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Tennessee Real Estate Law Questions & Answers
0 Answers | Asked in Landlord - Tenant, Elder Law and Real Estate Law for Tennessee on
Q: Urgent eviction situation involving elderly, handicapped family in TN.

I have been living with my 82-year-old mother and 56-year-old handicapped sister for the past few years, helping take care of them. Our landlord is threatening eviction. He's particularly pressuring my mother to evict me despite my necessity in caring for them, and is now also threatening to... View More

2 Answers | Asked in Probate and Real Estate Law for Tennessee on
Q: Do co-beneficiaries need to sign a quit claim deed if executrix is granted property?

I am a co-beneficiary of an estate, and the executrix, who is also a co-beneficiary, is being granted real property from the estate. All co-beneficiaries are in agreement with this transfer. Do all co-beneficiaries need to sign a quit claim deed for the property to be transferred to the executrix?

Nina Whitehurst
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answered on Apr 8, 2025

Your narrative does not contain enough information to enable an attorney to answer your question. Has a probate case been opened? Has the executor actually been APPOINTED to that role by the probate court? Is the estate solvent? How much time has elapsed from date of death? Who/what is... View More

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0 Answers | Asked in Landlord - Tenant, Small Claims and Real Estate Law for Tennessee on
Q: Dispute over security deposit return after moving out in TN.

I'm seeking advice regarding a dispute with my parents' former landlord about the return of their $750 security deposit. My parents rented an apartment on a month-to-month basis after their lease ended. They officially vacated the premises on March 30th. I was responsible for cleaning the... View More

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Civil Litigation for Tennessee on
Q: Options for extending stay after verbal agreement terminated

I have lived in my house since 2006 after the original owner passed away, and the daughter took over the estate. We had a verbal agreement with her about a year or two ago that we could continue living here while trying to purchase the house. Despite offering to do a rent-to-own option, she did not... View More

Michael Gregory Floyd
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answered on Apr 2, 2025

You should file a lawsuit for breach of contract.

Attorney Floyd 901 779- 4973

1 Answer | Asked in Real Estate Law, Child Support and Family Law for Tennessee on
Q: How to sell property with a lien for child support arrearages?

I own one-third of a property, and there is a lien on my share due to back child support arrearages. The lien amount is less than my share's value. The co-owners are willing to sell the property, but the sale process has not started yet. I have paperwork showing the lien on my portion. How can... View More

Anthony M. Avery
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answered on Apr 2, 2025

The lien is against property that you have a titled interest in, not just against your share. So closing instructions or sale contract provisions should expressly state that the CS is to be paid at closing. Be sure the CS persons are ready to release the lien immediately, and draft a proposed... View More

1 Answer | Asked in Real Estate Law and Contracts for Tennessee on
Q: Can high voltage power lines justify ending a real estate contract due to undisclosed ill effects?

I am currently in the contingency period of a real estate contract for a new home. I recently discovered that high voltage power lines are near the property, and their ill effects were not disclosed in the contract. Only verbal information was provided, which did not cover potential health... View More

Anthony M. Avery
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answered on Mar 31, 2025

No...

1 Answer | Asked in Civil Litigation and Real Estate Law for Tennessee on
Q: How to retrieve my trailer from another's property in Tennessee?

I left my trailer on someone else's property in Tennessee about a year ago without permission. Now, I need to use this trailer to haul firewood, but the property owner is not allowing me to remove it and has advised me to get a lawyer. What legal steps can I take to retrieve my trailer?

Anthony M. Avery
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answered on Mar 29, 2025

File an Action To Recover Personal Property in General Sessions Court.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Tennessee on
Q: House encroaches on golf course easement; buyer concerns in TN. Options?

I own a home built in 1992 that encroaches about 3 feet over a golf course easement. This issue has been present through several ownerships, and I've been advised by an attorney that it's not legally problematic since the house has been sold multiple times over 33 years without issue.... View More

Anthony M. Avery
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answered on Mar 29, 2025

You might get the owner of the golf course to agree to a joint and permanent easement to be made of record. If you are able to move your encroachment, then you might do so. Otherwise expect to sell to buyers who are not concerned with the title cloud or possibly be sued at some time in the... View More

0 Answers | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for Tennessee on
Q: Tenant incarcerated, behind on rent, property's caboose full of assets. How to proceed?

I had a tenant who occupied a caboose on my property for his electronics workshop under a verbal month-to-month lease. He is now incarcerated for several felonies and is behind on rent, with utilities cut off two weeks ago. I have been in contact with his wife and daughter, but have received no... View More

1 Answer | Asked in Landlord - Tenant, Employment Law, Personal Injury and Real Estate Law for Tennessee on
Q: Can a woman I'm a caregiver for forbid me from having guests in her home in TN?

I have been living as a caregiver for a 57-year-old woman in her trailer for nearly two years, taking care of her and a large number of animals, in exchange for room and board. She recently informed me that I cannot have guests without her permission or unless she is at home. After my boyfriend... View More

Anthony M. Avery
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answered on Mar 26, 2025

Yes... She will probably file a detainer warrant against you, or maybe allege some crime.

1 Answer | Asked in Contracts and Real Estate Law for Tennessee on
Q: Can sellers terminate agreement due to mistake on included land?

I recently signed a buyer/seller agreement for a home and a lot behind it. Later in the day, the sellers claimed they mistakenly included the lot and are now threatening to terminate the agreement. We offered to renegotiate without the lot as we're primarily interested in the house, but... View More

Anthony M. Avery
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answered on Mar 24, 2025

Was earnest money paid? Terminating such a contract is easy for such a proffered reason, as you are left with suing for specific performance. Are you prepared to do that?

2 Answers | Asked in Real Estate Law and Military Law for Tennessee on
Q: Land ownership dispute due to absence during military service

I have a deed to a piece of land given to me by my mother, and I've been paying taxes on it, although I haven't been able to visit for 30 years due to my military service, which I can prove with my DD 214 documents. Recently, someone is trying to claim ownership of this land, but I have... View More

Anthony M. Avery
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answered on Mar 23, 2025

You have to act like you own land, not just have title. Adverse Possession is obviously a possible loss of title. Hire a competent attorney now to sue for Ejectment.

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0 Answers | Asked in Construction Law, Consumer Law, Personal Injury and Real Estate Law for Tennessee on
Q: Contractor didn't pull permits or honor warranty; work not to code. What can I do?

I hired a licensed and bonded contractor less than a year ago, but he did not pull the required permits as stated in our contract. He also refuses to honor the year warranty for his work despite multiple issues. There is a shower pan leak on the second floor causing damage to the first floor and... View More

1 Answer | Asked in Real Estate Law and Civil Litigation for Tennessee on
Q: How to recover my vehicle from a family member's property in TN?

I have a vehicle with a signed title transferred to me from a late family member. The vehicle is currently on another family member's property. This family member refuses to allow me access to retrieve the car because he's upset it wasn't given to him. We attempted to collect the... View More

Anthony M. Avery
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answered on Mar 17, 2025

File an Action To Recover Personal Property with General Sessions Court. You must pay filing fees and possibly a bond. LEOs go with you.

0 Answers | Asked in Business Law, Gov & Administrative Law and Real Estate Law for Tennessee on
Q: What are Tennessee's requirements for surplus funds recovery services?

I am planning to offer surplus funds recovery services in Tennessee and want to ensure compliance with all state laws and court procedures. Specifically, I'm concerned about licensing and fee structures. I haven't researched specific Tennessee laws yet, and I plan to offer services to... View More

0 Answers | Asked in Gov & Administrative Law and Real Estate Law for Tennessee on
Q: Planning surplus funds recovery services in Tennessee and need information on compliance with state laws and procedures.

I'm planning to offer surplus funds recovery services in Tennessee and want to ensure compliance with all state laws and court procedures. Can you provide information on the legal requirements, regulations, and any particular challenges I should be aware of in Tennessee?

1 Answer | Asked in Real Estate Law and Tax Law for Tennessee on
Q: Why does a Tennessee tax deed need a quiet title suit for insurance?

I'm trying to obtain title insurance for a property bought at a Tennessee delinquent tax sale seven years ago. The title company advised me to file a quiet title suit, but Tennessee state law claims absolute title is granted one year after purchase. Why is there a discrepancy between the law... View More

Anthony M. Avery
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answered on Mar 14, 2025

If an insurance company demands certain assurances of title, then they do not have to issue a policy if they are not satisfied. Try to find another title insurance company as there are different requirements and lawyers involved. Or do not buy an owner's title policy. Or cure the title... View More

1 Answer | Asked in Family Law, Real Estate Law and Civil Litigation for Tennessee on
Q: What are my rights if my co-owned property and personal belongings are being sold without permission?

I co-own a house with my late father and have the deed as proof of ownership. Since my father's passing four years ago, the house has been empty. My stepmother, without communicating with me, has sold and given away my personal property from the house. Additionally, I've been paying the... View More

Anthony M. Avery
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answered on Mar 14, 2025

You do not state the exact estate that you now own in the property. However hire an attorney to search the title and determine present ownership, and decide if a Partition Action is needed. As to your personal property, you might sue stepmother for conversion in General Sessions Court.

1 Answer | Asked in Family Law and Real Estate Law for Tennessee on
Q: Am I entitled to more than 50% of house sale proceeds after divorce?

I bought a house before I was married. Two years after purchasing, I got married, and four years later, we refinanced the house under both of our names. We have since divorced, and the divorce settlement only stated that I would occupy the house and be responsible for all costs associated with it... View More

Anthony M. Avery
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answered on Mar 13, 2025

Unless you gave him a deed or the Judge vested him with an interest, he has no titled interest in house. Did your lawyer not tell you this? When you sell it, and some title company wants him to give you a deed or give him money, go somewhere else. Getting a deed of trust does not bestow... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Tennessee on
Q: Can I legally enter my rented property in Tennessee after renter moved out, hasn't paid rent, and won't return keys? Visible outside damages noted.

I am a property owner who had a month-to-month renter who moved out 15 days ago and has not paid the rent for that period. The renter has also had the utilities turned off and has not returned the keys. I have tried contacting her with no response. There are visible damages to the outside of the... View More

Anthony M. Avery
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answered on Mar 13, 2025

As the owner, if you are deeded as such, you have title and now possession. Go inside anytime. I do not understand your hesitation or really your question if you have been renting your property out. You can repair damages and locks anytime.

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