to them and/or the public has a prescriptive use easement over it. If it is a large, wide area, someone may be paying tax on it. Perform a detailed title search of several tracts in that area and you will probably find several grants of easements to the State. You can even measure from the center of the road yourself to find the limits of the ROW.

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