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Tennessee Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Tennessee on
Q: Can you be granted a 2nd easement through another property because your current one is overgrown?

If you are a landowner petitioning the county for an easement through someone else's land, but you already have an easement through a separate piece of land and it is recorded in the deeds, can you be granted another easement though the other person's property just because your already... View More

Anthony M. Avery
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answered on Mar 15, 2024

No... A recorded easement needs to be in the servient tenement's chain of title, not in the title of the dominant parcel. You do not "petition the county". You must file suit, usually in Chancery. More than likely landowner wanting to use the ROW will need to go to Court... View More

2 Answers | Asked in Estate Planning, Family Law, Real Estate Law, Civil Rights and Criminal Law for Tennessee on
Q: My dad at 65, on 1/25/23 has $1,000,000 secured bond with a conditional release order. Wat happens to 130acers he owns?

We are not in contact, though I am his daughter. Last I knew he owned 130 acres and possibly some other properties. He’s Not married, me and my sister only kin .been in jail for over a year now, they won’t give me much info. Still No date to be sentenced, all I know is, it’s gonna be a grand... View More

Anthony M. Avery
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answered on Mar 11, 2024

Since it is a secured high bail, he may have made a property bond hypothecating the 130 acres. If so, the Clerk will foreclose the Deed of Trust if he breaches Bond Conditions. He should have an attorney that you can ask for sure, or search his title in Claiborne County. After conclusion of... View More

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2 Answers | Asked in Estate Planning, Family Law, Real Estate Law, Civil Rights and Criminal Law for Tennessee on
Q: My dad at 65, on 1/25/23 has $1,000,000 secured bond with a conditional release order. Wat happens to 130acers he owns?

We are not in contact, though I am his daughter. Last I knew he owned 130 acres and possibly some other properties. He’s Not married, me and my sister only kin .been in jail for over a year now, they won’t give me much info. Still No date to be sentenced, all I know is, it’s gonna be a grand... View More

James L. Arrasmith
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answered on Mar 11, 2024

In a situation like this, there are several factors to consider regarding your father's assets and your potential rights to them. Here are some steps you can take to gather more information:

1. Contact the county assessor's office: You can reach out to the Claiborne County...
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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Tennessee on
Q: What can I do about my neighbors using my shared driveway with a vacant residence? Can I legally block access?

My driveway connects to two properties, my own and a vacant residence. The neighbor on the other side of the vacant residence uses the driveway to go and dump scrap metal, junk cars, car parts in the vacant properties backyard, supposedly with the owners permission. The owner has been deceased for... View More

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answered on Mar 8, 2024

Hire an attorney to search the titles of all properties involved, that is at least two. An easement needs to be recorded in the servient parcel's chain of title, not the dominant (the one that uses the ROW) parcel. Twenty years of use easily creates an easement by prescription. If no... View More

2 Answers | Asked in Immigration Law, Real Estate Law and Landlord - Tenant for Tennessee on
Q: A family friend signed a house loan for us now we want to sell the house but he wants 50% of the money.

I want to note i am not a legal citizen of the United States that is why our family friend offered to get us a house. We have lived in it for more than two years. We have had some problems with work and we decided one of our options was to move states. I let the friend know we were looking to sell... View More

James L. Arrasmith
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answered on Mar 7, 2024

I understand this is a difficult and stressful situation. Based on the information you've provided, here are a few important points to consider:

1. Legal ownership: If the house is legally under your friend's name, they are the legal owner of the property, even if you have made...
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2 Answers | Asked in Immigration Law, Real Estate Law and Landlord - Tenant for Tennessee on
Q: A family friend signed a house loan for us now we want to sell the house but he wants 50% of the money.

I want to note i am not a legal citizen of the United States that is why our family friend offered to get us a house. We have lived in it for more than two years. We have had some problems with work and we decided one of our options was to move states. I let the friend know we were looking to sell... View More

Anthony M. Avery
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answered on Mar 7, 2024

You will have to hire a TN attorney now to sue for a Resulting Trust, Notice Lis Pendens, and a TRO in Chancery. A Bond will have to be made to stop the sale pending litigation. You will have to put on evidence of your payments. It will be difficult and expensive. Otherwise you lose... View More

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1 Answer | Asked in Gov & Administrative Law and Real Estate Law for Tennessee on
Q: Why does TN Code Section 48-57-102, subdivision (a)(2) regarding demands for a corporate special meeting exclude...

...reference to the bylaws as in subdivision (a)(1)? Aren't requirements for meetings normally in a corporation's bylaws (as opposed to the charter, which I would understand to be the articles of incorporation)? Or, if a corporation's bylaws do address requirements for demanding a... View More

James L. Arrasmith
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answered on Mar 5, 2024

The Tennessee Condominium Act (TCA 66-27) governs condominium associations in the state. Per TCA 66-27-402, the bylaws of the association must provide for meetings of the unit owners/members. The bylaws are supposed to specify things like how meetings are called, notice requirements, quorum, voting... View More

2 Answers | Asked in Real Estate Law and Civil Rights for Tennessee on
Q: Bylaws were designed by the developer is there a time frame that bylaws must or have to be changed?

Bylaws were created by a developer however the current board is using the bylaws in place like a developer crippling homeowners rights

James L. Arrasmith
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answered on Mar 4, 2024

Bylaws serve as the governing documents for many organizations, including homeowners' associations (HOAs), and are typically established by the developer at the time of the community's creation. There is no automatic expiration date or mandatory timeframe for changing bylaws. Instead, the... View More

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1 Answer | Asked in Estate Planning and Real Estate Law for Tennessee on
Q: How do heirs handle a petitioner to be the executor, who has made moves against the estate?

Our uncle was rushed to the hospital nearly unconscience. A cousin realized he no longer had access to the uncle's home and changed the locks. The uncle died weeks later. The cousin cleaned out the uncle's home ( heirs didn't receive any itemized account of what was in the... View More

Anthony M. Avery
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answered on Feb 5, 2024

Apparently he has already been appointed administrator. Hire a TN attorney to represent one or more heirs /next of kin. It appears that you are very late getting involved. Heirs do not get a right of refusal, but you may oppose the sale as the heirs own it. Apparently he is claiming it... View More

2 Answers | Asked in Estate Planning, Probate and Real Estate Law for Tennessee on
Q: Two surviving children of my father that was married before he passed. Can I pay all unpaid property taxes...cont

In full and be able to obtain the current deed following payment? As well as claiming ownership?

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answered on Feb 1, 2024

To address the unpaid property taxes and potentially claim ownership of the property as one of the surviving children of your father, you'll need to follow a specific legal process:

Pay Unpaid Property Taxes: You can pay the unpaid property taxes to bring the property current. Make...
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2 Answers | Asked in Real Estate Law for Tennessee on
Q: My grandmother put my mom on the deed for ownership its states to her and her heirs. My mother passed recently and she's

Saying she needs me to sign something back to her. Is that me signing my rights to property away?

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answered on Jan 22, 2024

If the deed to the property states that it is owned by your mother "and her heirs," and your mother has recently passed away, then her share of the property would typically pass to her heirs, which likely includes you. If your grandmother is asking you to sign something, it's... View More

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2 Answers | Asked in Real Estate Law for Tennessee on
Q: My grandmother put my mom on the deed for ownership its states to her and her heirs. My mother passed recently and she's

Saying she needs me to sign something back to her. Is that me signing my rights to property away?

Anthony M. Avery
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answered on Jan 25, 2024

Apparently Grandmother transferred the property to your Mother. If no other deeds and no will probated, Mother's heirs now own the property because of intestate succession. Yes, she wants you to give up your share or fee ownership. A life estate/ remainder deed might be in order.

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1 Answer | Asked in Elder Law, Estate Planning, Land Use & Zoning and Real Estate Law for Tennessee on
Q: For nursing home care will Medicaid look at the purchase of two plots of land individually or together for FMV?

I am purchasing two plots of land from grandfather. Each plot has a tax assessed value of roughly $22,500, totaling $45,000. My family is using this number to determine fair market value. I have purchased one plot already with a $35000 mortgage loan to secure better interest rate and terms. My... View More

Nina Whitehurst
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answered on Jan 14, 2024

Your question is very astute. I assume that you are concerned about this from your grandfather's perspective rather than your own, though you did not say one way or the other. The chances are good that Tenncare will look at this as two separate transactions because it sounds like they are... View More

1 Answer | Asked in Real Estate Law and Juvenile Law for Tennessee on
Q: Can HOA ban a 16 year old from their home under suspension of theft on the complex
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answered on Jan 13, 2024

In Tennessee, an HOA generally has the authority to enforce rules and regulations within the community. However, banning a 16-year-old from their home due to suspension for theft may require careful consideration of the HOA's bylaws and state laws. It's important to review the specific... View More

1 Answer | Asked in Real Estate Law and Probate for Tennessee on
Q: Tennessee, a warranty deed in 1997 a bf/gf listed as tenants in common with rights of surv then heirs only 1 signature??

my mother (i was only 11) i was told SHE bought a mobile home and some property, we moved into said home few months later i am woken to her bf whom moved into home with us to call my nanny and tell her my mom is being taken to the er by ambulance but he said to the Fayetteville er not Tullahoma er... View More

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answered on Dec 26, 2023

In Tennessee, when a property is owned as tenants in common with rights of survivorship, it means that upon the death of one owner, their share typically passes to the surviving owner(s). However, the specific language in your mother's deed stating "tenants in common with rights of... View More

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Is it essential to declare the suicide of a person in the house( many years before )to the recent buyer by house owner

We own a house. Unfortunately a tenant committed suicide there.Then it was on rent for 8 years.Now we want to sell the house .is it a offense, not telling the fact about suicide happened before to the buyer?

James L. Arrasmith
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answered on Nov 17, 2023

In Tennessee, the law does not typically require sellers to disclose deaths, including suicides, that occurred on a property. The state's real estate disclosure laws focus mainly on material defects affecting the property's physical condition or value.

Since a past suicide is...
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1 Answer | Asked in Real Estate Law, Business Formation and Business Law for Tennessee on
Q: Is it possible to purchase 99% of the shares of an LLC while keeping the original owner on as a non-equity/no-owner?
Mr. James Charles Wright
Mr. James Charles Wright
answered on Nov 16, 2023

A limited liability company has members and membership interests. Yes, you can purchase 99% of the interest in the LLC - but if you are leaving one percent- is that for the old owner- so they would be one percent equity owner? This sounds like a structure of membership issue. It may be... View More

1 Answer | Asked in Real Estate Law and Construction Law for Tennessee on
Q: I bought a home in Tennessee closed on September 29 2021. The home inspector lied about cracks in foundation.

The Retailor suggested the home inspector company Chattanooga Home Inspector. Now I am finding multiple foundation cracks that were DYI sealed.

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answered on Nov 13, 2023

Did seller give you a residential disclosure statement? Read it verbatim and see what it says about the foundation. 1 year SOL from fraudulent execution of statement. Hopefully agent signed it also, for an additional defendant. But you will need to track down seller: location; bank; job.... View More

2 Answers | Asked in Real Estate Law for Tennessee on
Q: Property belongs to my dad & his brother am in that from last 45 yrs now thy caliming aft his death it will go legally?

Thy never come and ask in this 45 years now his wife and son started asking we don't want to give we are to pay thy want only property share so how to handle

James L. Arrasmith
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answered on Nov 18, 2023

In Tennessee, if the property belongs to your father and his brother, it's crucial to understand how the property is titled and whether there's a will or estate plan in place. If the property was owned jointly with rights of survivorship, it would automatically pass to the surviving owner... View More

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1 Answer | Asked in Real Estate Law, Domestic Violence and Contracts for Tennessee on
Q: Can I get back down payment on a house I bought with a partner that started psychically abusing me?

(typo: *physically abusing me) I moved out a few months ago and we used a quitclaim deed to get me off the title, but I am still on the mortgage and they threatened to sue me for missed payments since I agreed to pay until the end of this year. I agreed at first out of fear but now I want to know... View More

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answered on Nov 9, 2023

Physical attack by another tenant is not a release from financial obligation on a note secured by a deed of trust. CH 7 Bankruptcy might be an option. Why did you give a deed without payment therefor? Usually the lender will foreclose on the home first, then possibly come after the... View More

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