The penalty is 375 dollars because I did not supply them with a copy of my tenants lease agreement and 200 dollars processing annually. I was not aware of this. I do not remember this being a rule when I lived there. It has been 4 years since I started renting the place and I live 3 hours away.... View More 
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answered on Aug 31, 2023
More than likely there will not be a Court case until the HOA sues against the condo to execute the Lien. Those charges will be converted into a Lien against your property, and will be placed of record. Hire an attorney to search the title, read the Master Deed, etc., and advise you of your... View More
Called police had me tresspassed kept my things even my puppy and school computer I can prove it I even had a lot rented
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answered on Aug 31, 2023
What is your question? You can sue in Sessions Court for an Action To Recover Personal Property.
If she allowed there, then you did not commit trespass. But she can file a Detainer Warrant.
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.
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answered on Aug 25, 2023
There is no legal requirement for the settlor of a trust to tell anyone about the trust being created. In fact there are many secret trusts, and oral trusts can sometimes be enforced in TN with clear and convincing evidence. Title searches on properties will often disclose conveyances into a... View More
I am the remainder owner on a property deed and an individual lives in a mobile home on a section of the property and they have the deed to the mobile home. Does the property itself belong to me as I am the remainder owner on deed?
I am asking this question because I was told that if... View More
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answered on Aug 21, 2023
Adverse Possession is very real, especially under color of title. Hire an attorney to search both title. The mobile home may have been an out conveyance before you got an estate. Taxes must be checked closely. You did not mention how many acres or County. A Detainer Warrant or an... View More
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answered on Aug 21, 2023
Usually only a good lawyer that does real property litigation can get a client title on such property. Even in a tax sale, you need a lawyer.
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answered on Aug 18, 2023
In Tennessee, the authority of an HOA Board of Directors to increase monthly fees or impose special assessments without owner approval depends on the language in the governing documents, such as the bylaws and CC&Rs. Generally, HOA Boards have certain powers to manage the community's... View More
Owner of properties deceased 10 years no probate. No immediate family. Unmarried partner of 40;years lives and pays taxes on all property and upkeep . Is she entitled to property transfer in her name?
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answered on Aug 14, 2023
She might be, yes, but there are facts missing from your description that could make a difference. Plus, it is not automatic. She would have to go to court to prove her claim. She should schedule a consultation with a real estate litigation attorney.
First, and now second L.E. tenant, has passed and L.E has been removed from my warranty deed. Property has not been maintained over the years, significantly so. Can there possibly be a significant claim against the estate for all that should have been done, but was not?
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answered on Aug 25, 2023
How was the life tenant removed from the deed? The remainderman can sue the life tenant for waste, but it should be very significant destruction of the land or improvements. After death, it will be a very difficult suit, which must be also filed as a claim against the estate.
I have a LLC in which I’m the majority member. My partner did a hard money loan without my permission to purchase a property and the property ended in foreclosure. The hard money lender stated that there is still 25k to fulfill the lender and he will put a lien on the company. What can I do?
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answered on Aug 14, 2023
Does the LLC have an Operating Agreement, By-Laws, etc.? If so, then it must be read carefully to see how property of the LLC can be encumbered or money borrowed. If not, probably only the managing member had the power to borrow for the LLC. Lender must get a Judgment first before having a... View More
Grandmother always said she didn't want her assets in probate court, but it went straight to probate. Some of the properties she didn't even own in the oldest will and testament that was presented. She had a new Will made up signed with 2 witnesses, and a notary... The notary still... View More
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answered on Aug 1, 2023
You need substantial proof to contest a Will. Consult with an attorney, but it does not sound like a good case. Alot of time has passed and that destroys evidence being presented.
TN Property Inheritance: the will states Aunt 1 has 1/3 interest, Aunt 2 has 1/3 interest, & other 1/3 is split between nephew(1/6) & niece(1/6).
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answered on Jul 28, 2023
If there is a Will Devise then intestate succession has no application. Any tenant in common can sell their interest, but if the grantee does not get fee simple absolute he is a tenant in common with the titled owner that did not convey.
property was quit claim deeded
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answered on Jul 26, 2023
Many more facts are needed, especially why you want a Quiet Title action filed. Usually the defendant will claim you filed after 7 years and busted the SOL. But several real property causes of actions can be prosecuted later than that. Often the SOL is not asserted in Quiet Title suits.... View More
The easement is recorded on the deed and has been in place for 50 years. It's the only way to my property. They have owned their property for 4 years. Ownership has changed 6 times (4 since my 26 yrs of owning my property) with no issues since it's a legal easement. It is the only way to... View More
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answered on Jul 17, 2023
Putting an unlocked chain on a common easement might not be prohibited by a Court as an unlawful termination of your rights. Whose property is the gate on? The easement needs to be in the chain of title of that property owner, not the other that enjoys using it. You might file a Declaratory... View More
I lost my job recently and was late on June 2023 rent so they filed an eviction. The law states that unless it’s WITHIN 6 months they can’t terminate the lease and have to allow me the opportunity to cure. I also paid a week ago by money order not knowing they don’t accept money orders. So i... View More
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answered on Jul 13, 2023
You can defend yourself in Detainer Court, but there will probably be a judgment for possession. I advise looking for another place to live. Owner will almost certainly win on a rent dispute as basis for lease breach, but you might mitigate any claim for rent owing and damages.
there is no will filed with the state. i have asked to see said will and no response. the will executor refuses to show anything. i am concerned that the family will not be included should she become ill or incapacitated. my dad is one of 11 children, four of whom have passed. is there anything i... View More
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answered on Jul 5, 2023
If the Will was not probated, it has no effect. The heirs at law will won the property as tenants in common unless there is some other deed conveyance involved. Hire a TN attorney to search the title and determine heirship. Then draft and record an Affidavit of Ownership to show the world the... View More
We are moving out of state, and we are considering to rent our house (long term rent) instead of selling. I checked the CCRs and did not find anything about renting/leasing, except for this “No Lot shall be used except for residential purposes and except for those uses permitted to the Declarant... View More
answered on Jun 27, 2023
You should 1) check in your neighborhood - are there other long-term rentals? Is there a homeowner's association - confirm with them that they do not object to long term rentals and that there is not an amendment or change to the master documents.
Generally, this provision would... View More
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.
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answered on Jun 21, 2023
Not sure of your question but an HOA can amend its by laws any way it wants, almost. That includes leaving out a former rule or clause. A challenger would need quorum shortfalls or a Constitutional issue to challenge any HOA change. Even then someone with standing and a justiciable issue... View More
answered on Jun 16, 2023
You can promptly give notice to the Seller as soon as possible after discovering that the outlets are not grounded, and demand that they fulfill their promise to fix it. If they refuse, or fail to do so after being given a reasonable opportunity, you can hire a contractor to fix the problem, and... View More
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