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Tennessee Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law, Land Use & Zoning and Gov & Administrative Law for Tennessee on
Q: TN. My house # is preventing me from selling it. It is 666. Can I sue to change it? 911 is in charge & said no.

I asked 911. They said only 2 houses need to be changed to stay in numerical order. My neighbor said no & 911 said they want them to agree. No 666 numbers are ever assigned. Buyers say no based on the 666 address. Help. I need to have it changed to move. Is there anything I can do legally? I... View More

Anthony M. Avery
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answered on Mar 2, 2023

Different Counties handle 911 and zoning issues differently. Hire an attorney in the applicable County to ask for the change in street address. Provide an appropriate alternate address. You may have to go before a County Commission or a Zoning Board. The County Mayor will probably be... View More

2 Answers | Asked in Real Estate Law, Banking and Elder Law for Tennessee on
Q: Trying to see if I can setup a Mortage Agreement. When I pay off the mortage on the house the house is transfer to me

I'm current living with my grandma helping her out, Well she has a Reverse Mortage on the house and they are asking about $100,000 for it if she pays it. How ever I am going to get a Mortage to pay the house, I would like to see if I can setup a agreement so soon I pay the reverse mortage off... View More

James L. Arrasmith
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answered on Mar 2, 2023

It is important to consult with an attorney who specializes in estate planning and real estate law in your state to help you navigate this process. They can advise you on the legal options available to you and help you draft a legally binding agreement that ensures the transfer of the house to you... View More

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2 Answers | Asked in Real Estate Law, Banking and Elder Law for Tennessee on
Q: Trying to see if I can setup a Mortage Agreement. When I pay off the mortage on the house the house is transfer to me

I'm current living with my grandma helping her out, Well she has a Reverse Mortage on the house and they are asking about $100,000 for it if she pays it. How ever I am going to get a Mortage to pay the house, I would like to see if I can setup a agreement so soon I pay the reverse mortage off... View More

Anthony M. Avery
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answered on Mar 2, 2023

If a Deed is executed then the property goes where the granting and habendum clauses say. It does not become subject to a Will Devise later if it is a fee conveyance. The grantees take the Estate when executed.

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1 Answer | Asked in Construction Law and Real Estate Law for Tennessee on
Q: Is there a window of time that a contractor has to foreclose on a lien filed in TN? It’s been 8 yrs since it was filed.

The lien was filed by a contractor who was paid in full by the insurance company after a rebuild from a fire. He didn’t have the capital to continue after the first draw was received so we wrote letters to the insurance company to secure funds to continue several times. The job wasn’t completed... View More

Anthony M. Avery
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answered on Feb 20, 2023

Best advice is to hire an attorney to draft a M & M Lien Release, and a demand letter. Send it to all possible addresses of contractor, as personal service may be a serious issue. If refused, then file suit to declare the lien extinguished for not being executed upon in the statutory... View More

1 Answer | Asked in Real Estate Law, Tax Law and Environmental for Tennessee on
Q: Would a trust or live real estate (lifetime dowry) be a better option?

200 acre farm . Friendly divorce. Both parents reside on farm in separate homes. Plan to survey 20 acres for each parent for sole ownership. Want the children to have the remainder of the land so no future partners can claim ownership. Parents plan to continue to pay taxes on land until children... View More

Anthony M. Avery
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answered on Feb 20, 2023

Absolutely hire a competent TN attorney to draft that future interests deed which might include a class gift remainder. Apparently you will need three enforceable deeds. Do not even think of a title co. Lawyer will need to draft three new legal descriptions from the survey plat, and not... View More

1 Answer | Asked in Real Estate Law and Estate Planning for Tennessee on
Q: Joint ownership, one died and left life estate, does the owner left alive have total control over land?

My grandmother and great aunt had a joint ownership on some land, my great aunt passed away and left a life estate for her husband with no further details as to what he can do with it. Does my grandmother have total control over the land?

Anthony M. Avery
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answered on Feb 8, 2023

You will need an attorney to search the title as you have not stated what the Deeds say. There may be a life estate, or it may have never come into existence. There are all kinds of joint ownership. It sounds like GrandMother may still own a fee or at least a one/half interest as a tenant in... View More

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Probate for Tennessee on
Q: Can a life tenant cut down trees to sell as firewood for profit in tennessee?

Is that considered as waste?

Nina Whitehurst
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answered on Feb 5, 2023

There is no simple one-size-fits-all answer to your question. It might be waste. It might not be waste. Sometimes cutting down trees constitutes an improvement to the property. Other times not. And improvement or not is not the only factor that must be considered.

To answer your...
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1 Answer | Asked in Real Estate Law for Tennessee on
Q: Yesterday I had my property surveyed. My neighbor took the wooden stake and the metal pin out just hour later. What ca.

Is there anything I can do

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answered on Jan 31, 2023

You can report the act you have personal knowledge of to the Sheriff. Trespass and vandalism are involved, which will require the Surveyor to return and restore the monument. That corner is owned by both of you. You may wish to sue for civil damages in Sessions Court, then place a Judgment... View More

1 Answer | Asked in Real Estate Law for Tennessee on
Q: How to get a lien on previous property owner removed from deed after 10 years in tn?
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answered on Jan 19, 2023

You have took the property subject to the judgment lien. This should have been avoided by a title search and clearing it at closing. If the Judgment has been extended, then it will be another 10 years or you may lose it by execution. If the Lien has expired by operation of law, then hire a... View More

1 Answer | Asked in Probate and Real Estate Law for Tennessee on
Q: Mother bought a house with her husband, she passed in 2022, will his son get the house or am I entitled to mothers 50% ?

Husband is not my father, he has moved his son and wife in, and I think he’s priming the situation, to give his son the property at his death, as he is not as responsible as myself.

Anthony M. Avery
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answered on Jan 10, 2023

It depends on the Title. If she bought it as tenants by the entirety, then surviving spouse owns the fee. If she owned individually, you might own one half as an Heir unless she devised it elsewhere. Hire a TN attorney to search the Title.

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Tennessee on
Q: In Tennessee, what does it mean for the survivor if the deed shows "tenants in common with the right of survivorship"?

This is for an unmarried couple who own a home together. Will the heirs of the deceased have any rights to the home?

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answered on Jan 1, 2023

It means that if one of the tenants in common passes, the surviving tenant in common will become the sole owner of the home by operation of the survivorship interest without having to go through probate or any other kind of legal process. The heirs of the deceased would have no claim to the home.... View More

1 Answer | Asked in Real Estate Law and Foreclosure for Tennessee on
Q: Online sources state a TN homeowner has 30 days after foreclosure to vacate the home before the eviction process.

"The new owner of the home has to legally evict the original homeowners or the tenants who stay in the home after the 90-day period expires for tenants, or the 30-day period for the homeowners."

Is this correct?

I am a senior who is having trouble finding a place to go... View More

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answered on Dec 2, 2022

Not at all unless your foreclosed Deed of Trust has such a term, which is almost never. New owner may have to file a Detainer Warrant against you, serve/post it, get a Judgment for Possession, then have a Writ executed by the Sheriff if you do not get out in 10 days from Judgment. Usually takes... View More

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I am trying to get my great uncles property to my name only. Please help

My great uncle and my grandpa owned a property jointly. My grandpa passed away years ago. My great uncle says that he will sign his share over to me. When I look up the title it says there two names on it and it also says ETAL after there names. He says most of the property is owned by him but... View More

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answered on Nov 28, 2022

Hire an attorney to search the title, and possibly determine heirship. An Affidavit of Heirship should be sworn to by someone with knowledge, then recorded. That serves as some of your source of title besides the record Deeds. Hopefully the other owners will Deed their interests over to you, or... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Tennessee on
Q: I bought land that has 2 easements on a lake. One is for ingress/egress via 25'w 60'L to waters edge,

The 2nd easement says under no conditions does property line prevent me from full use and access to my property's lake frontage. Nasty neighbor has blocked both from me. What can I do.

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answered on Nov 22, 2022

You will need an attorney to sue in Chancery for an Injunction against their interference with your lawful use of the Easement. A title search of both adjoining tracts should be made first. Almost no chance of money recovery. If you do nothing, you lose the row.

1 Answer | Asked in Real Estate Law, Construction Law and Land Use & Zoning for Tennessee on
Q: What legal claim, if any, do we have against the builder?

We are waiting to get back topo + boundary surveys but, according to the GIS, our brand new build (and all our neighbors brand new builds) were built on (or *way* over) each other's property lines. It's not like the builder got the whole plan shifted x amount of feet, everyone's... View More

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answered on Nov 9, 2022

Either a 3 year or 4 year Statute of Limitations probably applies to your cause of action. Hire an attorney now to examine the builder's, seller's and/or surveyor's negligence. Hopefully you have not busted the SOL. Boundary Line Agreements for adjoining landowners are... View More

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I signed quick claim deed with son. It was suppose to have life estate on it but he must have told attorney to leave it.

I asked attorney. For the rough copy. That’s when I found out he was my sons attorney only. His secretary was told to tell me there was not one. When I sat and watched him do it.

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answered on Oct 24, 2022

Hire a competent attorney now. Hopefully you have not waited too long to file suit. The Deed needs to be set aside for active fraud. You might be successful despite signing it. A Notice Lis Pendens will also need to be recorded when the suit is filed. Otherwise you own nothing.

1 Answer | Asked in Real Estate Law and Probate for Tennessee on
Q: I inherited property pro ste is over land is in my name can a family member protest court decision and try take half

The land is in my name I pay the taxes probate court is over its been a year I want to sell a piece of the property that is in my name can she get half money even though she didn't didn't want anything to do with it or come forward..they still haven't but I'm just worried about... View More

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answered on Oct 20, 2022

Hire an attorney to search the title and determine heirship. Owners have rights, which include Partition actions. Land usually does not go through Estates, but Probate may have to close prior to clearing title.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: If my father passed does his will over ride a life estate? In TN

Life estate says me and my brother are remainderman but the will issues everything to my mother. Can she do what she wants with said land?

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answered on Apr 22, 2024

Will means nothing until the testator dies and the Will Probated. It can always be changed. You might be interpreting the devises, bequests and residuary clause incorrectly. Father may want to execute a life estate/remainder deed now. If there are really the inconsistent transfers in the... View More

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: My husband passed away in January and his mother went and took all his belongings out of our cabin. A crime??

Me and our children are the heirs. What can I do she won't speak with me.

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answered on Apr 10, 2024

Hire a probate attorney. Get yourself appointed as executor or personal representative. Then as executor or PR sue her for the return of items stolen from the estate.

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1 Answer | Asked in Divorce and Real Estate Law for Tennessee on
Q: my dad's name is on the deed to my house, along with me and my wife can my stepmother try to get a portion of the equity
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answered on Apr 8, 2024

You have not stated the exact estate. Assuming Dad is married to stepmother, if Dad dies intestate then she will be an heir at law as a tenant in common with you all of some undivided interest.

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