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Tennessee Real Estate Law Questions & Answers
1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Tennessee on
Q: paid deposit for new rental but never moved in due to cancer diagnosis.Landlord refuses to return deposit.Is that legal?
Anthony M. Avery
Anthony M. Avery answered on Jul 8, 2020

You will probably have to sue for return of the monies in General Sessions Court. With a Judgment, you may have to collect.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Deed to property has my name and my fiance's name on it. What are my legal rights to the property

If he passes away before we are married, with or without a will... What are my rights to the property? Both our names are on the deed.

Anthony M. Avery
Anthony M. Avery answered on Jun 30, 2020

You did not give the exact granting clause. But I assume both of you are Tenants In Common of One/Half Undivided Interests each. Have a lawyer, even in OH look at the Deed and tell you what it says. If T in C then the 1/2 Interests go to the respective Decedents' Heirs or Devisees. Other... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Q: I'm going through a eviction notice just got back to work how much time do I have to move out or could there be payment
Anthony M. Avery
Anthony M. Avery answered on Jun 30, 2020

Not sure of your question. But you have been told to leave soon. If not, the owner will prosecute a Detainer Warrant against you, which can take three to six weeks.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: my wife and I own a home in Tennessee ,and we want to add our daughter to the title.

my bank who has the mortgage said I could add her to the title as opposed to having her go through the loan qualifications. she has a good paying job and can handle the payments.I'm wanting to do this for when I pass on and I don't want her to have to find a place to live and as long as... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 22, 2020

Hire a competent attorney to draft a Quit Claim Deed with you and your wife retaining a Joint Life Estate for your Natural Lives, then Vested Remainder over to your Daughter. Do not draft this Deed yourself.

1 Answer | Asked in Contracts, Real Estate Law and Land Use & Zoning for Tennessee on
Q: I purchased a home out of forclosure in October 2019. Who owns a small building in my backyard?

My neighbor, who also owned owned the home in the past, put a no trespassing sign on the door the day I purchased. The building sits extremely close to the property line if not splitting it. I had the tax record pulled and the building has been on the tax record for my lot since the house was built... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Jun 22, 2020

If the neighbor has cut the power, and put up a no trespassing sign- if you intend to maintain a claim to the building (and the property it is on- you will likely need to hire an attorney to pursue your interests. Boundary disputes are tough. If the building was erected by the owner to your... Read more »

1 Answer | Asked in Real Estate Law, Agricultural Law, Constitutional Law and Landlord - Tenant for Tennessee on
Q: I feel like I'm being discriminated against by rental companies in my area due to drawing unemployment benefits.

I have tried to rent a home from 3 different rental MGMT companies and was refused because I draw unemployment right now. All of them said I had to have a job or be employeed and could be verified. Why will they rent to someone that draws disability that is verifiable, and they do not have a job,... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 21, 2020

I'm sorry for your frustrating ordeal. Your post remains open for three weeks, and at this point, you could try reaching out to Tennessee landlord-tenant attorneys. From a practical standpoint, L-T attorneys would probably have the best insight into your situation among all the practice areas... Read more »

Q: I inherited family property from my father in Feb 2011 at that time my father had gave permission for his niece to place

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... Read more »

Anthony M. Avery
Anthony M. Avery 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... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Tennessee on
Q: In Tennessee can I seller-finance mobile homes in mobile home parks?

My business plan was to buy old mobile homes in parks and repair them. After repairs, sell to individuals with sound credit, housing record, and employment on terms for 3-5 years with no interest and no early-payoff penalties.

Im serving three purposes: I'm cleaning up mobile home... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 11, 2020

Your business plan will require alot of work, and will incur significant risks. Do not buy any mobile home that does not have a certificate of title that goes with the serial number on the home. Then you will need a financing statement and note for each sale. Then you must record the lien... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Was rooming with someone. We moved and were in the process of moving our stuff. Roommate who own the house banned us

From property and then proceeded to sell our stuff without notifying us and. With out our permission. What can I do?

Anthony M. Avery
Anthony M. Avery answered on Jun 10, 2020

Most likely course is to sue the Owner in General Sessions Court for Conversion.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Do property restrictions / covenents ever expire by State Law in TN ? A realtor once told me they are only good for 20 y

A realtor once told me they are only good for 20 years.

Paul E. Tennison
Paul E. Tennison answered on Jun 8, 2020

I am unaware of any law that states property restrictions automatically expire after 20 years. The realtor may be correct about the specific provision s/he was discussing. In general they have no expiration period and continue to run with the land. If you have specific property law questions, I... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Can my boyfriend of 6 years kick me out of house in Tennessee during Coronavirus?

And if so, how long can I drag it out before I have to leave? He cheated on me but owns the house. Also I have no family here and lost my job recently so he's been supporting me financially also

Anthony M. Avery
Anthony M. Avery answered on Jun 2, 2020

He has to file a Detainer Warrant. It must be served or posted on you. After you go to Court, you must be out within 10 days or he will get the Sheriff to physically remove you.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: What documentation from a revocable trust document must be included with sale of real property in Tennessee?
Anthony M. Avery
Anthony M. Avery answered on May 15, 2020

Assuming the Trust is conveying out: the Declaration of Trust; the Deed from all interested Parties in the Trust as Grantors must include the Settlor, Trustee, possibly the Successor Trustee, all Beneficiaries, all contingent Beneficiaries, and if any Party is a minor or incompetent, a Court... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: My property was removed illegally what can I do

We were not evicted. We have an open courts case over domestic violence and made to leave our residence until court due to restraining order. Our roommate went into our apartment and removed all our belongings and thrown in garage. He also had my vehicle towed to the impound lot. What can I do... Read more »

Bennett James Wills
Bennett James Wills answered on May 14, 2020

Sounds like you'll need to sue him for an unlawful ouster and return of property. Consult local counsel for assistance.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: In TN,what needs be in place upon death,widowed mom leaves mortgaged house to daughter with least tax and complications?

My wording is unclear, sorry. Mom and deceased dad are on the mortgage and the deed. Mom wants daughter to inherit the house in which they both live. Mom has no will.

Anthony M. Avery
Anthony M. Avery answered on May 12, 2020

Unless there are millions of dollars involved, no tax consequences need to be worried about. Mom should execute a deed retaining a life estate, with the remainder going to the Daughter at the grantor's death. Hire a competent attorney to draft it. Do not inform the mortgagee.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Easement was not disclosed anywhere or ever. Am I in breach of contract if I do not want to buy the property now?

Property closes this week Friday. Survey is this week. I'm being told I will be sued but nobody told me about an encroachment on the property

Anthony M. Avery
Anthony M. Avery answered on May 12, 2020

Read your Contract Of Sale verbatim. It probably requires merchantable title, and if the Easement is overly burdensome, it might be an excuse. Since you know about it now, it has been disclosed. Hire a competent attorney today to advise you on risks. The seller might even be able to destroy... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: In Tn if a parent owns land and the deed is in his name and he passes away, does the land go to the children?

And if that parent dies and the will is still in the grandfather's name, does the land go to the grandchildren?

Anthony M. Avery
Anthony M. Avery answered on May 11, 2020

Generally Intestate Succession involves the surviving spouse if there is one, then to the issue surviving or their surviving issue. If none of that applies it goes up to the parent and grandparents, then branches out maternally and paternally. Unfortunately your question makes no sense. But... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Q: I have a tenet, who is on a month to month and has not paid April 2020 or May 2020 rent,do I have to give a30 day notice
Anthony M. Avery
Anthony M. Avery answered on May 11, 2020

You can file the Detainer Warrant now for April's Rent. The service or posting is a Notice To Quit. Expect delays though getting to Court due to the virus mess. Hopefully in June.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: My mother died this year and had a will. 4 sisters and 1 brother beneficiaries. Her house is in my mother's name and dad

He is also deceased. Do we have to go thru probate to sell or can seller buy and the money be held by title company.

Anthony M. Avery
Anthony M. Avery answered on May 11, 2020

You need a competent attorney to examine your situation about whether Probate of the Will is necessary. If so, it will be a minimal fifteen months for the Probate to close properly. If no Probate, an Affidavit of Heirship will be the recorded source of title for you Children. If the purchaser... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Can a co-owner be liable for undisclosed issues in a house, if the co-owner did not reside in the house?
Anthony M. Avery
Anthony M. Avery answered on May 7, 2020

That is a Tort issue, not Real Property. But you give no facts, yet a Plaintiff's lawyer will definitely sue each and every interested party in a personal injury case. Even in a real estate disclosure case, all grantors will be sued for misrepresentation, even if no written statements from... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: If a person contracts a land survey, a survey is completed and paid for, who then owns the markers of said survey.
Anthony M. Avery
Anthony M. Avery answered on May 4, 2020

There is no identifiable property interest in the monuments. However it is a crime to destroy the monument. Obviously a marked corner is common to other properties. It constitutes a common corner to all affected properties., but is subject to being moved by a Court Decree.

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