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Tennessee Real Estate Law Questions & Answers
0 Answers | Asked in Real Estate Law for Tennessee on
Q: Joint ownership, one died and left life estate, does the owner left alive have total control over land?

My grandmother and great aunt had a joint ownership on some land, my great aunt passed away and left a life estate for her husband with no further details as to what he can do with it. Does my grandmother have total control over the land?

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Probate for Tennessee on
Q: Can a life tenant cut down trees to sell as firewood for profit in tennessee?

Is that considered as waste?

Nina Whitehurst
PREMIUM
Nina Whitehurst
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...
Read more »

0 Answers | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Q: Can I sue my apartment complex I was cheated out of a month of my lease at the ending of the 2022.

I moved in my apartment complex on December 19 of 2019 each year. My lease has run from January 1 to December 31 of each year. In 2021 I renewed my lease in October for the 2022 year, I didn't receive a copy of the renewal. The tenants received letters in December Advising that in January... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Yesterday I had my property surveyed. My neighbor took the wooden stake and the metal pin out just hour later. What ca.

Is there anything I can do

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 31, 2023

You can report the act you have personal knowledge of to the Sheriff. Trespass and vandalism are involved, which will require the Surveyor to return and restore the monument. That corner is owned by both of you. You may wish to sue for civil damages in Sessions Court, then place a Judgment... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Is it legal for my homeowners insurance to cancel my policy because of two claims 6 months apart?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 31, 2023

Usually that is not a prohibition on the insurer. Read your contract of insurance carefully. Probably need another carrier now.

0 Answers | Asked in Real Estate Law for Tennessee on
Q: Does a home owners association in Tennessee have the ability to levy a tax on certain lot owners and not all lot owners?

The HOA directors voted to levy a $3000 “fee” on lot owners when they apply to build a house to cover the cost of road repairs, whether they happen or not, done by construction equipment. Existing homeowners do not have to pay this “fee” with road repairs caused by construction equipment to... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: How to get a lien on previous property owner removed from deed after 10 years in tn?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 19, 2023

You have took the property subject to the judgment lien. This should have been avoided by a title search and clearing it at closing. If the Judgment has been extended, then it will be another 10 years or you may lose it by execution. If the Lien has expired by operation of law, then hire a... Read more »

0 Answers | Asked in Foreclosure and Real Estate Law for Tennessee on
Q: Trustee sale that I won was rescinded. Do I have any recourse? I want the property

I purchased a home at the courthouse steps for a really good deal. About a week later I received a call from the Trustee saying that they are rescinding the sale. They overnighted me a check in the amount I paid for the home at the time of the auction. When I spoke to the trustee I was confused... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: If a person is buying a house going through a bank to get the loan are they required to make a certain downpayment
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 18, 2023

No... Contract may require a certain down payment or the lender might require a certain down payment for them to also loan the remaining purchase price.

1 Answer | Asked in Real Estate Law and Tax Law for Tennessee on
Q: I just had my house sold for back taxes. Do I need a tax lawyer or a real estate lawyer?

I need to know more information about how this process works.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 17, 2023

Specialization will not help. Hire a competent TN attorney to examine your Redemption Rights, and possibly exercise them. It will not be cheap and probably difficult. But if you want your home back, get in gear. Time is of the essence.

0 Answers | Asked in Real Estate Law for Tennessee on
Q: If a non-denominational church’s pastor dies what are the rights of the congregation? There’s no mortgage.

Can the pastor’s family profit financially from the sale of the church building & property? What are the members’ rights for continuation as a church?

Evidently, no one wants to touch this question.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Can someone who is not the deed holder sell property he's buying to someone else???

I'm buying land from an individual who is not buying from the deed holder but from another party who is buying it from the deed holder

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 17, 2023

You have apparently made a contract that is void, and you know it. A title search is in order, then you may wish to make an offer to the owner. Yes, it might go through and you get title. But you might not and lose a lot of money, having almost no chance of collecting it even if you get a... Read more »

1 Answer | Asked in Estate Planning, Divorce and Real Estate Law for Tennessee on
Q: Mother bought house when her husband was in nursing home rehab. She paid cash from inheritance money.

This is the house she and her husband live in. Can she sell the house, he is not on the deed. This is in Tennessee

Bennett James Wills
Bennett James Wills
answered on Jan 16, 2023

From your limited facts, I don't see why not. If she's solely on the deed, she could convey it. If there's a pending divorce, the situation would be different. Consult local counsel to address any concerns you may have.

1 Answer | Asked in Family Law and Real Estate Law for Tennessee on
Q: Will my spouse of one year have any legal right to a home purchased by me prior to marriage in the event of divorce?

We reside in TN. I bought a house before marriage in my name only. I have always told my spouse that the home will always remain in my name only because I will pass it down to my child. He was aware of this prior to getting married.

Lived together there for 2 years before getting married.... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 16, 2023

Although the house is your separate property, he will have a claim (marital property) to an equitable portion of the appreciation in value of the house since the marriage. It could be a substantial claim.

0 Answers | Asked in Real Estate Law for Tennessee on
Q: We recently purchased a home on 15 acres just outside of city limits.

We recently received notice for a planning meeting for a proposed large master development that will back up to the back of our property. The development is probably inside city limits. What are my options? What should I be concerned about?

0 Answers | Asked in Real Estate Law and Tax Law for Tennessee on
Q: On Quitclaim Deed,do I enter value of transferred property as $0 or amt pd to reverse mortgage co? Is Form 709 required?

I'm paying off my mother's reverse mortgage loan with $246k cash and then she wants to transfer ownership of her home to me via a Quitclaim deed (Anderson County, TN).

1) Would we use $0 as the transfer value of the property or the amount I paid to the reverse mortgage company?... Read more »

1 Answer | Asked in Probate and Real Estate Law for Tennessee on
Q: Mother bought a house with her husband, she passed in 2022, will his son get the house or am I entitled to mothers 50% ?

Husband is not my father, he has moved his son and wife in, and I think he’s priming the situation, to give his son the property at his death, as he is not as responsible as myself.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 10, 2023

It depends on the Title. If she bought it as tenants by the entirety, then surviving spouse owns the fee. If she owned individually, you might own one half as an Heir unless she devised it elsewhere. Hire a TN attorney to search the Title.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Can a bank sell a home to a 3rd party while home was under contract 5 days before close?

I was the buyer and bank sold home to a 3rd party 5 days before close. We were under contract with the seller.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 9, 2023

Yes... What are you going to do, sue for Specific Performance? I doubt you tendered payment. Such contracts mean almost nothing except for a real estate commission.

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Tennessee on
Q: In Tennessee, what does it mean for the survivor if the deed shows "tenants in common with the right of survivorship"?

This is for an unmarried couple who own a home together. Will the heirs of the deceased have any rights to the home?

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jan 1, 2023

It means that if one of the tenants in common passes, the surviving tenant in common will become the sole owner of the home by operation of the survivorship interest without having to go through probate or any other kind of legal process. The heirs of the deceased would have no claim to the home.... Read more »

1 Answer | Asked in Family Law and Real Estate Law for Tennessee on
Q: My daughter lived for five years with a man. He died suddenly, his family threw her out the day he died. Is this legal?

They reside in Memphis, Tennessee.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Dec 19, 2022

From your facts she had no legal right of possession. She could have stayed until served with a Detainer Warrant, but ultimately would have been run out.

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