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Tennessee Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Tennessee on
Q: Our neighbor's property is landlocked so they have access to our driveway. Are they allowed to mess with the driveway?
Anthony M. Avery
Anthony M. Avery answered on Nov 5, 2019

Not sure of your question. But twenty years of continuous use over your land gives them an easement by prescription. You need to search both yours and their titles, as there may be an express easement of record possibly specifying maintenance.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Hello my husband and I are separated I want to buy a house without him. Can I do that?

We are Not legally separated. I live in AZ He lives in FL. I want to move to TN and buy the house there to live in.. Do we have to be legally separated?

Anthony M. Avery
Anthony M. Avery answered on Nov 4, 2019

No, and in fact legal separation is rare here. You can have it conveyed to you individually. Marital rights only have to do with homestead after the other's death.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Is there a penalty for early termination of a listing contract in TN?

Real estate Listing Contract ends in Feb 2020, I'd like to end it now.

Anthony M. Avery
Anthony M. Avery answered on Nov 4, 2019

Read your listing contract. There is usually a term requiring the commission to be paid if there is a sale within the contract period. Even then the agent must sue you for the commission. Hire a competent attorney to read the contract and advise you of the possible consequences.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I sold my house and 3 months later the closing lawyer notified me that I still owe real estate taxes on the house I sold

I thought the closing lawyer was supposed to research taxes and liens on the property and make sure everything was pd. The new owner got a real estate tax bill in his name for the taxes that weren't pd. I didn't realize that all taxes due on the property were deducted from my settlement at closing... Read more »

Anthony M. Avery
Anthony M. Avery answered on Nov 4, 2019

Read your contract for sale and your deed. Those instruments may or may not require you to convey free of any tax encumbrances. If it is a warranty deed, you might be liable for taxes up to the sale date. But ultimately I hope you took your money from the closing. If not , you should not... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: The Tax office put a "In conflict" on my property. How can I force them to remove it.

The city originally attempted to claim my drive was county road. I

proved it wasn't they finally agreed to abandon their claim and stated plainly in alderman meeting it was my property. I have DVD. Tax office says that's not what we were told.

Anthony M. Avery
Anthony M. Avery answered on Nov 1, 2019

You probably need to file either a Quiet Title Action, Complaint to Determine a Boundary or some other Declaratory Judgment Action. You will need to hire a competent attorney to search your title, the adjacent titles, and decide what type of legal proceeding is needed. It will not be easy nor... Read more »

1 Answer | Asked in Real Estate Law, Car Accidents, Civil Litigation and Small Claims for Tennessee on
Q: In Tennessee, I received a delivery of a lawnmower. During Delivery, the driver damaged my driveway. how much in damage?

It is an aggregate driveway, scratches a few cenminters deep, we have one quote. Insurance says they don't replace cosmetic. Offered $500, our quote is for $3,000.

Mr. James Charles Wright
Mr. James Charles Wright answered on Oct 31, 2019

If you are referring to your insurance coverage you may be right. You can check your policy. But have you made a claim against the delivery company. If they were negligent, and you didn't sign a release, then the delivery company may be responsible and their liability is not limited... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Is it common for a company to sell land it already owns to itself for $1 million over its total assessed value?
Anthony M. Avery
Anthony M. Avery answered on Oct 30, 2019

It is not common, but it does occur. Restructuring, changing the tax basis, recording a new legal description, etc. could be the reason. What is your question, and what difference does it make to you? A careful title search might suggest the reason.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: my house was demolished by the city, without notifying me of any corrections needed or the condemnation order.

is there any recourse for me?

Anthony M. Avery
Anthony M. Avery answered on Oct 30, 2019

First you need to perform a title search and also check where the tax assessor is sending tax notices to. That should disclose where any code letters were sent. You may possibly be able to sue the city for a tort , but it would probably be a government tort liability act case, which few lawyers... Read more »

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Tennessee on
Q: In 2002 I quit claimed house to my daughter at the time was 5 yrs old no one at tilt company ask me her age or martial

I had life estate along with wife on property in divorce the judge ignored the life estate on me

Anthony M. Avery
Anthony M. Avery answered on Oct 28, 2019

What is your question? It appears that you lost the Divorce, and your only alternative is to file a timely Appeal. There was nothing wrong with the Deed as you describe it. And I would presume the Daughter has the Remainder still subject to the Wife's Life Estate.

1 Answer | Asked in Probate and Real Estate Law for Tennessee on
Q: sole heir of a house in Tennessee, not part of probate, cash sale, no proceeds released

I’m sole heir of a house in Tennessee. It’s not part of probate. Creditor notices have been published, 4 month waiting periods ends soon. We’re pay two attorneys now and still can’t get a firm answer. The buyers closing atty states it is ‘TN law’ that he cannot release the proceeds... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 24, 2019

Why did you file Probate? You may have needed to, or you may have wasted alot of money and time. But any creditor can actually claim against the Estate up to one year from death of the decedent. You should have considered this initially, and may have instead sold it to a cash purchaser. If... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: If two people formed an LLC, to own a rental property, can one of them choose to sell if the other is unresponsive?

My wife and her friend, who lives in Kenya, created an LLC to purchase a rental property in Memphis. The LLC is listed as the owner on the title document. The friend paid the initial deposit and has been collecting all of the revenue from payments made by tenants. My wife agreed to partner with... Read more »

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Oct 24, 2019

If the property is owned by the LLC, the "operating agreement" of the LLC controls resolution of any dispute among the owners/members of the LLC. If there is no "operating agreement," there are state statutes which control the dissolution of the LLC. It is unclear what you mean when you say the... Read more »

1 Answer | Asked in Real Estate Law and Probate for Tennessee on
Q: I sold my moms house title company say they have hold money from buyer for one year before they can release funds too me
Nina Whitehurst
Nina Whitehurst answered on Oct 23, 2019

Has it been at least a year since your mother passed? They might be waiting for all potential claims against your mother to expire. In the meantime, those proceeds must be kept available to pay claims. You will probably need to provide a TennCare release too.

1 Answer | Asked in Intellectual Property and Real Estate Law for Tennessee on
Q: Hello I recieved an evition notice for possession only. I have alreaded moved out of the property. Do i have to go to

The court date on the notice?

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Oct 18, 2019

Strictly speaking, you should not have to go- they are seeking "possession only" ( that language is VERY important, so double check) and if you agree or have already surrendered possession, then there is no dispute and no need for you to appear. HOWEVER, as the saying goes - "better safe than... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Which takes precedence RULE 69.07: or Tenn. Code § 66-25-102 ,,

I payed the judgement liens and now they say they have 45 days to remove the liens from my home. I need to sell so I can move to a retirement home. Thanks

Anthony M. Avery
Anthony M. Avery answered on Oct 15, 2019

Usually the Statute controls. But as a practical matter what counts is removing the lien. Why did you pay it off without getting it released at the same time? They may take a year or never release it. Your only recourse is to file an expensive suit, hopefully in the same Court that rendered... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I got a house and a double wide and my land and they are on the same address would the double wide be mine

There are on the same probity I'd number

Anthony M. Avery
Anthony M. Avery answered on Oct 15, 2019

Mobile Homes usually have a Document of Title, and are considered personal property usually. Unless they are a permanent fixture to the land, they are still mobile. Whoever has the Title Certificate has the best claim to ownership of the Mobile Home. Your paying property taxes on the Mobile... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Tennessee on
Q: I bought a property at tax sale, lien holder is asking me if I would like to buy their redemption right.This is a 1st

mortgage and the only lien.

If I pay this lien will I be able to full ownership and can take the property?

Could I ask for the overage back?

Property in in Tennessee, Hamilton county TN.

Thank you,

Anthony M. Avery
Anthony M. Avery answered on Oct 14, 2019

It is not a lien but a right of redemption for a certain period. You could wait to see if the mortgagee exercises its right of redemption, which is paying you money. After the period, and the right is not exercised, the property is probably yours. But you need a competent attorney who will... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: A Deed of Gift of farm land in Miss. was inherited by my husband and his siblings. No one has their own tract or title.

My husband wants to identify and have title to his 1/5 tract of land. What is the process for doing this?

Anthony M. Avery
Anthony M. Avery answered on Oct 10, 2019

Mississippi Law controls where the real property is. But I am sure there are Partition Statutes there like Tennessee. If possible you could have a surveyor divide it up, and four owners convey their interest to one until five deeds are executed with five individual owners. But more than likely... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I signed a year long lease for a townhome but I must break it to move out of state. Landlord is asking for 4 months rent

My job is moving me to Dallas for a promotion. There is nothing in the lease about what to pay in case of breaking the lease. At first, he said that I wasn’t allowed to break it and there was nothing that could be done. Then he talked to the owner and they said 3 months but now changed their mind... Read more »

Paul E. Tennison
Paul E. Tennison answered on Sep 30, 2019

The lease break penalty should be specified in the lease. If it is not specified then default rules of the TN Uniform Landlord Tenant Act should apply. (in counties with over 75,000 residents) See T.C.A. Section 66-28-101. Unfortunately, the default rules state that the tenant is responsible for... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Tennessee on
Q: In Tennessee... how long do restrictive covenants run?

The HOA that I am a member of has restrictive covenants, and no expiration date is listed on the document. The covenants appear to run with the land, as most of the subdivision is still just land, and not many homes are built yet. Are the covenants permanent, or does Tennessee code have something... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 24, 2019

Generally speaking covenants running with the land are perpetual. The Master Deed may have some limitations or the HOA may fall into disarray. They may become unenforceable, but are not rescinded per se, as once they are out there, it is forever. You might try to transfer in violation of them... Read more »

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