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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 
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
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
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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
Can I just copy a set of restrictions and use them without filing with the deed.
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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
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
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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
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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.
The trees are on the property line so they are on both properties.
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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.
I am having a surveyor coming out. I did find out however my neighbor did not have a land survey before building the house.
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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... View More
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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.
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.... View More
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.
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
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answered on Mar 14, 2022
What is your question? There may be mistakes, but how does it affect you?
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?
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.
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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... View More
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?
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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.
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.
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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.
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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.
What's a notice by publication.
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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... View More
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... View More
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... View More
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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... View More
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?
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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... View More
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?
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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.
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