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Tennessee Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Tennessee on
Q: I bought my home 12 years ago and put up a 5 foot chain link fence. My new neighbor behind me claims I'm 5' on his line

Does adverse possession apply to me?

Anthony M. Avery
Anthony M. Avery answered on Sep 16, 2021

It is possible that you, your predecessors and the same for the adjoining property, may have ACQUIESCED to the established on the ground boundary line, irregardless of the titled legal description boundaries. But 5 foot is alot, and it sounds like he just got a survey. It may be prudent to... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Work has been done to property before purchase and now they’re asking for more money due to property taxes increase.

Closing date was pushed 8 days one day before closing date. On supposed closing date told we need 12k more or we can’t purchase. We’ve already gave $5500 between realtors and title company, have over 10k in work and repairs in the property. Paid for 2 appraisals. What are we able to do to... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 15, 2021

Hire a competent attorney today, as you have went in way too far (and the seller knows you are good for alot more money). It appears the contract is already breached, and the seller intends to keep your investment into something you do not own. It is doubtful you will recoup anything. You... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: My father just passed away, he has 3 daughters. I am the oldest and one is underage. He also had a girlfriend living

With him at time of death. Can’t locate a Will. His girlfriend is making it seem like she doesn’t want me to look through anything or take anything. What rights do I have and she have? She still at his house.

Nina Whitehurst
Nina Whitehurst answered on Sep 13, 2021

Absent a will that leaves things to her, your dad's girlfriend has no rights. You need to hire a probate attorney right away to get a probate case started in order to transfer assets to your dad's heirs, his children. The court-appointed executor may also need to hire an eviction... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Tennessee on
Q: Is a 2 year verbal agreement grandfathered
Anthony M. Avery
Anthony M. Avery answered on Sep 7, 2021

What is the question?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Q: Can a landlord hand you a hand written 30 day eviction notice or does it have to be court ordered?

She handed me a hand written notice of my rent going up. I said Asked for a new lease with the new rent amount she brought back a hand written eviction notice

Anthony M. Avery
Anthony M. Avery answered on Sep 7, 2021

Even if the Notice does not comport with the Lease Contract, it does not amount to much. Ultimately you will be served with the Detainer Warrant which is itself notice to quit by Statute.

1 Answer | Asked in Real Estate Law and Probate for Tennessee on
Q: Can I be evicted by detainer warrent from a exclused daughter from an estate that I am the only beneficiary?

I have lived here for over 3 years. The man signed a contract for me to register deed upon his death in lieu of work performed on call 24hra/7days a week. He wrote a will 3 years ago to prove his intent and disinhereted his only adult child. I am executor and beneficary. He has no one that visits.... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 6, 2021

The daughter is apparently taking the position that there was no will and so she is the sole heir and title vests in the heir(s) automatically at death and, therefore, according to her reasoning, she has the right to evict you. You need to take the will to a probate attorney and open a probate and... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Was left a condo in partners will. When do I actually take ownership?
Anthony M. Avery
Anthony M. Avery answered on Sep 3, 2021

Has the Will been filed for Probate? If not, then it has no effect. If Probated, then the Devisee owns the devised real property upon filing. Only if it is an insolvent Estate will it come back into the Estate for payment of Claims.

2 Answers | Asked in Real Estate Law for Tennessee on
Q: Can a seller ask for more $ even after signing a Purchase Agreement? Can an escalation clause be triggered post signing?

There was an escalation clause that the seller didn't activate. 5 days later, the listing agent is demanding that we meet the escalation clause in that there was another offer, and has stated, that we must pay them the money now. The seller and the listing agent however, signed and dated the... Read more »

Anthony M. Avery
Anthony M. Avery answered on Aug 24, 2021

You need to read your contract more closely. What are the liquidated damages for your breach? Earnest Money involved? Besides the latter, the seller might be able to sue your specific performance. But it is going to be hard collect on a judgment in

Washington. Hire a lawyer to...
Read more »

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1 Answer | Asked in Contracts, Real Estate Law and Civil Litigation for Tennessee on
Q: How would you go about recovering money paid on a contract for deed?

I have been making payments on a contract for deed only to find out that the person recieving payments is not the deeded owner. Would this be considered felony fraud? Should I contact the sheriff?

Anthony M. Avery
Anthony M. Avery answered on Aug 11, 2021

You can try to get the Sheriff to get a Warrant, but it is doubtful. Put together proof of payment, the Contract, and the actual owner's Deed. More than likely You are left with suing your contracting party for breach of contract, fraud, and any other appropriate causes of action. Hire a... Read more »

2 Answers | Asked in Contracts and Real Estate Law for Tennessee on
Q: Can someone who has a contract for deed from the deeded property owner issue another contract for deed to someone else?

I have a contract for deed from someone who is buying property on a contract for deed already from someone else. Meaning the person who I pay is not the deeded owner and they do not have their contract for deed recorded. Is this legal in Tennessee? Can someone who is not the deeded property owner... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Aug 11, 2021

No. You should speak to an attorney. This could turn out badly.

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1 Answer | Asked in Real Estate Law, Civil Rights and Land Use & Zoning for Tennessee on
Q: I have a family member whom gave me property and has passed away. I have a notorized quit claim for it and never had it

recorded into the county. now im wanting to sell it. how do I go about doing this now they have passed. there are no other living relatives or family members either.

Anthony M. Avery
Anthony M. Avery answered on Aug 9, 2021

Recording the Deed and paying Taxes on the property would be required. Someone else may be claiming ownership, so your Deed may be Champertous. Hire a competent attorney to search the Title and cure yours if possible.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I'm notarized quit claim deed and sale of property to deceased individual no will no next of kin

I have a quitclaim deed signed by the deceased individual giving me full access a liability to their property I purchased the property from the deceased individual prior to the individual is being deceased the quitclaim deed was never notarized in the property was never recorded this was in Greene... Read more »

Anthony M. Avery
Anthony M. Avery answered on Aug 9, 2021

Without a notary acknowledgement of the grantor's execution of the Deed, it is not a conveyance. Recordation is not absolutely required, but you apparently do not have an enforceable Deed. If there is an Estate, you might file a Claim for your money.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Does my husband have to be on the deed for a house that I bought after we were married?

He is not on the mortgage or contributing any money for the down payment.

Anthony M. Avery
Anthony M. Avery answered on Aug 9, 2021

No it is not a legal requirement. You alone can be the grantee, but his living there might give him possessory and homestead rights. Apparently you already have been conveyed the property, so read the Deed.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I agreed to purchase a property that I and my two siblings own.

My brother and I signed the closing documents provided by Tennessee Valley Title Company. She initially delayed signing the closing documents sighting vacation and then illness, not price. She is now saying she does not agree with the price. My husband and I now live on the property in an upstairs... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jul 13, 2021

Have you got a recorded Deed to the property where you have title? You may wish to hire an attorney to check your title, as apparently you are not sure what has occurred. If she conveyed her interest in the real property, and you own it, then you should not have to worry with her complaints.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: In a partition suit to settle a property, can one party choose to not abide by an appraised amount and demand more?

My siblings and i are coowners, as beneficiaries in a family trust, of our parents home. I’ve lived here for 4 years caring for our elderly mother. Zillow and trulia show the value as over $600,000 (which it might be had it been updated and maintained over the years). I made it known shortly... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jul 6, 2021

In a Partition Suit, an appraisal has virtually no relevance. It would only be considered in evaluating the Case, that is whether Partition is viable or not. Much more important is the amount of debt and liens against the property, and the tax appraisal.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: How long on average will a partition sale take, dealing with an unwilling family member? What steps do we need to take?

Property is jointly owned by my Mom and sister. Mom has Alzheimer's and needs funds for continued dementia care. She is not competent, and I have her POA. Property has no mortgage and was purchased with mostly Mom's money, but now my sister is claiming it is all hers. I have... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jul 1, 2021

Your initial problem is your Mother's illness. Her incompetency may require a Conservatorship, or possibly a Guardianship, both difficult and expensive. I doubt the Chancellor will order the sale with you as an attorney in fact, and title would be patently suspect. If she is not... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law, Civil Litigation and Land Use & Zoning for Tennessee on
Q: I received a motion for publication in the mail in regards to the house i live in . Which the owner is deceased.

What's a notice by publication.

Nina Whitehurst
Nina Whitehurst answered on Jun 26, 2021

Notice by publication serves to give the person notified notice of the matter or proceeding when the party pursuing the matter isn't certain that they have the correct mailing or service address of someone. It sounds like you have received both actual notice and notice by publication (which... Read more »

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Tennessee on
Q: How to evict on contract for dead. Buyer did not pay taxes, didn't make payments on time and is now deceased

Cumberland county Tennessee is the location. Seller resides in FL

Anthony M. Avery
Anthony M. Avery answered on Jun 14, 2021

I recommend hiring a competent attorney to sue for possession. A Detainer Warrant may work if the SOL has not run, but an Ejectment Action in a Court of Record may be necessary. Publication Notice may also be necessary. This could be difficult, or it could be fairly simple. Hopefully it is no... Read more »

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1 Answer | Asked in Estate Planning and Real Estate Law for Tennessee on
Q: Joint Tenants With Rights of Surviorship Deed

My father and I are on a relative's deed, who since passed, as Joint Tenants with Rights of Survivorship. If we sell the property, is it required that the proceeds of the property sale be split amongst the co-tenants 50/50?

Anthony M. Avery
Anthony M. Avery answered on Jun 8, 2021

Usually both owners want to get paid. If you and your Father have another arrangement, that is your business. But if I represent the seller, there will be one check with both owners as payees. If you Father wants to convey his interest to you prior to the sale, then he can do so or vice versa.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: What is the filing fee in Tennessee for eviction

And is a notarized eviction notice legal

Anthony M. Avery
Anthony M. Avery answered on Jun 3, 2021

General Sessions Detainer Warrant Court Costs vary amongst the Counties, but usually run around $ 180 up to $ 250. Circuit Court and Chancery Court Costs will about double that. Any kind of notice to quit is notice to vacate, and service/posting of the Warrant is notice to quit by Statute,... Read more »

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