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Tennessee Real Estate Law Questions & Answers
1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: In a valid 'Last Will & Testament' w/ a 'real property' that has a direct beneficiary listed, can this by-pass Probate ?

In a valid 'Last Will and Testament' there is two real properties listed to be be inherited each by name as a direct

beneficiaries to each respective property, does this still have to go thru Probate Court since the valid will clearly list each 'real property' with a... View More

Nina Whitehurst
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answered on May 16, 2024

The only answers that can be given to your questions are "maybe" and "sort of". There is no avoiding probate court when the decedent had a will that devised real property. The only question is which kind of probate. It might be a very simple court process or it might be a... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: Can TN new neighbor change location of my easement if I have easement deed?
Anthony M. Avery
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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.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: My home was taken by my lien holder. I lived there for 20 yrs. I'm in Tennessee, how do i claim surplus money for the s

The property sold for 230k I owed less than 100k . This all happened July-Aug of 2023

Anthony M. Avery
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answered on May 9, 2024

Hire an attorney to sue the Trustee for the money. The surplus will not be as large as you think as the noteholder has all the discretion in adding up the total debt. You must sue fast, and collection of the judgment can be difficult.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: The location of our well was never disclosed. It's on the next door property.

We have owned the home for four years and just recently found out our well is shared and about 120' off our property. Do we have any legal recourse against the seller?

Anthony M. Avery
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answered on May 7, 2024

More than likely there was a Residential Disclosure Statement made by the grantors. Did you read it? Even if it lied about the waster supply, the 1 year SOL has passed. You need to search your title and the title where the well is situated. There may be a breach of covenant there, but it is... View More

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Lawyer had mother sign Life Estate deed for herself, but she didn't own the property.

My father willed the family home to me leaving my mother lifetime residency. He was the sole owner of the property. My mother's lawyer had her sign a Lifetime Estate deed for herself, but she wasn't willed the property. Everything I've read states there is a difference between... View More

Anthony M. Avery
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answered on May 3, 2024

Hire a TN attorney to search the title first. Unless the Will is Probated it means nothing. More than likely you are an heir. Dad's surviving spouse would be an heir also. If Mother was not a spouse, then she has no interest at all. You may need to file an Ejectment Action.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I'm a 3rd party interest in my house ( according to the mortgage companysince my dad passed away .

Mortgage company says they can't force me to pay it, but can still foreclose don't make enough to pay it

Anthony M. Avery
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answered on Apr 30, 2024

The Deed of Trust and Note appear to be enforceable. If the Note is not paid, the lender forecloses. You might want to sell the home now if there is any decent equity. Otherwise you might rent it until foreclosure. You are not personally liable on the debt.

1 Answer | Asked in Real Estate Law and Probate for Tennessee on
Q: If my father passed does his will over ride a life estate? In TN

Life estate says me and my brother are remainderman but the will issues everything to my mother. Can she do what she wants with said land?

Anthony M. Avery
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answered on Apr 22, 2024

Will means nothing until the testator dies and the Will Probated. It can always be changed. You might be interpreting the devises, bequests and residuary clause incorrectly. Father may want to execute a life estate/remainder deed now. If there are really the inconsistent transfers in the... View More

2 Answers | Asked in Real Estate Law for Tennessee on
Q: My deed includes a right of way through my neighbor’s adjoining land for the only available access to nearby public road

but has padlocked a gate blocking the right of way. What are my rights for unhindered ingress & egress?

Anthony M. Avery
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answered on Apr 19, 2024

Reciting a ROW in your Deed and/or chain of title means nothing. The Easement must be in the servient tenement's title. Hopefully you have an express Easement or at least by Prescription. You must hire an attorney to search both titles, and probably file suit to Declare or Enforce a ROW.... View More

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2 Answers | Asked in Real Estate Law for Tennessee on
Q: My deed includes a right of way through my neighbor’s adjoining land for the only available access to nearby public road

but has padlocked a gate blocking the right of way. What are my rights for unhindered ingress & egress?

Michael Joseph Larranaga
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answered on Apr 19, 2024

I agree that you need to hire an attorney to figure things out. If you have a real easement meaning everything checks out then you can get an injunction to stop them from locking the gate.

If you do not have a recorded easement then you have a big problem that you need to address with an...
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1 Answer | Asked in Real Estate Law for Tennessee on
Q: I want to add my wife to the title to our property here in Gallatin TN. Can I do that myself or do I need an attorney?
Anthony M. Avery
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answered on Apr 17, 2024

Hire a competent attorney to draft that Deed. There are several different estates that could be created, not just putting her on the Deed. Ask the lawyer for the choices, and if he does not know what to explain, go somewhere else. It should not cost more than $300. If there are any problems,... View More

1 Answer | Asked in Real Estate Law and Probate for Tennessee on
Q: Lawyer stated all interested parties were notified and they were not. Judgement has been decided. What are our options?

Relative died w/o a will. By law, there were over 10 heirs. One heir petitoned to become the adminstrator. Heirs received paperwork, that there was a hearing and the the 1 heir was made the administrator. Paperwork also states that all interested parties were notified of the hearing, but we... View More

Anthony M. Avery
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answered on Apr 9, 2024

What Judgment are you concerned with? Probate is a lengthy, difficult process. An Administrator was probably appointed and received Letters. Hire a TN attorney to represent you and possibly other Heirs and Next Of Kin. Alot of work has to be filed quickly by the fiduciary, and if not, a... View More

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Can a property management company demand that I pay Liability to Landlord Insurance where I'm renting?

I received a notice saying: Liability to Landlord insurance is limited to damage to Landlord's property arising from the perils of: fire, smoke, explosion, backup or overflow of sewer, drain or sump, water damage, falling objects, riot or civil commotion.

$100K limit; coverage is per... View More

John Michael Frick
John Michael Frick
answered on Apr 5, 2024

No, unless your lease agreement obligates you to pay for such insurance, the management company cannot simply demand that you pay it. You would have to agree with your landlord that payment for such insurance is part of your obligation under your lease.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Can you be granted a 2nd easement through another property because your current one is overgrown?

If you are a landowner petitioning the county for an easement through someone else's land, but you already have an easement through a separate piece of land and it is recorded in the deeds, can you be granted another easement though the other person's property just because your already... View More

Anthony M. Avery
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answered on Mar 15, 2024

No... A recorded easement needs to be in the servient tenement's chain of title, not in the title of the dominant parcel. You do not "petition the county". You must file suit, usually in Chancery. More than likely landowner wanting to use the ROW will need to go to Court... View More

2 Answers | Asked in Estate Planning, Family Law, Real Estate Law, Civil Rights and Criminal Law for Tennessee on
Q: My dad at 65, on 1/25/23 has $1,000,000 secured bond with a conditional release order. Wat happens to 130acers he owns?

We are not in contact, though I am his daughter. Last I knew he owned 130 acres and possibly some other properties. He’s Not married, me and my sister only kin .been in jail for over a year now, they won’t give me much info. Still No date to be sentenced, all I know is, it’s gonna be a grand... View More

Anthony M. Avery
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answered on Mar 11, 2024

Since it is a secured high bail, he may have made a property bond hypothecating the 130 acres. If so, the Clerk will foreclose the Deed of Trust if he breaches Bond Conditions. He should have an attorney that you can ask for sure, or search his title in Claiborne County. After conclusion of... View More

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2 Answers | Asked in Estate Planning, Family Law, Real Estate Law, Civil Rights and Criminal Law for Tennessee on
Q: My dad at 65, on 1/25/23 has $1,000,000 secured bond with a conditional release order. Wat happens to 130acers he owns?

We are not in contact, though I am his daughter. Last I knew he owned 130 acres and possibly some other properties. He’s Not married, me and my sister only kin .been in jail for over a year now, they won’t give me much info. Still No date to be sentenced, all I know is, it’s gonna be a grand... View More

James L. Arrasmith
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answered on Mar 11, 2024

In a situation like this, there are several factors to consider regarding your father's assets and your potential rights to them. Here are some steps you can take to gather more information:

1. Contact the county assessor's office: You can reach out to the Claiborne County...
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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Tennessee on
Q: What can I do about my neighbors using my shared driveway with a vacant residence? Can I legally block access?

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

Anthony M. Avery
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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

2 Answers | Asked in Immigration Law, Real Estate Law and Landlord - Tenant for Tennessee on
Q: A family friend signed a house loan for us now we want to sell the house but he wants 50% of the money.

I want to note i am not a legal citizen of the United States that is why our family friend offered to get us a house. We have lived in it for more than two years. We have had some problems with work and we decided one of our options was to move states. I let the friend know we were looking to sell... View More

James L. Arrasmith
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answered on Mar 7, 2024

I understand this is a difficult and stressful situation. Based on the information you've provided, here are a few important points to consider:

1. Legal ownership: If the house is legally under your friend's name, they are the legal owner of the property, even if you have made...
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2 Answers | Asked in Immigration Law, Real Estate Law and Landlord - Tenant for Tennessee on
Q: A family friend signed a house loan for us now we want to sell the house but he wants 50% of the money.

I want to note i am not a legal citizen of the United States that is why our family friend offered to get us a house. We have lived in it for more than two years. We have had some problems with work and we decided one of our options was to move states. I let the friend know we were looking to sell... View More

Anthony M. Avery
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answered on Mar 7, 2024

You will have to hire a TN attorney now to sue for a Resulting Trust, Notice Lis Pendens, and a TRO in Chancery. A Bond will have to be made to stop the sale pending litigation. You will have to put on evidence of your payments. It will be difficult and expensive. Otherwise you lose... View More

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1 Answer | Asked in Gov & Administrative Law and Real Estate Law for Tennessee on
Q: Why does TN Code Section 48-57-102, subdivision (a)(2) regarding demands for a corporate special meeting exclude...

...reference to the bylaws as in subdivision (a)(1)? Aren't requirements for meetings normally in a corporation's bylaws (as opposed to the charter, which I would understand to be the articles of incorporation)? Or, if a corporation's bylaws do address requirements for demanding a... View More

James L. Arrasmith
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answered on Mar 5, 2024

The Tennessee Condominium Act (TCA 66-27) governs condominium associations in the state. Per TCA 66-27-402, the bylaws of the association must provide for meetings of the unit owners/members. The bylaws are supposed to specify things like how meetings are called, notice requirements, quorum, voting... View More

2 Answers | Asked in Real Estate Law and Civil Rights for Tennessee on
Q: Bylaws were designed by the developer is there a time frame that bylaws must or have to be changed?

Bylaws were created by a developer however the current board is using the bylaws in place like a developer crippling homeowners rights

James L. Arrasmith
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answered on Mar 4, 2024

Bylaws serve as the governing documents for many organizations, including homeowners' associations (HOAs), and are typically established by the developer at the time of the community's creation. There is no automatic expiration date or mandatory timeframe for changing bylaws. Instead, the... View More

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