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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 
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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
I recently purchased a manufactured home with the intention of placing it on my mother's land in Tennessee. I have a legal waiver signed by her permitting the placement of the home and have obtained the necessary septic permit. The home was delivered by the home center yesterday. A neighbor... View More
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answered on Mar 7, 2025
If you place the mobile home there, you take an extreme risk of a nearby property owner suing you and your Mother for a mandatory injunction to remove it. Arguably there is no SOL on enforcing such a covenant that was created on all parcels from the original tract. Sorry but you should have... View More
The lot in question was one big rectangle that was sub-divided into two lots. The right front corner is one lot and a large flag lot the other. A house was put on the small right front corner and the water was run underground crossing the left front corner of the flag lot. The original owner of... View More
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answered on Jan 27, 2025
Have you searched your title? If no recorded easements, then try to estimate how long those pipes have been underground. 20 years gives them prescriptive use easements, and they maybe have easements through other laws. I doubt you are able to build without marking the ground where the pipes... View More
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answered on May 13, 2024
Not without your permanent agreement. But he can try to terminate the easement or file a declaratory judgment action on it. Having an easement in your chain of title is worthless as it must be in the servient estate's title.
My driveway connects to two properties, my own and a vacant residence. The neighbor on the other side of the vacant residence uses the driveway to go and dump scrap metal, junk cars, car parts in the vacant properties backyard, supposedly with the owners permission. The owner has been deceased for... View More
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answered on Mar 8, 2024
Hire an attorney to search the titles of all properties involved, that is at least two. An easement needs to be recorded in the servient parcel's chain of title, not the dominant (the one that uses the ROW) parcel. Twenty years of use easily creates an easement by prescription. If no... View More
I am purchasing two plots of land from grandfather. Each plot has a tax assessed value of roughly $22,500, totaling $45,000. My family is using this number to determine fair market value. I have purchased one plot already with a $35000 mortgage loan to secure better interest rate and terms. My... View More
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answered on Jan 14, 2024
Your question is very astute. I assume that you are concerned about this from your grandfather's perspective rather than your own, though you did not say one way or the other. The chances are good that Tenncare will look at this as two separate transactions because it sounds like they are... View More
I presented landscaping pictures of before and after the poultry damaged the property via Email, including a video of chicken digging in. The Assistant DA refused to see the damages. Poultry repeated scratched for food for 3 months in our Landscaping and flower beds.
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answered on Jan 4, 2024
If DA refuses to seek restitution, that is his discretion, not yours. If defendant convicted, then it is res judicata on the issue of property tort damage. But you will need to put on proof of money damages.
And you can file your own civil suit in General Sessions. However... View More
As a homeowner, my lake view has recently been completely obstructed by the construction of a new house. Is it legal for a property owner to build in a way that obstructs another home's view entirely? I'm unsure of any zoning laws, homeowner association rules, or existing agreements... View More
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answered on May 14, 2025
Losing your lake view can feel like a real blow, especially when it was a major reason you chose your home in the first place. Unfortunately, in most places, there’s no automatic legal right to a view unless it’s specifically protected by a local zoning law, a neighborhood covenant, or a... View More
I need assistance creating a permanent easement agreement for electric and sewer line utilities on my new construction residential property. There are no property restrictions affecting the easement. I'm unsure whether I need to include the utility company in the agreement. Could you guide me... View More
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answered on Apr 24, 2025
Restrictions recorded are covenants running with the land. Why would you want to create restrictions on your own lot unless you are developing a subdivision? Who would enforce any such restrictions unless there are multiple lots? You may be confused and probably do not need such easements... View More
I was in the process of putting my own driveway in but before I finished he blocked the common driveway. This caused me to get a truckload of stone that day so I would have a way out of my property. Doing this caused the work we did do on the driveway to be damaged by the stone truck because it... View More
answered on Feb 2, 2025
Go to the Register of Deeds in your county and gather all ownership information on those properties. File suit in either General Sessions or Circuit Court.
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
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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.
The problem. There is a road that runs on the property between what was her land and now ours. The family member who bought the mother’s lands says it belongs to him. My father used that road for over 20 years with no problem. He even used it after the relative bought her land which has been... View More
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answered on Jun 3, 2024
You probably have an Easement by Prescription or Implication. Hire an attorney to search both titles for Easements over the servient tenement. But you may have to file suit in Chancery to Declare and Enforce the Easement.
I live in an rv on a long term lot. I want to buy land and move the rv and live in it full time. Does removing the wheels and putting it on a foundation change it to a mobile home or still an rv
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answered on May 20, 2024
What is your question? Zoning Ordinances may affect you in some Counties, which should be checked prior to land purchase.
I'm worried I can be held liable since it's my land
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answered on Jan 8, 2024
Yes.. A proper tort suit would join all interested parties as defendants, especially since comparative negligence applies and execution on land is possible.
was on the property line...they beat the crap out of me cause I kept telling them to get off my property...been to court 3 times and again this next Tuesday...I put up another fence..One foot off the property line so they couldn't do anything to the fence...I s that one foot still my property?... View More
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answered on Dec 14, 2023
That is a Boundary dispute. Hire a competent attorney to file suit immediately. Your surveyor will be your expert witness. Both lands now have clouded titles.
The land I crossed to get to mine she left it to my cousins who are now trying to sale it can I keep my easement when they sale the land I have to cross about 25 feet of there land its the only way I can get to my land.
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answered on Nov 15, 2023
That is probably an Easement By Implication. But unless Grandmother put down an express easement in the others' chains of titles, or there is a recorded subdivision plat, you will have to go to Chancery to have it declared in force if the other adjoining landowners cut you off.
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answered on Sep 8, 2023
Usually a landowner backs off a surveyed boundary a few inches or so. But it is not required and encroachments happen alot. Suing for trespass or an injunction will be expensive. Unless there is a boundary dispute, or physical damage to your land, it is not worth the trouble.
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.
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.
I still farm the land and the city says i can not build a new barn. Can they rezone my land?
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answered on May 25, 2023
You should have been notified of the zoning change. A zoning request might have to made with Williamson County after you examine your local zoning ordinances and procedures. Otherwise hire an attorney to file difficult Declaratory Judgment or Writ of Certiorari suits in Chancery. Owning farms... View More
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