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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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answered on Aug 18, 2020
The County Commission sets speed limits and orders the erection of signage. Talk to your Commissioner.
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... View More
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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... View More
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... View More
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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.
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... View More
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... View More
Her new mobile home on said property in 2010. This property has 2 separate lots for 2 separate homes with electric at both locations but only water for main dwelling. In 2011 I purchased a mobile home and placed it on my 2nd lot & negotiated the same terms for family that my dad set which was... View More
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answered on Jun 18, 2020
I assume you filed a Detainer Warrant, which the Defendant is appealing de novo to Circuit. With this he will need to post a Bond, which you need to argue the amount of. His paying taxes may allow him to claim it, but that number of years does not give him a presumption of ownership. Adverse... View More
answered on Apr 8, 2020
It looks like you already have an idea - you correctly chose Land Use (going to the issues of the types of activity the land is zoned for). Depending on what your issues are, you could possibly benefit from someone who has insight into additional categories (Real Estate, if your matter is based... View More
My condition is stable and I live on my own.
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answered on Feb 24, 2020
Not sure of your question. But the only way you will set aside that conveyance is for the Grantees, and now owners, to convey it back to you. I suggest a Life Estate/ Remainder Deed.
The couple who owns the property is going through a divorce and planning to sell the property soon, but has not yet listed it. Should I approach them before they put it on the market?
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answered on Feb 3, 2020
You can make an offer now, while both own it. But it will not be simple, as you need a survey, and may possibly have to work out an easement. You need a title search first. After you do all this, the conveyance may not be made.
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answered on Jan 20, 2020
Absolutely. A TN Registered Licensed Land Surveyor has a License to allow him to survey virtually anywhere in TN. He is not trespassing. Obviously every landowners' property has common corners to someone else's land.
I bought land from an individual who never went and filed the easement I actually didn't even know what an easement was until I put the land up for sale on the market and the realtor needed a copy of it I had to worry the original seller for four months just to get it and the original easement... View More
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answered on Dec 9, 2019
I doubt the seller can get owners of other properties to execute a Deed of Easement for the benefit of your land. Suing for breach of warranties will be useless also. You probably have no choice but to either file suit in
Chancery Court to have an Easement Declared (which will be... View More
What does this mean?
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answered on Dec 5, 2019
I do not know what "29" is, but wetland means you can do nothing with a generally defined area of the property. It sounds like TVA has run their easement very carefully. You may not wish to buy t he property. Or you might hire a competent attorney to conduct a title search, and... View More
I bought land from an individual last year, I paid cash money & she ensured me that she could type of the deed. Me not really knowing the importance of the lawyer(but I do now !!) I said ok & she did so. I went to courthouse & filed it. 6 months later I decided to sell through a Realty... View More
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answered on Dec 5, 2019
You have not identified what your problems are. But I suspect access to the property and derivation of title will be definitely part of your title problems. This was not something to do without a lawyer. Even if you are able to sue for breach of warranties, it is doubtful it will actually help.... View More
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answered on Nov 6, 2019
Usually that area is part of the Highway Right of Way, even though it may not be paved or traveled upon regularly. Sometimes TN DOT maps will disclose this. At the very least the public has the area dedicated to them and/or the public has a prescriptive use easement over it. If it is a large,... View More
development projects that add even more traffic to the same street without any improvements and traffic accidents increase as a result of overly congested streets, could the city be held liable for injuries and damage to vehicles since they knew the street was over capacity but continued to... View More
answered on Oct 23, 2019
You raise an interesting point, and in a textbook-type analysis, your argument would be strong. But in reality, this takes everywhere, and most courts would not be likely to consider such arguments. Most courts would limit their analysis to the immediate parties at hand. Good luck
Tim Akpinar
The HOA that I am a member of has restrictive covenants, and no expiration date is listed on the document. The covenants appear to run with the land, as most of the subdivision is still just land, and not many homes are built yet. Are the covenants permanent, or does Tennessee code have something... View More
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answered on Sep 24, 2019
Generally speaking covenants running with the land are perpetual. The Master Deed may have some limitations or the HOA may fall into disarray. They may become unenforceable, but are not rescinded per se, as once they are out there, it is forever. You might try to transfer in violation of them... View More
My land when he said he would not dig up my land and if did would let me know,. He took the chain link fence down 30' that's been up for years without my permission, to bring in bulldozer/grader.for building a drench. he could of taken down his fence since he owns the property . I asked... View More
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answered on Aug 30, 2019
You have a Boundary Line Dispute, and actions for Trespass and possible Tort Damages. You probably need a competent attorney to perform title searches on both properties, and may need a boundary line survey. All of this is expensive, and you will probably recover very little but defend your... View More
My husband noticed that a section of the barbed wire fence between our rental property and the neighbors field had a section missing and there were tractor tire marks in our driveway and grass. He texted our landlord and he said yes he gave the neighbors permission to do so. This morning I watched... View More
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answered on Aug 19, 2019
You are not the owner, and the owner can grant easements and licenses.
You might claim the traffic is interfering with your exclusive possession and use of the Leasehold, but what would be your damages? By the time you went to Court, your Lease would be over or the Landlord would... View More
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