Cookeville, TN asked in Land Use & Zoning for Tennessee

Q: I inherited a house and land that was my fathers which was connected to his mothers property. She has since passed. one.

The problem. There is a road that runs on the property between what was her land and now ours. The family member who bought the mother’s lands says it belongs to him. My father used that road for over 20 years with no problem. He even used it after the relative bought her land which has been several years. Now that relative is saying we can’t use it. It is the only way to get to our inherited home and property. What is the law on that plz. Thank you

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1 Lawyer Answer
Anthony M. Avery
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Answered

A: You probably have an Easement by Prescription or Implication. Hire an attorney to search both titles for Easements over the servient tenement. But you may have to file suit in Chancery to Declare and Enforce the Easement.

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