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Tennessee Land Use & Zoning Questions & Answers
1 Answer | Asked in Real Estate Law and Land Use & Zoning for Tennessee on
Q: I bought land that has 2 easements on a lake. One is for ingress/egress via 25'w 60'L to waters edge,

The 2nd easement says under no conditions does property line prevent me from full use and access to my property's lake frontage. Nasty neighbor has blocked both from me. What can I do.

Anthony M. Avery
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Anthony M. Avery
answered on Nov 22, 2022

You will need an attorney to sue in Chancery for an Injunction against their interference with your lawful use of the Easement. A title search of both adjoining tracts should be made first. Almost no chance of money recovery. If you do nothing, you lose the row.

1 Answer | Asked in Real Estate Law, Construction Law and Land Use & Zoning for Tennessee on
Q: What legal claim, if any, do we have against the builder?

We are waiting to get back topo + boundary surveys but, according to the GIS, our brand new build (and all our neighbors brand new builds) were built on (or *way* over) each other's property lines. It's not like the builder got the whole plan shifted x amount of feet, everyone's... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Nov 9, 2022

Either a 3 year or 4 year Statute of Limitations probably applies to your cause of action. Hire an attorney now to examine the builder's, seller's and/or surveyor's negligence. Hopefully you have not busted the SOL. Boundary Line Agreements for adjoining landowners are... Read more »

1 Answer | Asked in Land Use & Zoning for Tennessee on
Q: Someone bought property next to my driveway. They included my private driveway as as easement on their deed.

Their was a Warrant deed in place to my father in law and it is now our Tract 2 on our deed. The county’s tax accessor graph picture was wrong and he used that picture to have a deed made and for the 1st time called it an easement. The property he bought did belong to an uncle that passed away.... Read more »

Bennett James Wills
Bennett James Wills
answered on Oct 17, 2022

The best way to determine where boundary lines are is to use a proper survey - not a tax map online. If his deed shows encroachment, even if an easement, then you run the risk of a future adverse possession claim. Consult an attorney to review the deeds to determine your options. You may need to... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: Do I need title insurance if I can get a warranty deed for a land purchase?

I want to purchase land in Tennessee on a mountain where the drive to the property is a few miles of gravel road put in by the land developer. The road is NOT county maintained. The title company has heard the developer plans to file bankruptcy and is no longer maintaining the roads.... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Sep 27, 2022

Title Insurance only covers a few problems, and never ensures that the access is maintained. Many Title problems that may arise are not insured risks. And making a valid claim on a policy is very difficult. Have you searched the Title yet, or even actually read the legal description and... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: Do restrictive covenants have to be filed with a property description?

Can I just copy a set of restrictions and use them without filing with the deed.

Anthony M. Avery
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Anthony M. Avery
answered on Sep 27, 2022

No legal description of the encumbered property must be recorded with the legal description. However some type of notice to the world where the restrictions apply should be of record, as otherwise the covenants will be worthless and unenforceable. Hire a competent attorney to at least draft a... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Tennessee on
Q: I just built a new home in Tennessee. After construction was finished a trailer park comes in.

I just finished building my new home. In front of my house a man is bringing in a trailer park. There is going to be 5 trailers in a 2.5 acre lot. This will make my value of the home go down can I sue for making my resale value go down. I had no idea this was going to happen or I would have not... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Aug 17, 2022

You might check the Zoning of the Tract for compliance. Septic Systems for 5 MHs on a couple acres might be a problem. If in violation, call the County. Or there may be a change in zoning going on now where you oppose it. You definitely want to check Access to that Tract, which may directly... Read more »

1 Answer | Asked in Land Use & Zoning for Tennessee on
Q: I inherited property with a storage building that a relative claims ownership of. Can he take or sell it?
Anthony M. Avery
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Anthony M. Avery
answered on May 23, 2022

It is possible that he can prove ownership. Just because it is on what is your land does not mean it is a fixture. It may be easily moved. Either party may possibly sue for conversion depending on what happens.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: I have 2 trees sitting on my property line and I would like to put up a fence can I cut the trees down.

The trees are on the property line so they are on both properties.

Anthony M. Avery
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Anthony M. Avery
answered on May 19, 2022

You will want to ascertain the Boundary as accurately as possible. Read your's and the adjacent owner's Deeds. Usually you will want to make the trees part of the fence, but you can probably cut them. But do not be surprised if a Boundary Dispute erupts.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: Neighbor built house either on my property or two ft away from the line. What are my options either way?

I am having a surveyor coming out. I did find out however my neighbor did not have a land survey before building the house.

Anthony M. Avery
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Anthony M. Avery
answered on May 13, 2022

Apparently you do not know your boundaries at this point. Your allowing a house to be built on your land without protest will be used against you. Hire a competent surveyor now, then take the plat to a competent attorney. It will be difficult and expensive, with the minimum result of a Boundary... Read more »

1 Answer | Asked in Animal / Dog Law and Land Use & Zoning for Tennessee on
Q: do you have to have a certain piece of land for farm animals in tennessee or can you have farm animals on private land
Anthony M. Avery
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Anthony M. Avery
answered on Apr 15, 2022

You can certainly have farm animals on private land, but you will need it fenced in. Livestock At Large is a crime.

1 Answer | Asked in Land Use & Zoning for Tennessee on
Q: Can my neighbor add fill dirt on his property to prevent water run off to back up onto my land?

My neighbor put 3 or 4 loads of dirt on his property to prevent the water run off to back up onto my land. The dirt is not on the county right of way it is all on his land. This causes the water to back up on my land whenever it rains. It is a county road but I do not know who paid for the tile.... Read more »

Bennett James Wills
Bennett James Wills
answered on Apr 7, 2022

From your limited facts, it sounds to me like your neighbor has created what's known as a private nuisance. His modification to his land has interfered with yours. You may need to sue him to abate the nuisance. Consult with local counsel to determine your options.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Tennessee on
Q: Sudividing paritition.1 lot (3,97) into2 tracts house on each par.deed recorded ,which metes bound are the legal descr

Description 3,97 or the 1.50 and 2.47 both done by surveys 1st unrecorded but state on warranty deed 2nd was recorded with in parity on deed which is legal

Anthony M. Avery
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Anthony M. Avery
answered on Mar 14, 2022

What is your question? There may be mistakes, but how does it affect you?

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Personal Injury for Tennessee on
Q: what can do when a neighbor cut down established trees and shrubbery on my property?

He had a boundary marker but he took it down and encroached on my property about 15 ft. taking down most of the boundary that took 15 years to establish. What can I do about it?

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jan 28, 2022

If your neighbor trespassed onto your property and removed landscaping; trees- the neighbor would be liable for damages for this.

1 Answer | Asked in Criminal Law and Land Use & Zoning for Tennessee on
Q: What is the code or statute in Tennessee for someone removing the iron pin and property markers on a lot?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Dec 14, 2021

TCA § 39-14-406 might apply to trespass destruction of a fence or gate... Survey monuments might involve Vandalism. No specific survey marker destruction crime exists in TN except State Boundaries. Survey Markers usually involve more than one landowner, so monuments are usually on common... Read more »

1 Answer | Asked in Land Use & Zoning for Tennessee on
Q: A non owner relative has put a shed he and dogs are living in on land with no electricity or sewage service?

This person does not own the land, does not have electricity or running water but have decided to clear out land illegally and set a shed he and his animals are living in. What can I do to have him removed to a more habitable place?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 4, 2021

Are you the landowner? If not then you have no standing to sue. Adverse Possession is very real. If you are the owner file a Detainer Warrant for Possession Only.

1 Answer | Asked in Real Estate Law, Civil Rights and Land Use & Zoning for Tennessee on
Q: I have a family member whom gave me property and has passed away. I have a notorized quit claim for it and never had it

recorded into the county. now im wanting to sell it. how do I go about doing this now they have passed. there are no other living relatives or family members either.

Anthony M. Avery
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Anthony M. Avery
answered on Aug 9, 2021

Recording the Deed and paying Taxes on the property would be required. Someone else may be claiming ownership, so your Deed may be Champertous. Hire a competent attorney to search the Title and cure yours if possible.

1 Answer | Asked in Land Use & Zoning for Tennessee on
Q: Does a subdivision restrictions apply to the property line between a subdivision property and a non-subdivision property
Anthony M. Avery
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Anthony M. Avery
answered on Jul 7, 2021

Arguably yes. But it is doubtful that anyone would try to enforce such a restriction violation on the boundary line, especially without a recent survey. The non sd tract owner might want to back up a half a foot or so, and then construct whatever.

1 Answer | Asked in Estate Planning, Real Estate Law, Civil Litigation and Land Use & Zoning for Tennessee on
Q: I received a motion for publication in the mail in regards to the house i live in . Which the owner is deceased.

What's a notice by publication.

Nina Whitehurst
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Nina Whitehurst
answered on Jun 26, 2021

Notice by publication serves to give the person notified notice of the matter or proceeding when the party pursuing the matter isn't certain that they have the correct mailing or service address of someone. It sounds like you have received both actual notice and notice by publication (which... Read more »

1 Answer | Asked in Car Accidents and Land Use & Zoning for Tennessee on
Q: I live on a private road, I have an easement agreement so that I may go to my home. The neighbor behind me does not have

One however, it’s her parents that are constantly coming and going from her home past my home. Her father does not get out of the road. Today I was in the spot where I could not get over (big ditch) and he could and yet he kept coming and almost side swipped my car. My question is if he would... Read more »

Mr. James Charles Wright
Mr. James Charles Wright
answered on Mar 24, 2021

You have a number of issues here -

1. Easement- if the other people do not have an easement or right to enter - they shouldn't be using the area. However, over a long period of time they can gain rights - so whoever is the holder of the underlying easement needs to protect the...
Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: Do you need a jury trial or bench hearing for easement issue
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 25, 2021

Either party can initially demand a jury. However most Declaratory Judgment/Injunction Actions involving Easements in Tennessee are usually before the Chancery Courts without a jury. In Chancery, jury trials are sometimes held with the jury determining special factual issues. There are... Read more »

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