According to a 2025 update published by Federal Reserve Economic Data (FRED), the homeownership rate for Tennessee is just under 70%. This means that for most Tennessee families, property rights represent a relevant concern. Under the doctrine of “prescriptive easement,” these property rights could erode over time. Those who feel their property rights are under threat may want to learn more about the concept of prescriptive easements, and they may do so with guidance from an experienced property rights lawyer in Tennessee. King Law Offices has 350 years of combined experience, and Corporate America Today gave the firm the “Best Attorney of the Year” award in 2023. Expand on this subject by contacting King Law Offices at (888) 748-5464. We serve clients in Washington County, Tennessee.
Can Long Term Use of Private Property Lead to a Prescriptive Easement?
Under the doctrine of prescriptive easement, people in Tennessee may gain the legal right to use land in a certain way. In order to gain this type of property right, there must be long term use. A person can benefit from a prescriptive easement, but they may need to establish their property rights in court. In contrast, a property owner might want to prevent someone from gaining a prescriptive easement to protect their rights.
Summary of Prescriptive Easements and Long Term Use
Tennessee prescriptive easement law allows long-term, adverse use of land to evolve into a legally recognized right of use, potentially affecting property ownership interests. Prescriptive easements involve non-owners gaining limited rights to use land through open, continuous, and adverse use over an extended period, generally around 20 years in Tennessee. Common examples include repeated use of private paths, access routes to public resources, or the placement of utilities or vehicles on land without permission.
Tennessee courts require specific elements, including distinct dominant and servient properties, utility to the dominant land, and uninterrupted use that is known to the property owner.
King Law Offices provides legal services related to property rights and prescriptive easements for individuals and property owners throughout Tennessee, including Washington County and the Johnson City area.
What Is a Prescriptive Easement?
To understand the concept of a prescriptive easement, it makes sense to first develop an understanding of an “easement” in general. When someone has an easement, they have the right to use land that does not belong to them. This is called a “right of use,” and it is not the same thing as ownership. The owner of the property retains the “title” of the property, even if another person can legally use their land in certain situations.
A prescriptive easement is a specific type of easement that a person may gain if they use land that does not belong to them over a certain amount of time. Unlike other types of easements, a prescriptive easement may not be documented by court records. A person may gain these property rights through long-term use over an extended period of time. The Tennessee Administrative Office of the Courts suggests that this period of time may be a minimum of 20 years.
Examples of Prescriptive Easements in Tennessee
The classic example of a prescriptive easement involves a pathway or road through private land. If someone other than the owner continually uses this road or path, this person may gain the legal right to cross the land in the future. Perhaps the user of the path owns an adjacent parcel of land and needs to navigate the path to reach a public lake. Perhaps the property owner has a large lawn through which people cross in order to reach a bus stop. If people use the land in this manner, they might gain a prescriptive easement in Tennessee.
Aside from the general public, private companies may also gain prescriptive easements. Perhaps a private company regularly parks its vehicles on land that does not belong to it. Maybe a utility company has run power lines or plumbing pipes across private land without permission. Over time, this may also affect the property rights of the landowner.
How to Get a Prescriptive Easement in Tennessee
Tennessee only grants prescriptive easements under certain circumstances. Specifically, there are four requirements involved. First, there must be a “dominant” tenement and a “servient” tenement. The dominant tenement is the person who benefits from the easement. On the other hand, the servient tenement is the landowner who is affected by the easement. Secondly, the easement should exist to “accommodate” the dominant tenement in some way.
Third, the dominant tenement and the servient tenement cannot own or occupy the same property. Finally, the easement must be able to form the subject matter of a grant. In other words, the easement must have real “utility” for the dominant tenement, and it cannot simply allow people to use land that does not belong to them for amusement or novelty. To learn more about the requirements for prescriptive easements in Tennessee, consider contacting King Law Offices.
What Is the Definition of Long Term Use for Prescriptive Easements in Tennessee?
As previously noted, “long term use” in Tennessee generally means a period of about 20 years. However, there may also be other requirements associated with long-term use. First, the use may need to be “open” and well-known (notorious) to the landowner. Secondly, the long-term use must be “uninterrupted.” In other words, a person might struggle to gain a prescriptive easement if they use the land intermittently. For example, they might only use a path for a few weeks each summer.
The use may also need to be “hostile” and “adverse,” which means that the land use must be against the will of the landowner. A clear understanding of the exact legal definition of “long term use” may be necessary for both people trying to gain prescriptive easements and for landowners seeking to protect their property rights.
Learn More About Property Rights With King Law Offices
Although Tennessee has various laws regarding property rights and prescriptive easements, it is important to remember that each situation is slightly different. There are many examples of prescriptive easements, and it makes sense to discuss each set of unique circumstances with a property rights lawyer in Tennessee. During a conversation with one of these attorneys, it may be possible to identify potential threats to property rights, including long term use. Next, a lawyer may be able to help property owners fight for their rights with greater confidence and efficiency. Expand upon this complex topic by contacting King Law Offices at (888) 748-5464. We serve property owners in Johnson City, Tennessee.
Essential Frequently Asked Questions About Prescriptive Easements
Read below to find many of the most commonly asked questions regarding prescriptive easements and property rights.
What Is a Prescriptive Easement Under Tennessee Law?
A prescriptive easement is a legal right to use another person’s land that may develop after long-term use without permission. This right does not transfer ownership but allows limited use for a specific purpose.
How Long Does Long-Term Use Need to Last in Tennessee?
Tennessee generally requires approximately 20 years of continuous use to establish a prescriptive easement. The use must also meet other legal conditions beyond the passage of time.
What Does “Open and Notorious” Use Mean?
Open and notorious use means the land use is visible and apparent, rather than hidden. The property owner must have a reasonable opportunity to become aware of the use.
Does Intermittent or Occasional Use Qualify for a Prescriptive Easement?
Intermittent or seasonal use may not meet the legal standard for uninterrupted use. Courts often look for consistent and regular use over the required time period.
Can Property Owners Prevent a Prescriptive Easement From Forming?
Property owners may take steps to interrupt or formally object to unauthorized use. Actions such as granting written permission or blocking access could affect whether a prescriptive easement develops.
How Can King Law Offices Assist With Prescriptive Easement Issues in Tennessee?
Attorneys at King Law Offices could help clarify how Tennessee prescriptive easement laws apply to specific property situations. The team works to ensure clients understand their rights and potential legal paths related to long-term land use and property disputes.
