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Tennessee Real Estate Law Questions & Answers
0 Answers | Asked in Consumer Law and Real Estate Law for Tennessee on
Q: Does TN law specify when a developer in a PUD must relinquish neighborhood control to a homeowners?

The CC&Rs are silent on % of built homes. The small neighborhood has been in development for 25+ years. There are no BODs. Developers used dues to reimburse self.

0 Answers | Asked in Real Estate Law, Civil Litigation and Construction Law for Tennessee on
Q: Can the homeowners in a subdivision sue the builder for having some of the subdivision running from submeters?

There are two rows in the subdivision that each have a "master meter" and then the builder has submeters setup in each home and we are getting billed from the HOA rather than the city. We are paying the HOA for the water if you have a submeter while the two rows with the city hookups are... View More

0 Answers | Asked in Real Estate Law for Tennessee on
Q: Can an HOA establish a re-occurring fee for owners who lease for damages to common areas?

By-laws state Board can create rules and regulations for the use of the common areas and facilities, member conduct, and infractions. Board adopted a yearly leasing fee for owners who lease for damages to the common areas incurred by tenants or occupants of the neighborhood . The common areas... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: How long after someone being served does it take to set a court date for a partition sale?

I cosigned for a house with my daughter-n-law. They have cut off all communication and making late or no payments at all that is affecting my credit. I hired a lawyer 8 months ago. And he doesn't communicate with me without yelling at me. And I still have no court date set. How long after now... View More

Anthony M. Avery
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answered on Oct 23, 2024

The Partition Sale may not work because lack of equity. Your lawyer needs to make an estimate of this. If it is not economically feasible then it will be dismissed. Your lawyer can move the Court for a trial date, and it is usually a simple trial. You are trying to get an order for sale for... View More

1 Answer | Asked in Contracts, Real Estate Law and Probate for Tennessee on
Q: What are my options for speeding up a sale?

I am in the process of buying property from heirs of an estate. Apparently the estate was still in probate and the lawyer is delaying the closing. Acontract was signed with all heirs agreeing to the sale and the price. The contract expires on October 31. The money has already been paid but the... View More

Anthony M. Avery
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answered on Oct 22, 2024

You can hire an attorney to search the title and examine the Probate Case to evaluate it yourself. Sometimes some heirs are not cooperative, but could be persuaded. But sometimes the title is bad and cannot be properly conveyed. Claims may be affecting the solvency of the Estate, or... View More

2 Answers | Asked in Real Estate Law, Constitutional Law, Legal Malpractice and Probate for Tennessee on
Q: NO INSOLVENCY TO THE ESTATE Surviving Spouse has Declared Homestead Life Estate , Court is trying to seize and sell?

..///#

James L. Arrasmith
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answered on Oct 20, 2024

I'm sorry you're facing this difficult situation. As the surviving spouse with a Homestead Life Estate declaration, you have important rights to protect your home. Ensure that all your documentation, including the Homestead Life Estate declaration filed with the register of deeds, is... View More

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1 Answer | Asked in Real Estate Law for Tennessee on
Q: How long does a lien stay on property in Tennessee? This was filed on me after I notified the hospital I filed disabilit

and wasn't working, I called the hospital and asked them to work with me until I received disability. Not much after that I was served with papers to appear in court. They wouldn't even work with me. This was in 2016, is there a statute of limitations?

Anthony M. Avery
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answered on Oct 10, 2024

A Lien from a Judgment attaches to your real property for 10 years from date of judgment once it is recorded. It can be extended for another 10 years or the Judgment Creditor might execute upon your property or wages.

2 Answers | Asked in Criminal Law, Employment Law, Real Estate Law and Tax Law for Tennessee on
Q: I'm trying to find the TN TCA CODES for 2001

TCAST- 040999. From 2001 TN TCA CODES

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answered on Oct 7, 2024

There is not a different code for each year. Find the chapters for the Statutes addressing most of the law you are looking for. Then read the end of each Statute for revisions. Start with the present TCA, then look for any changes made from 2002 forward. The older law will apply in 2001.

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2 Answers | Asked in Real Estate Law, Civil Litigation, Civil Rights and Landlord - Tenant for Tennessee on
Q: I moved in home of my wife deceased father and paid taxes on it 5 yrs later they calling me a tenant and trying to evict
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answered on Sep 30, 2024

Apparently you have no ownership interest and paying taxes for the owners. It might be possible to dismiss a Detainer Warrant, but you can definitely be ejected from possession.

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1 Answer | Asked in Real Estate Law for Tennessee on
Q: My mom’s brother sold 1acre(my grandfathers property) land in 1998 and then brought back the same piece of land in 2004

Will my mom still have rights over that property?

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answered on Sep 29, 2024

Probably not, but hire an attorney to search the title. Mother may never have had an interest, or it may have been extinguished.

1 Answer | Asked in Real Estate Law, Criminal Law, Estate Planning and Elder Law for Tennessee on
Q: Can a power of attorney block and or control visitation on his property from the principals children against his wishes?

The power of attorney built a home on the principals property the principals had no conflict with his children and planned for his daughter to spend the week for his birthday the power of attorney has blocked all communication from the principals other children against his wishes and told them to... View More

Cayley Turrin
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Cayley Turrin
answered on Oct 3, 2024

Depends on the specific power of attorney. I would consult with the attorney that drafted it.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: If you are a home owner, and you bury your deceased Mother on your property, you are exempt

from many liabilities, including property taxes. Any truth to this at all?

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answered on Sep 12, 2024

Not true...

1 Answer | Asked in Real Estate Law and Civil Litigation for Tennessee on
Q: What is the statue of limitation on a civil lawsuit regarding a forged quit claim deed in Tennessee
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answered on Sep 11, 2024

Defendant would probably argue 3 year property tort SOL. Plaintiff could argue 7 year SOL. Arguing no notice will be hard with public records. Tax Statutes will have some impact also.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Does our family have any hope in recovering property from a deed that was illegally transferred in south pittsburg, tn?

My father was the last surviving member (of 3) on the deed to his childhood home. When the second-living person (an uncle) passed away, other family members took all of the family heirlooms/memorabilia and somehow, they convinced someone (clerk of court? lawyer?) to transfer the deed over to... View More

Anthony M. Avery
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answered on Sep 10, 2024

Did Father convey by a Deed or not? If so, there is nothing. Otherwise his Heirs might claim a third or less and file a Quiet Title, Ejectment, Partition suit. Hire a lawyer to search the title and determine ownership.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Purchasing a tract of raw land in Tennessee, seller wants to add restrictions.

Went under contract July 24th, closing is contingent on the completion & acceptance of a survey. This morning (Sept 9th) I received a set of 10 restrictions that the seller wishes to place on the deed. My response was these were not disclosed prior to contract nor included in the contract for... View More

Anthony M. Avery
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answered on Sep 9, 2024

You can notify seller of breach of contract if nothing like that is in contract. But you need to read it closely. Seller could still sue for specific performance, but doubtful. You will probably lose earnest money. Ask to pay a lower price.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Weeds and branches is growing into my driveway scratching my vehicles can I cut them I own the property

I own the property they are not maintaining the Wright of way I need to cut the weeds and branches so can I do this

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answered on Aug 23, 2024

As property owner you can trim the overgrowth. Preventing the Dominant Tenants' use of the easement might get you sued.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Q: Is Tennessee a state one has to evict unwanted house guests that have been in my home longer than 30 days & won't leave?

Guest were given 30 days to be in my home & find a place to live, pay no rent or bills & won't leave now that the 30 days has past. No lease or tenent agreement, just verbally told they could stay 30 days no longer.

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answered on Aug 5, 2024

Hire an attorney to file a Detainer Warrant. Do not get in a fight or occupant will get leverage on you. Let lawyer communicate with them.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Do I need to find & notify all possible relatives?

My cousin passed in 2019. I'm the only one taking care of his property & house. Do I still need to get a lawyer to find lost relatives, etc. in order to proceed with legalities to sell his place before the house gets run down too much. His parents are deceased, he had no siblings, never... View More

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answered on Aug 5, 2024

You are correct about hiring an attorney to establish heirship and selling the property. Also keep taxes paid and ask for reimbursement for your expenses later although there is no right to recover them. The Affidavit of Heirship will be difficult but not impossible. And a title search is... View More

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Landlord - Tenant for Tennessee on
Q: In Tennessee, if I lived with my grandmother, she passes, leaves the house in a trust to my mother, I’m still a tenant ?
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answered on Jul 26, 2024

Apparently you have not interest in the property except possession. The owner can sue you for possession.

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