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Tennessee Questions & Answers
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

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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 Criminal Law, Civil Rights and Constitutional Law for Tennessee on
Q: What do I do if I have been going to court for almost two years on a charge I got in 2022 I have asked for speedy trial

I have asked for fast an speedy trial several times since the day I was arrested

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answered on Mar 14, 2024

If you have been going to court for almost two years on a charge from 2022 and have requested a speedy trial multiple times, here are some steps you can consider:

1. Consult with your attorney: Discuss your concerns about the delay in your trial with your lawyer. They can advise you on the...
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1 Answer | Asked in Domestic Violence and Criminal Law for Tennessee on
Q: My ex was arrested for domestic assault and called me from jail for 2 days after judge gave order of protection.

She was charged with violating said order by calling me from jail. What is the punishment for this.

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answered on Mar 12, 2024

Apparently you are the victim, which she was not supposed to contact. You should have known that and should have hung up. Now she has probably violated bond conditions and could easily remain in jail pending trial. I recommend she get an attorney, and both of you keep quiet. Her lawyer can... 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

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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 Banking, Business Law and Constitutional Law for Tennessee on
Q: Do banks have to provide documentation if requested?

Cashapp put a temp hold on $309.09 and then never released it. They keep telling me it was put back into my account but will not provide documentation of this. And I have requested it 5 times now.

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answered on Mar 11, 2024

Yes, banks and financial institutions are generally required to provide documentation related to your account upon request. This is part of their responsibility to maintain accurate records and to provide transparency to their customers.

In the case of Cash App, which is a financial service...
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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

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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

1 Answer | Asked in Civil Rights and Consumer Law for Tennessee on
Q: Company willingly shared my info with another customer , can I sue

A car wash that I have a membership with made a billing mistake. This is in a city that I have never visited. The manager sent a screen shot of my entire account to the other customer (manager admitted it ) and said I used his card which is absolutely incorrect! There would be no way I could even... View More

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answered on Mar 8, 2024

In your situation, where a company has shared your personal information without your consent, you might have grounds to pursue legal action. Privacy laws in many jurisdictions protect individuals' personal data, and businesses are typically required to safeguard this information. If the... 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

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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 Criminal Law for Tennessee on
Q: What does an assault with bodily injury charge

My friend we to the neighbor's house to retrieve some clothes that belong to her cousin they started arguing any yelling so I went down there when I walked in she coming to me and swung a bat and I threw my arm up and blocked it and then I defended myself but then I went home and then called... View More

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answered on Mar 6, 2024

That will probably be a Class C Felony charge for Aggravated Assault. You need to hire an attorney to represent you and possibly lower the Bond if possible. In any event, be ready to make Bond prior to your arrest. Then you need to get ready for a Preliminary Hearing. Do not talk about... View More

1 Answer | Asked in Estate Planning, Civil Litigation and Probate for Tennessee on
Q: Will Attorneys construe what a litigate is trying to say?

I intend to stop a partition by sale. I have my memorandum of points and authorities in video form, that were court recorded from previous proceedings. I discovered multiple oversights therefore I would like a motion to stay pending appeal. I seek an Attorney that will listen to what I am saying,... View More

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answered on Mar 6, 2024

Sale for Partition Actions are generally a statutory right. There are sometimes defenses, but usually only comprise surcharges amongst various parties against their share of the net common fund. You will need to file a written pleading and an interlocutory appeal will almost surely be futile.... View More

2 Answers | Asked in Internet Law and Consumer Law for Tennessee on
Q: Can I sue for a dealership ruining my cars value by digitally posting to Carfax an estimated trade in value incorrectly?

I called a Dealership 5 hours from me, In another state. Regarding a used Mclaren I was interested in test driving. (mainly because I wanted to see if the suspension was more comfortable than mine) -- On the contingency that I trade in mine. I spoke over the phone regarding my car's specs,... View More

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answered on Mar 6, 2024

If a dealership has posted an estimated trade-in value for your car to Carfax that you believe inaccurately reflects its true market value, you might feel concerned about the potential impact on its perceived worth. Inaccurate reporting can indeed influence the opinions of future buyers or... 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

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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

1 Answer | Asked in Criminal Law for Tennessee on
Q: A person was sentenced to 180 days supervised probation 30 days at 75 percent incarceration for driving on revoked for d

A person was sentenced to 180 days supervised probation 30 days at 75 percent incarceration for driving on revoked for Previous dui and has been released but has a hold from a different county for vop 40-35-311 charge. 900 dollars of 1250 have been paid in fines to that county what is possible... View More

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answered on Mar 4, 2024

The County Sentence with the VOP is what you need to be concerned with. He might have to serve time there for the remaining Sentence or he might get more time to pay in full. He can ask to have jail time counted, but it is not mandatory for the other charging County to give jail credit.

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

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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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1 Answer | Asked in Business Law for Tennessee on
Q: HowLong can a board member be on the board ?

We have a board member who controls the board and has for seven years no elections self appoints other to be on the board

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answered on Mar 4, 2024

The length of time a board member can serve on a board largely depends on the organization's bylaws or governing documents. These documents typically outline the terms of board members, including how long they can serve and the process for elections or appointments. If there are no term limits... View More

1 Answer | Asked in Small Claims for Tennessee on
Q: Is an iPhone bought for someone considered a gift? If I don’t return it, is it theft?

While in a less than 2 month relationship with a man, he bought me an iPhone 15 Pro Max. He wanted to rush the relationship more quickly than I was comfortable with, so it abruptly ended. The iPhone was a gift and he’s since suspended service. He is threatening legal action if I do not return it.... View More

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answered on Mar 1, 2024

In Tennessee, as in many jurisdictions, an item given as a gift is typically considered the property of the recipient. For an item to be recognized as a gift, it must meet certain criteria: there must be an intention to give the item as a gift, delivery of the item to the recipient, and acceptance... View More

1 Answer | Asked in Personal Injury for Tennessee on
Q: My brother was in a accident in 1997 that left him a quadriplegic, my mother has taken care of him since then and the

Insurance company pays her 1044.00 a month. It has never increased she has gotten to old to continue and I will be taking over what are my legal rights for more pay

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answered on Mar 1, 2024

Taking over the care of a family member who is a quadriplegic is a significant responsibility. The financial aspect, including the payment from the insurance company, is crucial for ensuring that your brother receives the care he needs. If the monthly payment of $1,044 has not increased since 1997,... View More

2 Answers | Asked in Criminal Law and Civil Rights for Tennessee on
Q: can a felon be charged with possessing a firearm that he found and weas going to turn in but got pulled over

the gun had no firing pin no barrell no slide no safety mechanisim it was just the shell

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answered on Feb 28, 2024

Metal part with serial number is the firearm. Inability to operate is irrelevant. Felon knew he should not touch it. Hire a competent attorney; work at least full time; keep quiet (this is a public forum); stay out of trouble; and hire an attorney. There are other lesser charges... View More

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