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  1. #1
    br0nwyn is offline Junior Member
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    What is a right of way warranty deed

    What is the name of your state?[tennessee. My neighbors (jones)have a driveway running through their yard that is an easement to the property behind them. Their (jones) plat states that they own this easement. The property owners behind them (smiths) have a right of way warranty deed. On this deed it states that this easement is for right of way only. Who actually owns the easement? What is a right of way warranty deed?
  2. #2
    seniorjudge Guest
    Q: Who actually owns the easement?
    A: Both have an ownership interest. The land over which the easement physically runs is called the servient estate and the land which the easement serves is called the dominant estate.

    Q: What is a right of way warranty deed?
    A: It is a deed conveying from someone (grantors) to someone else (grantees) the right to use an easement controlled by the grantors.
  3. #3
    br0nwyn is offline Junior Member
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    can the dominant estate run a fence down the prop.

    can the dominant estate (smiths) put up a fence along the easement line.
  4. #4
    seniorjudge Guest
    Q: can the dominant estate (smiths) put up a fence along the easement line.

    A: Certainly. You can put up a fence anywhere you want on your property (as long as it doesn't violate zoning laws or something like that) and as long as it doesn't interefere with the use of the land.

    Your question, however, is not clear. If you are saying can Smith put a fence on Jones' land, then the answer is no.
  5. #5
    br0nwyn is offline Junior Member
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    can the grantees put a fence up?

    Quote Originally Posted by seniorjudge
    Q: Who actually owns the easement?
    A: Both have an ownership interest. The land over which the easement physically runs is called the servient estate and the land which the easement serves is called the dominant estate.

    Q: What is a right of way warranty deed?
    A: It is a deed conveying from someone (grantors) to someone else (grantees) the right to use an easement controlled by the grantors.

    can the grantees put a fence up without the permission of the grantors?
  6. #6
    seniorjudge Guest
    Q: can the grantees put a fence up without the permission of the grantors?

    A: The grantees can put a fence on their land and the grantors can put a fence on their land. As long as the fence does not interfere with the easement, no one has done anything wrong.
  7. #7
    br0nwyn is offline Junior Member
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    I really appreciate the help...

    Quote Originally Posted by seniorjudge
    Q: can the grantees put a fence up without the permission of the grantors?

    A: The grantees can put a fence on their land and the grantors can put a fence on their land. As long as the fence does not interfere with the easement, no one has done anything wrong.
    If the easement is "controlled" by the grantors...how can the grantees be allowed to put up a fence. The fence would run down the middle of the grantors property alongside the rode? The easement is a 20 ft wide by 653 ft long strip through the middle of the grantors property to the property in back of them with a road allowing access to the property. Are you saying that the grantees could build a fence, post signs, plant trees, etc. within this 20 ft by 653 ft as long as they do not cross over the rode?
  8. #8
    HomeGuru is offline Senior Member
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    Quote Originally Posted by br0nwyn
    If the easement is "controlled" by the grantors...how can the grantees be allowed to put up a fence. The fence would run down the middle of the grantors property alongside the rode? The easement is a 20 ft wide by 653 ft long strip through the middle of the grantors property to the property in back of them with a road allowing access to the property. Are you saying that the grantees could build a fence, post signs, plant trees, etc. within this 20 ft by 653 ft as long as they do not cross over the rode?

    **A: read your easement agreement already. And also note that road is spelled as such. Unless of course you are saying you rode a bull in the easement.
  9. #9
    seniorjudge Guest
    Quote Originally Posted by br0nwyn
    If the easement is "controlled" by the grantors...how can the grantees be allowed to put up a fence. The fence would run down the middle of the grantors property alongside the rode? The easement is a 20 ft wide by 653 ft long strip through the middle of the grantors property to the property in back of them with a road allowing access to the property. Are you saying that the grantees could build a fence, post signs, plant trees, etc. within this 20 ft by 653 ft as long as they do not cross over the rode?
    I have no idea what you are asking.

    Each person can put up whatever he wants on his on land.

    Neither person can interefere with the easement.
  10. #10
    HomeGuru is offline Senior Member
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    Quote Originally Posted by seniorjudge
    I have no idea what you are asking.

    Each person can put up whatever he wants on his on land.

    Neither person can interefere with the easement.

    **A: and that ain't no bull.

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