Ask a Question

Get free answers to your Real Estate Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Tennessee Real Estate Law Questions & Answers
0 Answers | 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

0 Answers | Asked in Real Estate Law, Landlord - Tenant and Municipal Law for Tennessee on
Q: How do I force the HOA management company to do repairs on common elements for my condo?

This is in Knoxville. One side fence was damaged badly by the next door tree limbs, and the back yard concrete patio has been severely cracked by tree roots and must be removed and replaced. Also, one section of the back yard fence is missing altogether - it was missing when we bought the condo... View More

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?

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

0 Answers | Asked in Consumer Law and Real Estate Law for Tennessee on
Q: What are the legal and financial ramifications to not paying the lease vs taking on debt to pay $12000 to break lease

My daughter is a student and signed a lease far too early last year due to pressure from the building and promises of a lower rate which we did not even get. She then made other arrangements for housing this year and we filled out a lease tranfer for her first apartment. We were under the... View More

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
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

0 Answers | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Q: landlord is refusing to return my security deposit citing damages but during the inspection all was fine, is this legal?

The owners have lived outside the US for 5 years and has neglected almost all of our requests/information on issues with the house. August 1st, they took the house back and when we did a full walk through/inspection with them, they seemed fine and didn't mention any issues. I specifically... View More

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.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 ?
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2024

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

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I left with telling my slum lord, our lease expires 3 years ago . We had to leave mold holes in the floor

1. Lease expires 3 yrs ago

2. House no liveable, home health said it was not safe , water bill 280.00 every mother because of leaks

3.we left without telling him

4. We left may 6,2024 rental contact expired 5. now he sending the 10 % and the rent amount like we still live... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 22, 2024

What is your question? Pay rent with a check.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Tennessee on
Q: My mom died last year and my dad passed the other day I have always lived with them

My mom died last year and my dad passed the other day I have always lived with them but I live in the garage. Well dad passed with no will and before I got home from his service all dad's kinfolk had done got his safe emptied his bank account, even boarded up the place so I couldn't get... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 18, 2024

You may be the sole heir and next of kin of Father. If so, you own all that property. But getting back property now is often impossible. Who is the home deeded to? You may be the owner and need an Affidavit of heirship. Hire an attorney to see who the heirs are. Probate may not be a... View More

1 Answer | Asked in Contracts and Real Estate Law for Tennessee on
Q: Is there a statute of limitations on a Buyer/Homeowner suing the previous Seller/Homeowner for failure to disclose info

Information on termite or WDO infestations that may not have been treated: Are these deemed important to disclosure during home sales?

The Buyer, the current owner, has found evidence of old WDO activity with no apparent treatment in the home after removing debris, stacked boards, and other... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 25, 2024

Usually a 1 year SOL to sue from date the Disclosure was executed. Defendants are anyone that signed a false disclosure, which may include others than the grantors.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I recently applied for home equity loan and found 2 judgements on the title from my wife now ex wife.

They renewed the 1 judgement and is there anyway I can get this dismissed as we are not married for the last 6 years ..I also had a bankruptcy 8 years ago and kept the house and has always been in my name..

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 10, 2024

If your wife never owned your property then her judgment lien never attached to your title. Hire an attorney to carefully search the title. If lien is only against her, and never attached to property, than borrow money elsewhere if necessary if present lender mistakenly believes your title is... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Tennessee on
Q: My neighbor recently had a survey done of the property line between our houses. She became very upset when my son walked

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

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

1 Answer | Asked in Small Claims and Real Estate Law for Tennessee on
Q: I purchased my home over nine years ago. I had an inspection and everything he found we turn it over to the seller and

he fixed it but it was just minor stuff. I’ve had issue after issue with this house ever since especially the plumbing. Warranty company won’t pay because there’s a water house stuck in there. Don’t have a clue how it got in there and that’s probably that cause of all the plumbing issues... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 20, 2024

Whatever residential disclosures that were made by the seller or real estate agent are way outside the SOL for suit. However a breach of contract action on your Warranty might not have run. Hire an attorney to look at your Warranty, examine your damages, and then file suit. If damages are... View More

1 Answer | Asked in Real Estate Law for Tennessee on
Q: What do you do when you have a signed contract for real estate purchase, and then the seller walks away?

I submitted a contract with earnest money to purchase a home. The seller went silent right before closing. My (buyers) contingencies were that HVAC leak be repaired and that boundary encroachment be resolved. The seller's contingencies was that my current home be sold so we could close early.... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 18, 2024

Apparently the contingencies have not been cured, so the contract on its face is voided. If you paid out earnest money, ask or sue in GS for it back. With that many serious problems, you knew it would not be executed. Suing for Specific Performance would be crazy. Buy elsewhere and hire... View More

1 Answer | Asked in Real Estate Law and Probate for Tennessee on
Q: Hi my dad has passed away he lived in Tennessee he he lived with a companion but there not married deed is on his name

Do I have rights to have deed changed in my name

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 2, 2024

The answer to your question is it depends on a lot of other things, but the bottom line is a probate attorney can help you with this. You should schedule consultation and be prepared to answer questions about whether he was still married to someone else, whether he had other children besides you,... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.