Lawyers, Answer Questions  & Get Points Log In
Tennessee Land Use & Zoning Questions & Answers
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
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.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: I have 2 trees sitting on my property line and I would like to put up a fence can I cut the trees down.

The trees are on the property line so they are on both properties.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 19, 2022

You will want to ascertain the Boundary as accurately as possible. Read your's and the adjacent owner's Deeds. Usually you will want to make the trees part of the fence, but you can probably cut them. But do not be surprised if a Boundary Dispute erupts.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: Neighbor built house either on my property or two ft away from the line. What are my options either way?

I am having a surveyor coming out. I did find out however my neighbor did not have a land survey before building the house.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 13, 2022

Apparently you do not know your boundaries at this point. Your allowing a house to be built on your land without protest will be used against you. Hire a competent surveyor now, then take the plat to a competent attorney. It will be difficult and expensive, with the minimum result of a Boundary... Read more »

1 Answer | Asked in Animal / Dog Law and Land Use & Zoning for Tennessee on
Q: do you have to have a certain piece of land for farm animals in tennessee or can you have farm animals on private land
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Apr 15, 2022

You can certainly have farm animals on private land, but you will need it fenced in. Livestock At Large is a crime.

1 Answer | Asked in Land Use & Zoning for Tennessee on
Q: Can my neighbor add fill dirt on his property to prevent water run off to back up onto my land?

My neighbor put 3 or 4 loads of dirt on his property to prevent the water run off to back up onto my land. The dirt is not on the county right of way it is all on his land. This causes the water to back up on my land whenever it rains. It is a county road but I do not know who paid for the tile.... Read more »

Bennett James Wills
Bennett James Wills
answered on Apr 7, 2022

From your limited facts, it sounds to me like your neighbor has created what's known as a private nuisance. His modification to his land has interfered with yours. You may need to sue him to abate the nuisance. Consult with local counsel to determine your options.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Tennessee on
Q: Sudividing paritition.1 lot (3,97) into2 tracts house on each par.deed recorded ,which metes bound are the legal descr

Description 3,97 or the 1.50 and 2.47 both done by surveys 1st unrecorded but state on warranty deed 2nd was recorded with in parity on deed which is legal

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 14, 2022

What is your question? There may be mistakes, but how does it affect you?

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Personal Injury for Tennessee on
Q: what can do when a neighbor cut down established trees and shrubbery on my property?

He had a boundary marker but he took it down and encroached on my property about 15 ft. taking down most of the boundary that took 15 years to establish. What can I do about it?

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jan 28, 2022

If your neighbor trespassed onto your property and removed landscaping; trees- the neighbor would be liable for damages for this.

1 Answer | Asked in Criminal Law and Land Use & Zoning for Tennessee on
Q: What is the code or statute in Tennessee for someone removing the iron pin and property markers on a lot?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Dec 14, 2021

TCA § 39-14-406 might apply to trespass destruction of a fence or gate... Survey monuments might involve Vandalism. No specific survey marker destruction crime exists in TN except State Boundaries. Survey Markers usually involve more than one landowner, so monuments are usually on common... Read more »

1 Answer | Asked in Land Use & Zoning for Tennessee on
Q: A non owner relative has put a shed he and dogs are living in on land with no electricity or sewage service?

This person does not own the land, does not have electricity or running water but have decided to clear out land illegally and set a shed he and his animals are living in. What can I do to have him removed to a more habitable place?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 4, 2021

Are you the landowner? If not then you have no standing to sue. Adverse Possession is very real. If you are the owner file a Detainer Warrant for Possession Only.

1 Answer | Asked in Real Estate Law, Civil Rights and Land Use & Zoning for Tennessee on
Q: I have a family member whom gave me property and has passed away. I have a notorized quit claim for it and never had it

recorded into the county. now im wanting to sell it. how do I go about doing this now they have passed. there are no other living relatives or family members either.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 9, 2021

Recording the Deed and paying Taxes on the property would be required. Someone else may be claiming ownership, so your Deed may be Champertous. Hire a competent attorney to search the Title and cure yours if possible.

1 Answer | Asked in Land Use & Zoning for Tennessee on
Q: Does a subdivision restrictions apply to the property line between a subdivision property and a non-subdivision property
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jul 7, 2021

Arguably yes. But it is doubtful that anyone would try to enforce such a restriction violation on the boundary line, especially without a recent survey. The non sd tract owner might want to back up a half a foot or so, and then construct whatever.

1 Answer | Asked in Estate Planning, Real Estate Law, Civil Litigation and Land Use & Zoning for Tennessee on
Q: I received a motion for publication in the mail in regards to the house i live in . Which the owner is deceased.

What's a notice by publication.

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jun 26, 2021

Notice by publication serves to give the person notified notice of the matter or proceeding when the party pursuing the matter isn't certain that they have the correct mailing or service address of someone. It sounds like you have received both actual notice and notice by publication (which... Read more »

1 Answer | Asked in Car Accidents and Land Use & Zoning for Tennessee on
Q: I live on a private road, I have an easement agreement so that I may go to my home. The neighbor behind me does not have

One however, it’s her parents that are constantly coming and going from her home past my home. Her father does not get out of the road. Today I was in the spot where I could not get over (big ditch) and he could and yet he kept coming and almost side swipped my car. My question is if he would... Read more »

Mr. James Charles Wright
Mr. James Charles Wright
answered on Mar 24, 2021

You have a number of issues here -

1. Easement- if the other people do not have an easement or right to enter - they shouldn't be using the area. However, over a long period of time they can gain rights - so whoever is the holder of the underlying easement needs to protect the...
Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: Do you need a jury trial or bench hearing for easement issue
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 25, 2021

Either party can initially demand a jury. However most Declaratory Judgment/Injunction Actions involving Easements in Tennessee are usually before the Chancery Courts without a jury. In Chancery, jury trials are sometimes held with the jury determining special factual issues. There are... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: Land, with no living owners, no one paying taxes on it, can someone else catch up the taxes and aquire the land?

Both owners have died and no one has claimed the land or paid taxes on it in at least 3 years. How can someone else legally acquire the property?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 8, 2021

A title search is a must here. Then you will know who the owners are now. Also contact the Tax Assessor about when a Tax Sale might occur. Ultimately you may be able to get a Deed from the owners or buy at the Tax Sale, for which you will need an attorney to actually put the property in... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: Joint land owner in TN. 1 owner now paying mortgage.

I purchased with a joint down payment land in TN (50/50 payment) however the joint owner is not making his payment of the mortgage. What legal recourse do I have to demand payment or file something to withdraw him from the deed?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 9, 2020

You will probably need to file an Action For Partition. Hopefully you all have some equity in the property, or it may not be ordered sold. Hire a competent Tennessee attorney. You could also make a small offer to buy him out and get a Quit Claim Deed back.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: an easement runs by my house and heavy traffic and speeding I have children, can i put a speed limit sign up?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 18, 2020

The County Commission sets speed limits and orders the erection of signage. Talk to your Commissioner.

1 Answer | Asked in Land Use & Zoning for Tennessee on
Q: I live in Fentress County Tn and have a cave on my side where cave is about halfway up side of cliff.

New neighbor who has contract on the house next door, his property runs next to my cave. He wants to cut down all trees.He told me he could not afford the house and wanted to bring in sawmill company to pay him to harvest all the trees on land. When it rains all rain goes down in this cliff with... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jul 6, 2020

You can file suit in Chancery to enjoin activity that will directly destroy your property. You are entitled to adjacent and subjacent ground support of your bordering lands. But it will be expensive, requiring experts, and you will need a competent attorney to try it. Injunctions will also... Read more »

1 Answer | Asked in Land Use & Zoning for Tennessee on
Q: A builder wants to run his personal utility lines through my property against my protestations, can I prevent this?

The builder has purchased land behind my property to build his personal residence, and rather than follow the road to install his utilities he wants to cut through my property to shorten the distance and cost of installation. I've informed him we will not allow this action, and he is... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 30, 2020

You will need to hire a competent attorney now to conduct title searches on each tract. Then request Chancery to issue an Injunction after you post a Bond. It will be expensive and difficult, and you could lose due to his necessity. Once the lines go up, you have effectively lost.

1 Answer | Asked in Contracts, Real Estate Law and Land Use & Zoning for Tennessee on
Q: I purchased a home out of forclosure in October 2019. Who owns a small building in my backyard?

My neighbor, who also owned owned the home in the past, put a no trespassing sign on the door the day I purchased. The building sits extremely close to the property line if not splitting it. I had the tax record pulled and the building has been on the tax record for my lot since the house was built... Read more »

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jun 22, 2020

If the neighbor has cut the power, and put up a no trespassing sign- if you intend to maintain a claim to the building (and the property it is on- you will likely need to hire an attorney to pursue your interests. Boundary disputes are tough. If the building was erected by the owner to your... Read more »

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.