Tennessee Code 11-10-105 – Conservation easements – No duty of care

(a) An owner of any land, which is subject to a conservation easement, whether such easement contains or does not contain a public use clause granted to or acquired and held by the state or any agency thereof, or any county or municipality or agency thereof, or an owner of any land, which is subject to a public use easement, granted to or acquired and held by the state or any agency thereof, owes no duty of care to keep that land safe for entry or use by others or to give warning to any person entering or going upon such land of any dangerous or hazardous conditions, uses, structures or activities thereon.

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Terms Used In Tennessee Code 11-10-105

Conservation easement: means a conservation easement as defined in §. See Tennessee Code 11-10-101
Land: includes , but is not limited to, roads, water, watercourses, private ways and buildings, structures and machinery or equipment thereon when attached to the realty. See Tennessee Code 11-10-101
Owner: includes , but is not limited to, tenant, lessee, occupant or person in control of the premises. See Tennessee Code 11-10-101
Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
Property: includes both personal and real property. See Tennessee Code 1-3-105
Public use easement: means a public use easement as defined in §. See Tennessee Code 11-10-101
State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105

(b) An owner of land which is subject to a conservation easement, whether such easement contains or does not contain a public use clause, granted to or acquired and held by the state or any agency thereof, or any county or municipality or agency thereof, or an owner of land which is subject to a public use easement granted to or acquired and held by the state or any agency thereof, shall not, by granting such easement:

(1) Warrant by implication that the real property included in the easement is safe for any purpose;

(2) Confer upon any person the legal status of an invitee or licensee to whom a duty of care is owed; or

(3) Assume responsibility for or incur liability for any injury to any person or property caused by an act or omission of any person who enters upon the land subject to such easement.

(c) This section applies whether the person entering upon the land subject to such easement is an invitee, licensee, trespasser or otherwise.

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Tennessee Code 11-10-105 – Conservation easements – No duty of care – Applicability

Terms Used In Tennessee Code 11-10-105

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