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Tennessee Real Estate Law Questions & Answers
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.

1 Answer | Asked in Real Estate Law and Probate for Tennessee on
Q: - My fiancé &, his dad own a home together they don’t get along he wants to get rid of his part can somebody help us

We need help ASAP

Paul E. Tennison
Paul E. Tennison answered on May 4, 2020

I am sure there are attorneys that may be able to help you/your fiancé with this legal issue. What you are describing here could be a case in which a partition action is the best legal option. In a partition, a court orders the sell of a jointly owned property and divides the proceeds among those... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: What do I do???

I bought a piece of property and a mobile home from my great aunt she signed it over in a quick claim deed and I never had a chance to get the deed registered before it burnt up in a fire. My mobile home caught on fire but was salvageable but a man that's married into the family came along and... Read more »

Anthony M. Avery
Anthony M. Avery answered on Apr 29, 2020

It will be necessary to hire a competent attorney to file a suit in Chancery to Quiet Title and possibly for a Resulting Trust. It will probably require witnesses as to consideration paid and your Aunt, as well as the Trustees' proving payment of Taxes. If you do not file suit within a... Read more »

1 Answer | Asked in Criminal Law and Real Estate Law for Tennessee on
Q: can you be kicked off of property by police when hired to work there in tennessee

I was hired by the property owner to remodel and about an hour after he had left the premises, the neighbors called the cops and said I was trespassing and stealing out of the vacant home. When in fact I had been taking my stuff into the home, and had permission from the owner. The cops came and... Read more »

Shanone Emmack
Shanone Emmack answered on Apr 27, 2020

If you had permission by the owner to be present and work on the property then you were not trespassing. The police should have allowed you to call the owner to confirm that you were on the property legally. If they charged you with trespassing then it's important that you hire an attorney to... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Friend of a friend has overstayed welcome. How to get rid of him? No lease

He agreed to help out each month but it’s always inconsistent. There is no lease at all. He’s behind 2 months already. It’s supposed to be monthly but he pays a week or two at a time. Can I consider him a weekly renter? If so, what’s the quickest method to evict him? I don’t feel... Read more »

Anthony M. Avery
Anthony M. Avery answered on Apr 17, 2020

File a Detainer Action in General Sessions Court asking For Possession Only. It must be served or posted. Do not get in a fight with him or he will gain leverage with criminal charges against you.

5 Answers | Asked in Bankruptcy and Real Estate Law for Tennessee on
Q: What are my options of negotiating a judgment lien off a piece of property I am inheriting in Tennessee?

The judgment lien has been on the property for 13 years and was put on after my sister got a divorce from her ex-husband and a debt for a vehicle was never paid. The ex brother-in-law is no longer in the state of Tennessee and this debt, unless negotiated off the property will most likely never be... Read more »

Oliver L Cisowski
Oliver L Cisowski answered on Apr 16, 2020

A short and simple answer is that a judgment lien in Tennessee is only valid for 8 years. However it seems that there are some moving parts in your questions. If you would like to email me, I can refer you to a real estate lawyer in your area to give you better advice.

This really depends...
Read more »

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1 Answer | Asked in Real Estate Law for Tennessee on
Q: Can a developer allow owners of a free standing home in a condominium development to erect fences on Common elements?

The developer is allowing home owners to put up fences so he can sell his new homes. The fences are being installed within areas platted as common elements.

Anthony M. Avery
Anthony M. Avery answered on Apr 8, 2020

If noone sues to enforce the Master Deed Restrictions, then yes, the fences can go up. Any condominium owner can sue to enforce the Restrictions with an Injunction and possibly Damages. But you probably need to do a Title Search to make sure of what your are alleging to be violations. There... Read more »

1 Answer | Asked in Real Estate Law, Agricultural Law, Civil Litigation and Environmental for Tennessee on
Q: Is a neighbor’s man-made lake allowed to drain on my property? He is at a higher elevation. Tipton County, TN

The lake was built a long time ago before my house was built. When we moved in three years ago, the water was not draining onto our land. Within the last two months, it looks like a river rushing down the side of our property. They refuse to fix their overflow drainage pipe that used to divert... Read more »

Anthony M. Avery
Anthony M. Avery answered on Apr 8, 2020

Most likely you have no legal recourse. Unless the overflow pipe was recently damaged and now is destroying your property, I see no cause of action. You might file for an Injunction in Chancery because of the continuing Property Tort. But if it is not causing a massive loss of dirt from the... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Do the revised HOA covenants recorder at the register of deeds office meet the requirements needed to be enforceable?

The original covenants were registered in 1978 and require a 75% percent approval from eligible voters for changes. I have been told that a vote did occur in 2016, but when asked for documents surrounding this vote, information was not readily available. There is no list of signatures attached to... Read more »

Paul E. Tennison
Paul E. Tennison answered on Apr 7, 2020

This is one of those questions that examining of the relevant documents is needed to know for sure. You should likely consult with an attorney for a more specific answer. Based on the facts you describe, the signature of a single person is not sufficient verification that 75% approval occurred.... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Can land marked reserved in plat map of neighborhhood, and mentioned in the covenants, be removed from neighborhhood?

The land marked "reserved" is on a recorded plat map and was filed in 1978. this land is specifically mentioned in the covenants filed by the developer. In 1996 it was recorded in a plat map for a different development that does not adjoin the first anywhere. it is the only piece of... Read more »

Paul E. Tennison
Paul E. Tennison answered on Apr 7, 2020

You may be best off here in consulting with an attorney and allowing the attorney to review the relevant documents including the CCRs. If the land was originally within the scope of the original development then most likely it can only be removed if a provision in the CCRs or bylaws would allow... Read more »

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