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Tennessee Land Use & Zoning Questions & Answers
1 Answer | Asked in Environmental, Land Use & Zoning and Real Estate Law for Tennessee on
Q: I have a creek on my property, approximately 3-5ft deep, and I want to dig out a watering hole for livestock. Can I ?

I am currently in the process of fencing in an area that encloses a section of the creek on my property. The creek has a wide location where a secondary stream once ran around a dune, but now it's back down to the one main creek bed. I want to dig out the dune area, and open this naturally... View More

Anthony M. Avery
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answered on Jan 1, 2019

Your downstream Landowners are the ones that might give you problems. If your pond stops the water flow of the creek beyond your property, then the adjoining Landowners may possibly sue you for Damages, an Injunction, Declaratory Judgment, etc. It may even be a benefit to the downstream... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: A corporation just bought the three neighboring houses next to mine with intentions to put a hotel on the properties.

A corporation just bought the three neighboring houses next to mine with intentions to put a hotel on the properties. What options do I have, as this will not only be a nuisance, but create traffic issues, make the area unsafe (due to the type of people it will potentially bring in), and... View More

Anthony M. Avery
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answered on Dec 28, 2018

You will want to check the Zoning Class of each Parcel. If the Zoning does not allow the correct Commercial Use, complain to the Codes Officer, Zoning Commission and the County Mayor. Filing suit for an Injunction will be very expensive and difficult, and will probably fail.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: I have a property with an ingress/egress easement for the drive that is already there.

Once the drive is in place can it be used by both myself and the easement owner legally since I own the land?

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Oct 22, 2018

Not enough information provided to accurately answer-This depends on the wording of the easement-unless it is specifically restricted in some way, the landowner can still use the property as long as the intended purpose/use of the easement is not unreasonably interfered with.

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Tennessee on
Q: Is a landlord required to give a place to live if the house they are living in becomes non residential?
Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Jun 21, 2018

Your question doesn't include enough details to truly provide an accurate answer, but unless there is a written lease that says otherwise, I would say probably not. If some zoning board or governmental entity has changed the residential status of the property, that is no the landlord's... View More

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Tennessee on
Q: My landlord was mowing the yard and accidentally hurled a rubber mallet through my window. What should I do?

I had just left the bedroom and glass went all over me and my kids beds. The hammer could have potentially hurt or killed someone and the glass could also have done damage to someone. Who can I tell about this, or what can I do to maybe get this resolved or compensated? All the landlord told me was... View More

Bennett James Wills
Bennett James Wills
answered on Jun 6, 2018

If no one was injured the only recourse is to have the landlord replace the window, which you said they'll do. Unless someone is damaged or hurt, there's no legal recourse.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: I live in Tennessee. My HOA is making rules that I feel are unreasonable. What can I as a homeowner/ they do as an HOA?
Bennett James Wills
Bennett James Wills
answered on Jun 6, 2018

Attend meetings and voice your opinion. Vote. Join the HOA. There are several things you could try to do. Without more info, one can't tell if you have any legal recourse. Unreasonable and illegal are different. Consult local counsel.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: If a piece of property was given to the prior owners of a lot does the property line shift to the original distance?

The previous owners of my property gave 1 foot of the property to the previous owner of our neighbors property. The new owners of that property are now claiming the property line shifted an extra 2 feet off the "new driveway slab" they however put the backyard fence on the original... View More

Anthony M. Avery
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answered on May 25, 2018

You have not stated how the gift of 1 foot was made nor how long ago. These questions must be answered and will determine wheter you have Acquiesed to the new asserted boundary line your neighbors are claiming. More than likely both sides have Acquiesed to the Fence as is.

A suit to...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: How do I get an easement lifted the city of Morristown is the owner of it. Would I need an lawyer?

I bought a house in 2015. It was supposed to have a nice front and back yard. There is around 40 to 50 feet in front of the house which is big enough. Just completed a survey to find out that 40 feet of the front yard is an easement for the city. Which leaves about 2 feet of land in front of the... View More

Anthony M. Avery
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answered on Mar 30, 2018

You cannot get the Easement of a City "lifted". You could try to convince the City Commission and Mayor to give you a Quit-Claim Deed, but it would be futile. The land is yours subject to the Easement, so you can put up a fence, etc. But when the City wants to work on a sewer or... View More

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Tennessee on
Q: bought a piece of property said it was 16 acres. After closing we got the survey. It was just less than 14 acres?

I feel like they stole from us. It was never mentioned at closing, that it was less. And the only reason we found out , was we asked for the survey. This happened in October 2017 , and now it's March 2018. I want the acres that they took . We need those acres to help with the taxes. and... View More

Bennett James Wills
Bennett James Wills
answered on Mar 23, 2018

Consult with a local attorney. Your purchase and sale agreement will control the rights and obligations of the parties. You may need to file a lawsuit to correct a deed or pursue some other type of relief.

1 Answer | Asked in Estate Planning, Real Estate Law, Land Use & Zoning and Small Claims for Tennessee on
Q: We live on a private road,never having a problem with driving in or out, then came our neighbors.

It has been about 8 months and we’ve been stuck on our property unless we walk .75 miles to the black top and get a ride. They made it where not even an ambulance or police could get back here if we needed help. My husband is disabled what can we do legally?

Anthony M. Avery
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answered on Mar 12, 2018

You should first conduct extensive title searches of both yours and the neighbors' properties. Hopefully there may be at least a mention of a Right of Way or Easement. There may be something that you can do to the neighbors within your rights. But without an Easement, express or... View More

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for Tennessee on
Q: There are no leases where I am currently renting. The tenant next door has made his apartment into a barber shop. I have

Told both of my landlords and neither have responded to my texts. It is causing a lot of traffic in and out and taking my parking space. Is there anything I can do to stop this?

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Oct 16, 2017

If there is no lease, then there are no restrictions on the use of the premises. It also means you are not locked in to a definite term, so you can leave whenever you want, ( provided you give the appropriate prior notice to the landlord.)

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: 15 years later can a neighbor ask for 1.3 feet of property back that my fence has been on. Can we use adverse poss?

Fence was on property 15 yrs ago when purchased. Now neighbor claims he never knew we had 1 foot of his property and wants our fence removed that we did not even put up. Previous owners put the fence up with the neighbors acknowledgement

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Jul 21, 2017

Sorry, but your question is too complicated to answer in this limited format without extensive addition information. Adverse possession requires 20 years, but in some situations, one can acquire a "defensive" title after only seven years. The actions of the previous owners are very... View More

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1 Answer | Asked in Estate Planning, Land Use & Zoning, Legal Malpractice and Real Estate Law for Tennessee on
Q: Is wholesaling real estate legal in the state of Tennessee?
Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Jan 3, 2017

Sorry, but you haven't provided enough information to understand your situation. Please explain what you mean by "wholesaling." Generally, a seller can sell to whoever they want. Buyer and seller are free to agree on all kinds of terms.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: I won 16 acres and my neighbor that is land locked has use of a road in our lower field to access his home. He wants to

make some major changes to our gravel road like bringing in heavy equipment to dig up the road and place large rocks then gravel. We maintain this road, we use this road, we own this road going across our property. There is no right of way or easement in the deed. We have repeatedly told him that... View More

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Nov 21, 2016

If you own the property, all he has is an "easement by necessity". In other words, he has the right to use the road for access, but he can't 'increase the burden" on your property. He can maintain what is already there, but he can't widen, or improve it. It sounds like... View More

1 Answer | Asked in Land Use & Zoning, Real Estate Law, Small Claims and Landlord - Tenant for Tennessee on
Q: can someone charge me rent if they arent the owners of my house yet. they still owe me 80k and want to charge me rent?

I just sold a home to some investors who approached me to buy my house. I did sell it to them under special circumstances that my father lives there until he passes,but I want 100k down to be able to invest in other things. Now they are trying to charge me 750.00 USD a month each month while he... View More

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Jul 19, 2016

No lawyer can give you an accurate answer to this question without reviewing the contract and documents which you signed at the closing of this transaction. If your father has a "life estate," ( the right to live there for the remainder of his life) then he is, in effect the owner of the... View More

2 Answers | Asked in Land Use & Zoning for Tennessee on
Q: The City of Jackson Tennessee is on a mission to steal property in low income areas by using the City codes enforcement

The city is using the codes enforcement department to force property owners to spend money to fix a house or the the city tears it down with a city owned track hoe. I view this as an abuse of power. What can be done

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 27, 2015

Seek the advice of a local attorney collectively.

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1 Answer | Asked in Land Use & Zoning for Tennessee on
Q: If I own wooded land, am I able to place a trailer home on the property?

I plan to buy land in state of TN, I would like to place a trailer on the property. Including a septic and solar power.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 3, 2015

You should, before you agree to buy the property, ask the code inspector from the local jurisdiction (county, city, or the like) you are in. Get the answer in writing.

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