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Tennessee Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Tennessee on
Q: I have a property disclosure from a seller that shows a shared driveway and now neighbor says no its not?

Both parties, the seller and the neighbors (at the time) said it was a shared driveway. One neighbor rescinded his lease purchase and moved and now the owner is saying that the driveway is not shared as there is no easement in either one of our deeds. The asphalt that comes up that driveway... Read more »

Anthony M. Avery
Anthony M. Avery answered on Dec 3, 2020

Both owners now have clouds on their titles. Your remedy is to hire a competent attorney to file a Declaratory Judgment for a Prescriptive Easement. Your only other choice is to drive somewhere else. A Notice Lis Pendens with the Suit will definitely get the adjoining landowner's attention.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: My boyfriend and his sister are the only beneficiaries in their grandmothers will. Their aunt is the executor.

In the will it says that my boyfriend and his sister are supposed to receive money from the sell of the grandmothers house. His aunt sold the house and is keeping the money for herself is there anything they can do?

Anthony M. Avery
Anthony M. Avery answered on Nov 27, 2020

Is the Will Probated? If not, then the aunt may be the sole heir and entitled to sell, etc. If Probated, then check the Probate File out at Court. Hire a competent attorney to move for disbursement of Estate Assets, and/or Removal of the Fiduciary for cause with an Accounting.

1 Answer | Asked in Family Law, Personal Injury, Real Estate Law and Landlord - Tenant for Tennessee on
Q: I would like to sue my aunt for kicking me out without eviction, packing my things for me while I was out of town etc.

She is also trying to keep me out of the house. She says I violated the "no drugs" rule but I didn't and she has NO proof. She found weed in my MOMs room and is trying to use that to kick us both out. Where would I find a no fee lawyer with whom I could proceed to file suit with?

Tim Akpinar
Tim Akpinar answered on Nov 25, 2020

A Tennessee attorney could advise best, but your question remains open for two weeks. This doesn't look like a personal injury matter, where a law firm would handle it on a contingency basis with no fee up front. A closer category might be landlord-tenant or civil litigation, but it might be... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: House and land that was transferred out of my name by forged signatures and sold while I was working out of town.

I have my original paperwork where I purchased the land and house from the owner. While I was working out of town, the land and house were transferred into someone else's name while I was still making payments. I was never told that my property had been transferred and then sold to someone... Read more »

Anthony M. Avery
Anthony M. Avery answered on Nov 24, 2020

Do you have a Deed? If not, then you were never the owner of anything but a personal property contractual right. You might sue the obligor on the contract for breach. But if you have a recorded Deed, then you must hire a competent attorney to file an Action for Ejectment in Chancery. There... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: My son was murdered and had a mortgage with his girlfriend.

Both of their names is on the mortgage, does she get to keep it. Also how about money in the bank account or his pets.

Anthony M. Avery
Anthony M. Avery answered on Nov 24, 2020

A title search will have to be performed as the Deed of Trust is the secured debt only, not the title. Assuming she is a tenant in common or now the owner due to survivorship, she is entitled to possession and has some type of title, but is also liable on the note. The signature card for the... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I am buying a house the seller is positive for COVID19 are they obligated to have the house professionally sanitized?

I would like to know before I move in.

Bennett James Wills
Bennett James Wills answered on Nov 18, 2020

No. But you could make the request through your realtor.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: My ex husband has passed away, if I am still on any paper work (home and land), do I have any rights to anything?

His daughter is filing for executive of estate, he had no will

Anthony M. Avery
Anthony M. Avery answered on Nov 9, 2020

It is very possible that you might be a one/half interest tenant in common. But the divorce decree might have divested you of the same. Hire a competent attorney to perform a title search and look at your divorce. Remember land rarely goes through an Estate.

2 Answers | Asked in Real Estate Law for Tennessee on
Q: If we purchased house with 17.5 acres and have now found out there are only 11.5 do we have any recourse?

We bought a house with 17.5 acres in Tennessee. We did not have a survey done before we signed the contract we have since had a survey and there are only 11.5 acres. Do we have any recourse to get reimbursement for the missing acreage? Who would be responsible for the misrepresentation?

Bennett James Wills
Bennett James Wills answered on Oct 27, 2020

The answer is maybe. Depending on many factors, including the type of deed you received, the purchase and sale agreement terms, whether a survey was waived, etc. It could be a potential claim against the seller(s), or maybe the title insurance company, or both. You'll need to hire local... Read more »

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1 Answer | Asked in Real Estate Law for Tennessee on
Q: Signing as POA real estate documents

I have my husband's POA for closing on our new home in Tennessee. I understand that the documents need to be signed in a specific way. I am very concerned because I have arthritis and am worried that I cannot sign ALL the documents. My question is: Can the POA wording, everything except the... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 26, 2020

Talk to whoever is conducting the closing. But I do not recommend it because you are inviting fraud. Tell them it will take longer than usual. Your Husband might want to show up alternatively.

1 Answer | Asked in Real Estate Law, Tax Law, Civil Litigation and Municipal Law for Tennessee on
Q: I've notified the property accessors office a year ago that the Mobile Home on my Dad's old land has been destroyed

But they continue to add a $29,000 manufactured home to my property taxes each year. What else can I do?

Anthony M. Avery
Anthony M. Avery answered on Oct 26, 2020

Each County has a period where Tax Appraisals can be contested. Contact the Tax Assessor in that County and find out what the process is and when. You too late for 2020 but you can file the written contested appraisal application now.

1 Answer | Asked in Contracts and Real Estate Law for Tennessee on
Q: Wife signed lease, didn’t know she signed my name also. She passed away, was going to move until I saw it

I always worked late out of town, my wife found a house negotiated the lease and signed it.. she passed in sept2020 I was going to move until I ran across the lease. She also signed my name and it’s in my name also... I have never even met the landlord in 2-1/2 years until a few days ago.. am I... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Oct 23, 2020

This is what I got from your post:

1. Your wife signed a lease and signed your name over 2 years ago.

2. You and your wife have been living in the property since then.

3. Your wife has now passed away.

You want to know if you are legally responsible under the...
Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Q: the day i close on a house and the owners adult child has not moved can i change the locks
Anthony M. Avery
Anthony M. Avery answered on Oct 21, 2020

I assume you are the purchaser. The conveyance to you is made subject to the rights of tenant possessors. You have the right to change the locks, but that adult might knock the door down. Or you might get in a fight and get arrested. Once you have title, file a Detainer Warrant in General... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: We=Buyers. Sellers=divorced. Both on contract. Ex-Wife dies. Closing supposed to be 11/6. Can we still close?
Anthony M. Avery
Anthony M. Avery answered on Oct 19, 2020

Possibly with a good title search and Affidavit of Heirship. But as the buyer, you are taking the chance of a TtnnCare Lien, Creditors' Probate, etc. Hire a competent attorney to conduct a title search and check into the sellers' financial condition.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Question about joint ownership of a property

My family owns a small weekend cottage in a private community. Upon my grandmother's recent death, we found a copy of a 1990's-era deed where the previous owner of a "community lot" deeded a 1/14th share to 14 owners whose property surrounded said lot. The deed was executed... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 6, 2020

Initially hire a competent attorney for a title search on one or more properties. If it appears you all are tenants in common, then file an Action for a Sale for Partition.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: How do I relinquish property I have no interest in? I have the deed but there is a mortgage that isn't in my name

I am on the deed for my deceased mothers house. I have no interest in it and the mortgage company is in no hurry to foreclose. Now I am being chased by the county for lawn maintenance and I'm concerned about property tax.

Anthony M. Avery
Anthony M. Avery answered on Oct 1, 2020

You have not stated who owns the property, which is critical. Assuming you own it, you can list it for sale as is. If there is no equity in it, then you can probably give a deed in lieu of foreclosure to the lender/mortgagee. But you probably need to hire a competent attorney to look at the... Read more »

1 Answer | Asked in Estate Planning, Probate, Real Estate Law and Landlord - Tenant for Tennessee on
Q: While in probate can a home be rented to own by the heirs?

My grandfather passed with no will but it was known everything was to be split between his 2 children, my mother and my uncle. My uncle started probate and then very unexpectedly also passed just 44 days later. Now his share is to be split between wife and daughter. The house he owned is up for... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 29, 2020

You have not stated enough facts to determine who the heirs at law are, and therefore own the home. However the heirs own it and can agree to sell it anytime they want. Hire an attorney to determine heirship, draft an Affidavit of Heirship, and possibly make an offer to them for purchase. Get a... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: i am buying a rental duplex.The existing leases go until summer. they also include payment of utilities.

I do not want to pay utilities and also want to increase the rent fairly substantially. The document is titled rental agreement or residential lease and contains no specific language about the sale of the property. How soon can I adjust the terms and price legally? What do I need to do?

Anthony M. Avery
Anthony M. Avery answered on Sep 29, 2020

It does not sound like you are buying anything. Property is transferred by Deed. You might have a lease with option to purchase. If so, you probably can assert yourself as the landlord/manager which the leases are subject to. But a smart recipient of a detainer warrant may question your... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: My grandmother passed away with a $37,000 mortgage balance on her home. No written will. I am her oldest grandchild and

I moved in a few months prior to her death to help with her care as well as her oldest sons care who has dementia. She verbally willed me to keep the house and continue caring for my uncle whom is her oldest child. The verbal was received by my mother whom is the youngest. She passed away 7/2019. I... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 15, 2020

You are not ready to sell anything, and if the Note and Deed of Trust is not serviced, the property will be foreclosed upon. Hire a competent attorney to determine heirship, then find a knowledgeable affiant to swear out an Affidavit of Heirship. That will be your source of title. Then the... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Q: can an apartment send to collections for breaking a lease if the apartment was re-rented after abandonment?

I had to leave my apartment suddenly with my infant due to a domestic situation that turned violent. The apartment complex has now turned me over to collections. Can they do this if the apartment was rented quickly after I left?

Bennett James Wills
Bennett James Wills answered on Sep 15, 2020

The short answer is, yes. If you broke the lease then you would be responsible for any damages that were not covered by a security deposit. They have a duty to mitigate by getting a new tenant. But even doing that may not have covered anything you owed on the lease.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: My survey shows a small portion of my garage on my neighbors side. How do I claim it from a feuding neighbor in TN?

My neighbor is unwilling to discuss any options. I just want to be able to sell without problems.

Anthony M. Avery
Anthony M. Avery answered on Sep 14, 2020

It appears that you are encroaching on your adjoining owner's property. Do not try to sell until you get this cloud on both properties cleared. Hire a competent attorney to either get a Boundary Line Agreement, a quit

Claim Deed from your neighbor, or file a Boundary Action.

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