Lawyers, Answer Questions  & Get Points Log In
Tennessee Land Use & Zoning Questions & Answers
1 Answer | Asked in Elder Law, Estate Planning, Land Use & Zoning and Real Estate Law for Tennessee on
Q: For nursing home care will Medicaid look at the purchase of two plots of land individually or together for FMV?

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

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Land Use & Zoning and Animal / Dog Law for Tennessee on
Q: Livestock Roaming At Large Summons filed against my neighbor—Can I request restitution for damages to landscaping?

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.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Agricultural Law and Land Use & Zoning for Tennessee on
Q: I own a farm inside of a city. They have changed the zoning from agriculture to residential without my knowledge.

I still farm the land and the city says i can not build a new barn. Can they rezone my land?

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: What should I do if a chunk of my land is being used for farming?

I have an acre in a rural area and I've lived there for about 4 years. I just now got my property surveyed and discovered my property goes back farther than I realized. I have farm land all around me and it seems like part of my land has been incorporated into the land behind me thats used for... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2023

You and your predecessors in title have probably acquiesced to a new boundary between the adjacent tracts. Apparently you did not get a survey prior to the deed execution. If the boundary is ascertainable on the ground, you have probably lost regardless what your legal description says. But... View More

View More Answers

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Gov & Administrative Law for Tennessee on
Q: TN. My house # is preventing me from selling it. It is 666. Can I sue to change it? 911 is in charge & said no.

I asked 911. They said only 2 houses need to be changed to stay in numerical order. My neighbor said no & 911 said they want them to agree. No 666 numbers are ever assigned. Buyers say no based on the 666 address. Help. I need to have it changed to move. Is there anything I can do legally? I... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2023

Different Counties handle 911 and zoning issues differently. Hire an attorney in the applicable County to ask for the change in street address. Provide an appropriate alternate address. You may have to go before a County Commission or a Zoning Board. The County Mayor will probably be... View More

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Probate for Tennessee on
Q: Can a life tenant cut down trees to sell as firewood for profit in tennessee?

Is that considered as waste?

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 5, 2023

There is no simple one-size-fits-all answer to your question. It might be waste. It might not be waste. Sometimes cutting down trees constitutes an improvement to the property. Other times not. And improvement or not is not the only factor that must be considered.

To answer your...
View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Tennessee on
Q: I bought land that has 2 easements on a lake. One is for ingress/egress via 25'w 60'L to waters edge,

The 2nd easement says under no conditions does property line prevent me from full use and access to my property's lake frontage. Nasty neighbor has blocked both from me. What can I do.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 22, 2022

You will need an attorney to sue in Chancery for an Injunction against their interference with your lawful use of the Easement. A title search of both adjoining tracts should be made first. Almost no chance of money recovery. If you do nothing, you lose the row.

1 Answer | Asked in Real Estate Law, Construction Law and Land Use & Zoning for Tennessee on
Q: What legal claim, if any, do we have against the builder?

We are waiting to get back topo + boundary surveys but, according to the GIS, our brand new build (and all our neighbors brand new builds) were built on (or *way* over) each other's property lines. It's not like the builder got the whole plan shifted x amount of feet, everyone's... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 9, 2022

Either a 3 year or 4 year Statute of Limitations probably applies to your cause of action. Hire an attorney now to examine the builder's, seller's and/or surveyor's negligence. Hopefully you have not busted the SOL. Boundary Line Agreements for adjoining landowners are... View More

1 Answer | Asked in Land Use & Zoning for Tennessee on
Q: My brother owns cows that are on my land and he has been inviting people to see them.If someone gets hurt can they sueme

I'm worried I can be held liable since it's my land

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

1 Answer | Asked in Land Use & Zoning for Tennessee on
Q: I have new neighbors...been fighting with them over the property line...I had it surveyed!!! they took down a fence that

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

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Tennessee on
Q: I have 10 acres of land I've had an easement for years it's the only way I can way I can get to my land.My grandma owned

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.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

1 Answer | Asked in Land Use & Zoning for Tennessee on
Q: Is it ok for someone to build concrete retaining wall on surveyed property line?
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Tennessee on
Q: Can I erect a barrier across my driveway, which is not shared and not within city limits, in Tennessee?

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?

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

1 Answer | Asked in Real Estate Law, Business Formation, Business Law and Land Use & Zoning for Tennessee on
Q: Can my real estate partner sell the property which we built and I operate my small business on? What are my rights and

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

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

1 Answer | Asked in Bankruptcy, Real Estate Law and Land Use & Zoning for Tennessee on
Q: We have deed restriction that prohibits any development on our golf course. Can a judge cancel it?

The golf course is in bankruptcy and they told us the bankruptcy judge can reverse the restriction. Can a judge do that. Also the golf club owners are threatening suits if we POA do not lift the restriction. If the restrictions are lifted we fear they will build condos and who knows what else!

Timothy Denison
Timothy Denison
answered on Mar 1, 2023

Very doubtful that the bankruptcy judge will get involved in changing the restriction.

1 Answer | Asked in Land Use & Zoning for Tennessee on
Q: Someone bought property next to my driveway. They included my private driveway as as easement on their deed.

Their was a Warrant deed in place to my father in law and it is now our Tract 2 on our deed. The county’s tax accessor graph picture was wrong and he used that picture to have a deed made and for the 1st time called it an easement. The property he bought did belong to an uncle that passed away.... View More

Bennett James Wills
Bennett James Wills
answered on Oct 17, 2022

The best way to determine where boundary lines are is to use a proper survey - not a tax map online. If his deed shows encroachment, even if an easement, then you run the risk of a future adverse possession claim. Consult an attorney to review the deeds to determine your options. You may need to... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: Do I need title insurance if I can get a warranty deed for a land purchase?

I want to purchase land in Tennessee on a mountain where the drive to the property is a few miles of gravel road put in by the land developer. The road is NOT county maintained. The title company has heard the developer plans to file bankruptcy and is no longer maintaining the roads.... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 27, 2022

Title Insurance only covers a few problems, and never ensures that the access is maintained. Many Title problems that may arise are not insured risks. And making a valid claim on a policy is very difficult. Have you searched the Title yet, or even actually read the legal description and... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: Do restrictive covenants have to be filed with a property description?

Can I just copy a set of restrictions and use them without filing with the deed.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 27, 2022

No legal description of the encumbered property must be recorded with the legal description. However some type of notice to the world where the restrictions apply should be of record, as otherwise the covenants will be worthless and unenforceable. Hire a competent attorney to at least draft a... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Tennessee on
Q: I just built a new home in Tennessee. After construction was finished a trailer park comes in.

I just finished building my new home. In front of my house a man is bringing in a trailer park. There is going to be 5 trailers in a 2.5 acre lot. This will make my value of the home go down can I sue for making my resale value go down. I had no idea this was going to happen or I would have not... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 17, 2022

You might check the Zoning of the Tract for compliance. Septic Systems for 5 MHs on a couple acres might be a problem. If in violation, call the County. Or there may be a change in zoning going on now where you oppose it. You definitely want to check Access to that Tract, which may directly... View More

1 Answer | Asked in Land Use & Zoning for Tennessee on
Q: I inherited property with a storage building that a relative claims ownership of. Can he take or sell it?
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 23, 2022

It is possible that he can prove ownership. Just because it is on what is your land does not mean it is a fixture. It may be easily moved. Either party may possibly sue for conversion depending on what happens.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.