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An easement is an interest in real property that grants the easement holder a legally enforceable right to use another's property for a specific purpose. This type of interest in land can be created in various ways in Tennessee: by an express grant, by reservation, or by implication. An express easement is a grant of an interest in land and must comply with the Tennessee Code Annotated Statute of Frauds, which states that no charge may be brought against a contract for the sale of lands, tenements, or hereditaments unless the promise or agreement upon which such action shall be brought is in writing and signed by the party to be charged therewith (29-2-101). An express easement by grant is created by a deed in writing that contains plain and direct language evidencing the grantor's intent to create an easement. The scope and duration of the easement is set forth in express terms in the granting document. When the owner of a dominant tenement transfers title in Tennessee, he transfers to the grantee all rights in and to the property, including all appurtenant and necessary easements attached to the property.
A solar energy easement can be created according to the provisions outlined in 66-9-204 of the Tennessee Code Annotated. This type of easement is presumed to run with the benefitted and burdened land and is deemed to pass with the property when the title is transferred, unless the parties to the easement provide otherwise in writing (66-9-205).
A county recorder in Tennessee can refuse to record an easement deed unless it has been authenticated. A deed is considered authenticated when it has been signed and acknowledged by the grantor or proved by two subscribing witnesses (66-22-101). Acknowledgements made within the state can be made before the county clerk, a legally appointed deputy county clerk, a clerk and master of a chancery court of a county in the state, or before a notary public within the state (66-22-102). An easement deed acknowledged out of state will be valid in Tennessee if it has been executed and acknowledged according to the laws of such state. Out-of-state acknowledgments can be taken before any of the officers listed in 66-22-103. A certificate of acknowledgment should be attached to or endorsed on a deed executed in Tennessee or in another state (66-22-107).
The act of recording an easement deed will provide notice to the general public of the existence of the deed from the time it is recorded, and the deed will take effect from the time it is recorded (66-26-102). An easement deed that has not been recorded as required will not be effective as to other persons not having notice of the deed. Unrecorded easements will be effective between the parties to the deed and their heirs and representatives (66-26-101). The priority of instruments is determined as follows: A deed that is registered first or noted for registration first will have priority over a deed of an earlier date but is noted for registration afterwards, unless it is proved in a court of equity, according to the rules of the court, that the party claiming under the subsequent instrument had full notice of the previous instrument (66-26-105). Easement deeds and other real property instruments in Tennessee are required to be recorded in the register of deeds office in the county where the property is located. If property is located partly in two or more counties, the deed may be recorded in either county; and if there are several tracts of land lying in different counties, the deed should be recorded in each of the counties where any of the tracts lie (66-24-103).
Get your Rutherford County Easement Deed form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties.
We guarantee that you will receive access to the forms that you order and that those forms will be compliant with the recording requirements for the jurisdiction the forms were purchased for and the statutory requirements for content of the document.
Very good quit claim forms instructions were super easy to follow.
The instructions were some what confusing.
Really could not be better form was perfect and the sampleinstructions made the whole process a breeze!
Wow this was exactly what we needed saved costly lawyer fees and appointments and waiting time
This was perfect for Clark County I will be recommending your quit claim forms to all my clients thank you.
Copied to PaperPort to annotate and worked out fantastically. Roger
Very nice would recommend to anyone.
Pro It fits the format for NC forms Con Lacked instructions
good enough for what i needed
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Very simple. So easy to do.
Thanks -- great info to assist in filing form. Sure beats hiring an attorney for 10 minutes of work.
had everything I needed thank you.
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So fast and easy!
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The QUit Claim form was easy to understand and complete. The Affidavit for Excise Tax was not. It should have had better explanations on completing it rather than just the rules
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Easy to use and very simple. Thanks.
The form was useful. I (as well as others who have posted) would have liked to had an example or instructions of how to complete the form but thats what the internet is for right?-- Anyway the form was very useful and saved me several dollars. **For anyone that needs to know what the legal description is for their property you can find it on the Forsyth County (NC) register of deeds site after you type in your name or the name of the homeowner to find the deed. Hope that helps --
Worked fine for me
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The instructions were invaluable. The sample deed was also helpful. I guess the final judgement will come when I take it to be filed at the county office. Im a fan of your service.
The informational instructions & example was excellent - clear & concise.
Price: $19.97 (Immediate Download)
Notice: You are ordering blank forms, NOT a copy of your existing deed.