They installed a driveway and a culvert under their driveway directing all water flow, mud , rock, etc. from their upper lot of 6 acres onto my land. Had they installed the culvert a mere 6 feet higher the flow of water and debris would have washed onto their own property. In years of owning our... View More 
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answered on Sep 14, 2023
That is a 3 year SOL for a property tort. You will need an engineering expert and contractors as witnesses to prove damages and the cause of action. Also a good lawyer. It has alot to do with how valuable your land is, as even a judgment for you will probably be appealed. A boundary line... View More
One of the original signing tenants are not available to sign.
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answered on Sep 1, 2023
You will need to hire a competent TN attorney that knows real property litigation, not a title co. Almost surely signatures will again be required by all necessary parties. If they are not available, the title may be clouded or void permanently. A Quiet Title Action may be necessary with... View More
The penalty is 375 dollars because I did not supply them with a copy of my tenants lease agreement and 200 dollars processing annually. I was not aware of this. I do not remember this being a rule when I lived there. It has been 4 years since I started renting the place and I live 3 hours away.... View More
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answered on Aug 31, 2023
More than likely there will not be a Court case until the HOA sues against the condo to execute the Lien. Those charges will be converted into a Lien against your property, and will be placed of record. Hire an attorney to search the title, read the Master Deed, etc., and advise you of your... View More
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answered on Aug 25, 2023
There is no legal requirement for the settlor of a trust to tell anyone about the trust being created. In fact there are many secret trusts, and oral trusts can sometimes be enforced in TN with clear and convincing evidence. Title searches on properties will often disclose conveyances into a... View More
First, and now second L.E. tenant, has passed and L.E has been removed from my warranty deed. Property has not been maintained over the years, significantly so. Can there possibly be a significant claim against the estate for all that should have been done, but was not?
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answered on Aug 25, 2023
How was the life tenant removed from the deed? The remainderman can sue the life tenant for waste, but it should be very significant destruction of the land or improvements. After death, it will be a very difficult suit, which must be also filed as a claim against the estate.
I am the remainder owner on a property deed and an individual lives in a mobile home on a section of the property and they have the deed to the mobile home. Does the property itself belong to me as I am the remainder owner on deed?
I am asking this question because I was told that if... View More
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answered on Aug 21, 2023
Adverse Possession is very real, especially under color of title. Hire an attorney to search both title. The mobile home may have been an out conveyance before you got an estate. Taxes must be checked closely. You did not mention how many acres or County. A Detainer Warrant or an... View More
I am the remainder owner on a property deed and an individual lives in a mobile home on a section of the property and they have the deed to the mobile home. Does the property itself belong to me as I am the remainder owner on deed?
I am asking this question because I was told that if... View More
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answered on Aug 21, 2023
It is possible that you are left with only an expensive, difficult Ejectment action. However you might get away with a Detainer if they do not fight you. Hire a an attorney now to investigate and draft a suit in Chancery. Hopefully you do not have a boundary dispute.
I am the remainder owner on a property deed and an individual lives in a mobile home on a section of the property and they have the deed to the mobile home. Does the property itself belong to me as I am the remainder owner on deed?
I am asking this question because I was told that if... View More
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answered on Aug 21, 2023
If the life estate holder rents or allows the mobile home there, then you have problems. LE has a present right of possession until it is terminated and your Remainder vests in possession.
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answered on Aug 18, 2023
In Tennessee, the authority of an HOA Board of Directors to increase monthly fees or impose special assessments without owner approval depends on the language in the governing documents, such as the bylaws and CC&Rs. Generally, HOA Boards have certain powers to manage the community's... View More
I have a LLC in which I’m the majority member. My partner did a hard money loan without my permission to purchase a property and the property ended in foreclosure. The hard money lender stated that there is still 25k to fulfill the lender and he will put a lien on the company. What can I do?
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answered on Aug 14, 2023
Does the LLC have an Operating Agreement, By-Laws, etc.? If so, then it must be read carefully to see how property of the LLC can be encumbered or money borrowed. If not, probably only the managing member had the power to borrow for the LLC. Lender must get a Judgment first before having a... View More
property was quit claim deeded
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answered on Jul 26, 2023
Many more facts are needed, especially why you want a Quiet Title action filed. Usually the defendant will claim you filed after 7 years and busted the SOL. But several real property causes of actions can be prosecuted later than that. Often the SOL is not asserted in Quiet Title suits.... View More
The easement is recorded on the deed and has been in place for 50 years. It's the only way to my property. They have owned their property for 4 years. Ownership has changed 6 times (4 since my 26 yrs of owning my property) with no issues since it's a legal easement. It is the only way to... View More
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answered on Jul 17, 2023
Putting an unlocked chain on a common easement might not be prohibited by a Court as an unlawful termination of your rights. Whose property is the gate on? The easement needs to be in the chain of title of that property owner, not the other that enjoys using it. You might file a Declaratory... View More
there is no will filed with the state. i have asked to see said will and no response. the will executor refuses to show anything. i am concerned that the family will not be included should she become ill or incapacitated. my dad is one of 11 children, four of whom have passed. is there anything i... View More
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answered on Jul 5, 2023
If the Will was not probated, it has no effect. The heirs at law will won the property as tenants in common unless there is some other deed conveyance involved. Hire a TN attorney to search the title and determine heirship. Then draft and record an Affidavit of Ownership to show the world the... View More
We are moving out of state, and we are considering to rent our house (long term rent) instead of selling. I checked the CCRs and did not find anything about renting/leasing, except for this “No Lot shall be used except for residential purposes and except for those uses permitted to the Declarant... View More
answered on Jun 27, 2023
You should 1) check in your neighborhood - are there other long-term rentals? Is there a homeowner's association - confirm with them that they do not object to long term rentals and that there is not an amendment or change to the master documents.
Generally, this provision would... View More
answered on Jun 16, 2023
You can promptly give notice to the Seller as soon as possible after discovering that the outlets are not grounded, and demand that they fulfill their promise to fix it. If they refuse, or fail to do so after being given a reasonable opportunity, you can hire a contractor to fix the problem, and... View More
The officiate rev.of the marriage was not ordained. The church that ordained him was not an entity non existent proof by secretary of state.
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answered on Jun 16, 2023
With no marriage, there is no surviving spouse, so tenancy in common would be the Estate. But if you have standing, you can intervene and tell the Court the Title is not as the Partition Complaint has alleged. It might not stop the Sale For Partition, but it would definitely change the Order For... View More
The co-borrower quit claimed the home to me through divorce. The tax assessor removed the co-borrower. The co-borrower is now incarcerated and Deutsche Bank will not remove the co-borrower from the loan unless I refinance. I am still rebuilding my credit and life after divorce and being the sole... View More
answered on Jun 16, 2023
It sounds like you should have refinanced a few years ago when rates were super low. While you probably can’t sue your lender for the interest rate assuming that is the rate you previously agreed to, you probably can still get a lower rate on a 15 year mortgage even today and get the co-borrower... View More
Home owner passed in summer of 2022. Orginal mortgage sold loan after notification of death. Executor didn't get appointed until 9 months later. New mortgage company was unknown. No bill sent. Orginal Mortgage company would not divulge loan company. New company sent 7 months of bills at once... View More
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answered on Jun 14, 2023
If actual payment in full was tendered to the creditor and refused, then arguably it was waived. And a suit to enjoin the foreclosure should have been filed with a bond being posted. Title has merged now, but it might be the basis of a cheaper, but harder, Chancery suit for wrongful foreclosure... View More
He then says my building is on him but we had a survey done and it’s not. He intends to make an adverse possession claim and the cops say there is nothing they can do if it’s disputed.
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answered on Jun 12, 2023
That is a Boundary Dispute, which will need to be litigated along with trespass damages. Survey is needed in Court, but Judge declared boundary, not Surveyor. Hire a competent attorney to search both titles and prosecute suit. Hopefully your building has been there awhile, and now landowners... View More
Working with lender and their foreclosure lawyer for loan modification or reinstatement when it was sold. Lender bought it back at sale but since a VA loan, the Secretary of VA took it before I could get cash together to pay reinstatement. Realtor apparently works for VRM, the current contractor... View More
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answered on Jun 5, 2023
It sounds like a Foreclosure has occurred, but you might hire an attorney to look into it. Until you are served or posted with a Detainer Warrant, the owner has done nothing to obtain possession. Suit must be filed, served and heard by the Court. Then you will have 10 days to leave after... View More
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