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through her yard. There are now three rebar survey markers protruding above ground about eight inches with a pink string running the length of the property. Our terrain is very sloped and I am worried that someone could injure themselves if they fell on a marker. She refuses to remove the... View More 
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answered on Jul 8, 2024
No...You have a possible boundary dispute. If you agree with the monumented corners, then those are your corners also. You can put rubber caps on them if you want.
The problem. There is a road that runs on the property between what was her land and now ours. The family member who bought the mother’s lands says it belongs to him. My father used that road for over 20 years with no problem. He even used it after the relative bought her land which has been... View More
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answered on Jun 3, 2024
You probably have an Easement by Prescription or Implication. Hire an attorney to search both titles for Easements over the servient tenement. But you may have to file suit in Chancery to Declare and Enforce the Easement.
I live in an rv on a long term lot. I want to buy land and move the rv and live in it full time. Does removing the wheels and putting it on a foundation change it to a mobile home or still an rv
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answered on May 20, 2024
What is your question? Zoning Ordinances may affect you in some Counties, which should be checked prior to land purchase.
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answered on May 13, 2024
Not without your permanent agreement. But he can try to terminate the easement or file a declaratory judgment action on it. Having an easement in your chain of title is worthless as it must be in the servient estate's title.
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
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
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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
I'm worried I can be held liable since it's my land
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answered on Jan 8, 2024
Yes.. A proper tort suit would join all interested parties as defendants, especially since comparative negligence applies and execution on land is possible.
I presented landscaping pictures of before and after the poultry damaged the property via Email, including a video of chicken digging in. The Assistant DA refused to see the damages. Poultry repeated scratched for food for 3 months in our Landscaping and flower beds.
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answered on Jan 4, 2024
If DA refuses to seek restitution, that is his discretion, not yours. If defendant convicted, then it is res judicata on the issue of property tort damage. But you will need to put on proof of money damages.
And you can file your own civil suit in General Sessions. However... View More
was on the property line...they beat the crap out of me cause I kept telling them to get off my property...been to court 3 times and again this next Tuesday...I put up another fence..One foot off the property line so they couldn't do anything to the fence...I s that one foot still my property?... View More
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answered on Dec 14, 2023
That is a Boundary dispute. Hire a competent attorney to file suit immediately. Your surveyor will be your expert witness. Both lands now have clouded titles.
The land I crossed to get to mine she left it to my cousins who are now trying to sale it can I keep my easement when they sale the land I have to cross about 25 feet of there land its the only way I can get to my land.
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answered on Nov 15, 2023
That is probably an Easement By Implication. But unless Grandmother put down an express easement in the others' chains of titles, or there is a recorded subdivision plat, you will have to go to Chancery to have it declared in force if the other adjoining landowners cut you off.
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answered on Sep 8, 2023
Usually a landowner backs off a surveyed boundary a few inches or so. But it is not required and encroachments happen alot. Suing for trespass or an injunction will be expensive. Unless there is a boundary dispute, or physical damage to your land, it is not worth the trouble.
I was thinking of placing a simple suspended chain barrier across my driveway to limit access. If it is possible, how far must it be from the roadway?
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answered on Aug 30, 2023
If it is on your own property, and noone else has a joint easement there, you should have no problem. If fire or emts complain, I would ignore them. You might call McKenzie City and ask if there are any relevant municipal codes that apply.
Options for keeping my portion of the land that my business is located? If we cannot agree to subdivide the majority of the entire property into lots for resale, with him getting reimbursed for all of his expenses prior to me drawing any shares from the sale, will the property be ordered... View More
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answered on Jun 27, 2023
Consult with an attorney to either work out your differences, or dissolve the partnership/sue for partition of real property.
I still farm the land and the city says i can not build a new barn. Can they rezone my land?
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answered on May 25, 2023
You should have been notified of the zoning change. A zoning request might have to made with Williamson County after you examine your local zoning ordinances and procedures. Otherwise hire an attorney to file difficult Declaratory Judgment or Writ of Certiorari suits in Chancery. Owning farms... View More
I have an acre in a rural area and I've lived there for about 4 years. I just now got my property surveyed and discovered my property goes back farther than I realized. I have farm land all around me and it seems like part of my land has been incorporated into the land behind me thats used for... View More
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answered on Apr 12, 2023
You and your predecessors in title have probably acquiesced to a new boundary between the adjacent tracts. Apparently you did not get a survey prior to the deed execution. If the boundary is ascertainable on the ground, you have probably lost regardless what your legal description says. But... View More
I asked 911. They said only 2 houses need to be changed to stay in numerical order. My neighbor said no & 911 said they want them to agree. No 666 numbers are ever assigned. Buyers say no based on the 666 address. Help. I need to have it changed to move. Is there anything I can do legally? I... View More
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answered on Mar 2, 2023
Different Counties handle 911 and zoning issues differently. Hire an attorney in the applicable County to ask for the change in street address. Provide an appropriate alternate address. You may have to go before a County Commission or a Zoning Board. The County Mayor will probably be... View More
The golf course is in bankruptcy and they told us the bankruptcy judge can reverse the restriction. Can a judge do that. Also the golf club owners are threatening suits if we POA do not lift the restriction. If the restrictions are lifted we fear they will build condos and who knows what else!
answered on Mar 1, 2023
Very doubtful that the bankruptcy judge will get involved in changing the restriction.
Is that considered as waste?
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answered on Feb 5, 2023
There is no simple one-size-fits-all answer to your question. It might be waste. It might not be waste. Sometimes cutting down trees constitutes an improvement to the property. Other times not. And improvement or not is not the only factor that must be considered.
To answer your... View More
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.
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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.
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... View More
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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... View More
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