Tennessee Real Estate Law Questions & Answers

Q: What can I do if someone attaches a hose to my house without permission multiple times a month

1 Answer | Asked in Civil Rights, Consumer Law and Real Estate Law for Tennessee on
Answered on Feb 18, 2019
Anthony Marvin Avery's answer
If he owns the House, then yes, he can run a water hose to it anytime. You may wish request a surcharge on your Rent from the Landlord, but there is little you can do outside of leaving the Leasehold. If the water use was enormous each month, then this might be considered a Constructive Eviction by the General Sessions Court, but it is doubtful.

Suing the Owners for utility expense will result in a countersuit for rentals and damages.

Q: Does the buyer pay the taxes or the seller? Buyer has occupied the house for a year and still making payments.

2 Answers | Asked in Real Estate Law for Tennessee on
Answered on Feb 18, 2019
Leonard Robert Grefseng's answer
There is no set rule of Tennessee law on how a buyer and seller handle payment of property taxes- it is something that can be negotiated. Do you have a written contract of sale with is buyer? If so, read it carefully- it sounds like the buyer may have already breached the contract if he did not pay as was agreed. If there is no written contract, YOU, as the owner of the property risk losing the property if the taxes are not paid. Consult an experienced real estate lawyer in Missouri for...

Q: My grandma passed and left alot of land to my mother, brother, sister and I.

2 Answers | Asked in Land Use & Zoning, Real Estate Law, Estate Planning and Family Law for Tennessee on
Answered on Feb 15, 2019
Anthony Marvin Avery's answer
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 Common or Remainderman, then you will have to sue everybody involved in Chancery. The Action will probably be an Ejectment Suit which is very difficult. All interested Parties must either be...

Q: Can my HOA disregard the terms of my discloser notice to prorate their bill and charge me late fees before i move in?

1 Answer | Asked in Real Estate Law for Tennessee on
Answered on Feb 14, 2019
Anthony Marvin Avery's answer
You are pretty much at the HOA' s mercy. As the owner of a condominium, you are subject to a ton of restrictions and fees. If they sue to execute on the lien, or worse, just conduct an execution sale, then you either satisfy the lien or file a very expensive Chancery Suit for a Declaratory Judgment and Injunction. The usual way of dealing with this is to acquire other owners to back you running for a position on the HOA.

Q: Real Estate Question on the Listing Extension Agreement Contract: 2 Owners, only 1 signs extension; 2nd owner refuses

1 Answer | Asked in Contracts and Real Estate Law for Tennessee on
Answered on Feb 13, 2019
Anthony Marvin Avery's answer
The Owners as Tenants In Common should file a Complaint for a Sale for Partition. If the Real Estate Agent feels cheated, it is up to him to file suit.

Both Owners must agree to sell or there is not Real Property Conveyance. Both must sign the Deed or one of them should hire a competent attorney and file for Partition.

Q: Parents defaulted on mortgage in TN. Bank now wants to sue them for different of short-sale, they have no money to give.

2 Answers | Asked in Foreclosure and Real Estate Law for Tennessee on
Answered on Feb 6, 2019
Anthony Marvin Avery's answer
You should not have sent them any further financial and asset information. The Bank will sue them for the Note Deficiency, which will include alot of penalties and attorney fees. After the Bank gets a Judgment, it will use the information to execute on your Parents' assets. They should start protecting their assets now, and possibly hire a competent attorney to advise them about collection methods and exemption rights.

Q: can someone take pitcure of your house or your proputy with out asking

1 Answer | Asked in Contracts, Criminal Law and Real Estate Law for Tennessee on
Answered on Feb 1, 2019
Anthony Marvin Avery's answer
Yes as long as they do not physically trespass upon your real property.

Q: Is price fixing illegal in Tennessee?

1 Answer | Asked in Real Estate Law for Tennessee on
Answered on Jan 29, 2019
Michael Hales' answer
Although I'm not a TN attorney, I imagine that this is simply one of the terms of use for selling on the website, taking this outside the realm of price fixing. Your parents can sell it for $1 (and can advertise elsewhere for that price), but they can't list in on the website for that amount.

A while back, I wrote an article about timeshares for my state bar that you may find helpful. You can access it at: https://skidmorehales.com/article

Q: what is meant by nature and amount of the lien sought to be fixed

1 Answer | Asked in Real Estate Law for Tennessee on
Answered on Jan 28, 2019
Anthony Marvin Avery's answer
Whatever authority created the Lien (Judgment, Statute, Voluntary Contract, Mechanic & Materialmen, Tax, etc.) must usually be carefully stated. The Date of creation is always important. Fraudulent Liens can be prosecuted upon and/or set aside by the Courts. And of course the amount of the Lien on a certain date must be stated.

Q: I have an easement and I am landlocked (washed out access) and can't find the owner. He moved out of state what can I do

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Tennessee on
Answered on Jan 21, 2019
Anthony Marvin Avery's answer
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 clause says in his Deed. The Servient Esatate usually does not have a duty to restore a destroyed right of way, but it is better to get an agreement about how to restore the path of ingress/egress.

Q: I was given less than 2 weeks to move out due to no fault of my own. Do I have rights?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Answered on Jan 17, 2019
Anthony Marvin Avery's answer
The only real rights you have deal with your possession. The Owner/Landlord must file a Detainer Warrant, have it served on you or posted, then conduct a Hearing. You might ask for a Continuance, but at that next Hearing, the Judge will grant him Possession, and you have another ten days to leave or Appeal. To actually remove you, Owner must get a Writ of Possession issued where the Sheriff physically removes you or you are a Trespasser.

Q: In the state of Tennessee do you need a disclosure statement form or HUD with an assignment for deed?

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Probate for Tennessee on
Answered on Jan 14, 2019
Anthony Marvin Avery's answer
There is no disclosure requirement for selling and assigning a Deed of Trust. And I assume you are trying to sell a Note secured by a Deed of Trust. You cannot assign a Deed, ever. If the prospective Note buyer wants one, you will have to give them something to get their business. But you probably need to sell your Deed of Trust and Note to someone else.

Q: Can a lender charge 1% more on interest day before closing to discurage me not to buy ?

1 Answer | Asked in Banking and Real Estate Law for Tennessee on
Answered on Jan 10, 2019
Anthony Marvin Avery's answer
Probably they can, especially if you agreed to it by signing the Note and the Deed of Trust. If they gave you some specific reason why they did not want your business, then it might be something to report to HUD, but I doubt there is any merit. Also you are talking about going after the Lender that you just gave a Deed of Trust to, who might just decide to foreclose.

Q: If I'm selling my house in TN, do I have a right to see the buyer's contract on the sale of his house before I accept

2 Answers | Asked in Real Estate Law for Tennessee on
Answered on Jan 9, 2019
Vincent Gallo's answer
You can most certainly make that a condition of you agreeing to sign your contract.

Q: How do I determine loss to submit a claim to a property appraiser

1 Answer | Asked in Real Estate Law for Tennessee on
Answered on Jan 8, 2019
Anthony Marvin Avery's answer
You might have a cause of action for violation of the Tennessee Residential Disclosure laws, but it is doubtful at best. It is doubtful that any Property Insurance Contract will protect you against such a claimed loss. Hire a competent attorney to evaluate the Case, but it does not sound like you will prevail. Even with a total Fire Loss you do not get paid for the land. And with a Condominium, you actually commonly own walls and roofs with others.

Q: Joint Tenancy with rights of survivorship

1 Answer | Asked in Real Estate Law for Tennessee on
Answered on Jan 8, 2019
Anthony Marvin Avery's answer
Each Tenant has a complete right of possession. But someone has to pay the Taxes, Insurance, and Deed of Trust Note (if any). The Joint Tenancy Estate can now be destroyed by a conveyance by either Tenant, so that either will be a Tenant In Common.

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 ?

1 Answer | Asked in Environmental, Land Use & Zoning and Real Estate Law for Tennessee on
Answered on Jan 1, 2019
Anthony Marvin Avery's answer
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 Landowners by lessening erosion. Unless it is a navigable water, you should have no problem. But TCA 69-1-110 allows suit for damages for diverting a stream, without navigability being required. Common...

Q: Can I back out of a new house being built due to a wall not being up to my standards and builder not fixing correctly.

1 Answer | Asked in Real Estate Law for Tennessee on
Answered on Dec 31, 2018
Anthony Marvin Avery's answer
You will need a lawyer to examine your Contract of Sale very carefully. Hopefully it has a Liquidated Damages Clause or something else that allows you to terminate the Contract and only lose your Earnest Money. Usually they can only sue for Specific Performance. It may be difficult to actually sue you or collect from you. Usually they sell to someone else. Hire a competent attorney to advise you of the risks and notify the Seller of your decision.

Q: What exactly are my rights as a tenant in Tennessee if my name isn't on the lease?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Answered on Dec 31, 2018
Anthony Marvin Avery's answer
Legally the owner must file a Detainer Warrant against you all, serve or post it, get a Judgment for Possession, and if you are not out after ten days, have a Writ of Possession executed by the Sheriff to remove you.

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