Tullahoma, TN asked in Land Use & Zoning for Tennessee

Q: Someone bought property next to my driveway. They included my private driveway as as easement on their deed.

Their was a Warrant deed in place to my father in law and it is now our Tract 2 on our deed. The county’s tax accessor graph picture was wrong and he used that picture to have a deed made and for the 1st time called it an easement. The property he bought did belong to an uncle that passed away. Driveway was deeded 1996. They used a survey from 1979. Referenced my deed number and then described it as an easement for the 1st time.

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1 Lawyer Answer
Bennett James Wills
Bennett James Wills
  • Real Estate Law Lawyer
  • Brentwood, TN
  • Licensed in Tennessee

A: The best way to determine where boundary lines are is to use a proper survey - not a tax map online. If his deed shows encroachment, even if an easement, then you run the risk of a future adverse possession claim. Consult an attorney to review the deeds to determine your options. You may need to file an action to quiet title to make sure he doesn't take your land. If you fail to enforce your land rights, you may lose some land.

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