Chattanooga, TN asked in Real Estate Law for Tennessee

Q: Question about joint ownership of a property

My family owns a small weekend cottage in a private community. Upon my grandmother's recent death, we found a copy of a 1990's-era deed where the previous owner of a "community lot" deeded a 1/14th share to 14 owners whose property surrounded said lot. The deed was executed & recorded at the courthouse. Most properties have sold since then, with language referencing a 1/14th share of the community lot included. One neighbor now mistakenly believes he's the sole owner of said lot. Evidently, he saw reference to the lot in the deed when he purchased his property in 2007, but overlooked the "1/14th interest" part. Apparently, he's been paying the property taxes in full since he purchased his property. The Courthouse now shows him as the owner, even though the last recorded deed is the one granting it to the 14 owners. As one of the original 14, we believe we're legally part owners. How should we proceed to protect our interest in and correct the listed ownership of the property?

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1 Lawyer Answer
Anthony M. Avery
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Answered
  • Knoxville, TN
  • Licensed in Tennessee

A: Initially hire a competent attorney for a title search on one or more properties. If it appears you all are tenants in common, then file an Action for a Sale for Partition.

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