Clarksville, TN asked in Real Estate Law for Tennessee

Q: 3 brothers inherited 50 acres. One has cut and sold timber without the consent of the other 2.

Our mother pasted 20 years ago. One brother wanted to run cattle on the property and paid property tax in lieu of lease. He cut and sold 15 acres of timber without the consent of the other two. Trustee's office still list all three brothers as owners.

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

A: The Tax Assessor does not determine who owns what. Hire an attorney to conduct a title search, then potentially sue the Brother for a share of the timber proceeds. As a Tenant In Common, he had the right to sell timber, but contribution may be in order.

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