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
answered on Jul 24, 2019
Depending on more facts, yes they could be. I recommend you consult with an experienced construction law attorney to determine what your legal options are in this situation. Good luck.
This was reported to codes a couple of months ago, but the drainage on my property is getting worse not better.
answered on Jul 23, 2019
The law describes this as a "nuisance" - this is a legal term beyond the normal meaning of just an aggravating situation. Take lots of pictures of the existing problem , and hopefully there are other witnesses in addition to you who can describe how the development of the subdivision has... View More
A variety of infractions from above ground pools, parking RVs and boats permanently in driveways, commercial vehicles at home every night and failure to keep unimproved lots mowed. We feel this is all impacting our own homes value. We bought expecting the rules to apply to everyone.
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answered on Jul 22, 2019
You and other affected landowners can sue the offending landowners.
Normally you would sue for a Mandatory Injunction in Chancery Court.
But why? No damages are recoverable and you are talking about suing alot of your neighbors. Subdivisions are a bad place to buy to start with,... View More
Having minor children. And doing all repairs myself
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answered on May 23, 2019
The Bank will take subject to your status as a renter. But it is very easy to declare you in default and file a Detainer Warrant on you. You get served then go to Court. If not out after 10 days , the Bank will get a Writ of Possession issued and executed by the Sheriff. The Bank is the owner... View More
A week after closing my realtor sends me a message from the seller stating they took out the septic tank and I can’t find any documents. Is this legal? And if not how can I go about getting this corrected.
answered on Mar 6, 2019
This is too complicated to answer without reviewing your contact , any disclosures and the closing documents. It may be that some misrepresentations were made during the sale, and if so, you may be entitled to rescind the contract ( give the land back and get your money back) or alternatively, you... View More
There was almost 600 acres there and i owned part in every bit of it. Well I recwntly moved back into town and heard that my mom has sold all of the land and my siblings got the suarw of money that was rightfully theirs, but I was just completely cut out all together. There is probably 600,000... View More
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answered on Feb 15, 2019
You have only stated you got an ownership interest in the Property from your Grandmother. However you have not stated how this came about, such as a Deed, Will or an Inheritance. You will need a Title Search at a minimum, and possibly an Affidavit of Heirship. If you are actually a Tenant In... View More
I live in Tennessee
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answered on Jan 21, 2019
Apparently you have the Dominant Estate and enjoy an Easement over the Servient Estate. Try to find who the responsible taxpayer is from the Tax Assessor and his address. You probably can rebuild the right of way, but do no expand it beyond what you already had or what an appurtenant Easement... View More
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