Tenn. Code Ann. § 66-5-103 — TN Code / Title 66 / Chapter 5 / Section 66-5-103
Forms of conveyances
Status: in_force

The following or other equivalent forms, varied to suit the precise state of facts, are sufficient for the purposes contemplated, without further circumlocution: (1) (A) For a deed in fee with general warranty: "I hereby convey to A. B. the following tract of land (describing it), and I warrant the title against all persons whomsoever;" (B) Covenants of seisin, possession, and special warranty: "I covenant that I am seized and possessed of this land, and have a right to convey it, and I warrant the title against all persons claiming under me;" (2) For a quitclaim deed: "I hereby quitclaim to A. B. all my interest in the following land" (describing it); (3) For a mortgage: "I hereby convey to A. B. the following land (describing it), to be void upon condition that I pay," etc; and (4) For a deed of trust: "For the purpose of securing to A. B. a note of this date, due at twelve (12) months, with interest from date (or as the case may be), I hereby convey to C. D., in trust, the following property (describing it). And if the note is not paid at maturity, I hereby authorize C. D. to sell the property herein conveyed (stating the manner, place of sale, notice, etc.), to execute a deed to the purchaser, to pay off the amount herein secured, with interest and costs, and to hold the remainder subject to my order." Code 1858, § 2013; Shan., § 3680; Code 1932, § 7607; T.C.A. (orig. ed.), § 64-502.
The following or other equivalent forms, varied to suit the precise state of facts, are sufficient for the purposes contemplated, without further circumlocution:
(1) (A) For a deed in fee with general warranty: "I hereby convey to A. B. the following tract of land (describing it), and I warrant the title against all persons whomsoever;" (B) Covenants of seisin, possession, and special warranty: "I covenant that I am seized and possessed of this land, and have a right to convey it, and I warrant the title against all persons claiming under me;"
(A) For a deed in fee with general warranty: "I hereby convey to A. B. the following tract of land (describing it), and I warrant the title against all persons whomsoever;"
(B) Covenants of seisin, possession, and special warranty: "I covenant that I am seized and possessed of this land, and have a right to convey it, and I warrant the title against all persons claiming under me;"
(2) For a quitclaim deed: "I hereby quitclaim to A. B. all my interest in the following land" (describing it);
(3) For a mortgage: "I hereby convey to A. B. the following land (describing it), to be void upon condition that I pay," etc; and
(4) For a deed of trust: "For the purpose of securing to A. B. a note of this date, due at twelve (12) months, with interest from date (or as the case may be), I hereby convey to C. D., in trust, the following property (describing it). And if the note is not paid at maturity, I hereby authorize C. D. to sell the property herein conveyed (stating the manner, place of sale, notice, etc.), to execute a deed to the purchaser, to pay off the amount herein secured, with interest and costs, and to hold the remainder subject to my order."
Code 1858, § 2013; Shan., § 3680; Code 1932, § 7607; T.C.A. (orig. ed.), § 64-502.
Tenn. Code Ann. § 66-25-105 — TN Code / Title 66 / Chapter 25 / Section 66-25-105
Partial or full payment - Extent of satisfaction and discharge
Status: in_force

A partial or full payment to the mortgage lender of record on a debt secured by a mortgage or deed of trust shall be a satisfaction and discharge against the mortgagee, or the assignee or transferee of a debt secured by such instrument, as to the amount of such payment. Acts 1999, ch. 95, § 1.
A partial or full payment to the mortgage lender of record on a debt secured by a mortgage or deed of trust shall be a satisfaction and discharge against the mortgagee, or the assignee or transferee of a debt secured by such instrument, as to the amount of such payment.
Acts 1999, ch. 95, § 1.
Tenn. Code Ann. § 66-9-101 — TN Code / Title 66 / Chapter 9 / Section 66-9-101
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Historically significant" means any structure more than fifty (50) years old; and (2) "Preservation restriction" means a right, whether or not stated in the form of a restriction, easement, covenant or condition, in any deed, will or other instrument executed by or on behalf of the owner of the land or in any order of taking, appropriate to preservation of either a structure or a structure and the land upon which such structure is located, historically significant for its architecture or archaeology, to prohibit or limit any or all of the following: (A) Alterations in exterior or interior features of the structure; (B) Changes in appearance or condition of the land upon which such structure is located; (C) Uses not historically appropriate; or (D) Other acts or uses detrimental to appropriate preservation of the structure, or land upon which such structure is located. Acts 1979, ch. 45, § 1; T.C.A., § 64-9-101.
As used in this part, unless the context otherwise requires:
(1) "Historically significant" means any structure more than fifty (50) years old; and
(2) "Preservation restriction" means a right, whether or not stated in the form of a restriction, easement, covenant or condition, in any deed, will or other instrument executed by or on behalf of the owner of the land or in any order of taking, appropriate to preservation of either a structure or a structure and the land upon which such structure is located, historically significant for its architecture or archaeology, to prohibit or limit any or all of the following: (A) Alterations in exterior or interior features of the structure; (B) Changes in appearance or condition of the land upon which such structure is located; (C) Uses not historically appropriate; or (D) Other acts or uses detrimental to appropriate preservation of the structure, or land upon which such structure is located.
(A) Alterations in exterior or interior features of the structure;
(B) Changes in appearance or condition of the land upon which such structure is located;
(C) Uses not historically appropriate; or
(D) Other acts or uses detrimental to appropriate preservation of the structure, or land upon which such structure is located.
Acts 1979, ch. 45, § 1; T.C.A., § 64-9-101.
Tenn. Code Ann. § 66-25-205 — TN Code / Title 66 / Chapter 25 / Section 66-25-205
Production of instrument evidencing indebtedness before entry of marginal release
Status: in_force

Any person appearing before the register for the purpose of making a release or partial release of any lien, on the margin opposite any such instrument of record in any book in the registry, shall produce and exhibit to the register, at the time of applying for such release, the original note or other instrument evidencing the indebtedness secured by the lien, or file an affidavit excusing the production thereof upon the ground that same has been lost, destroyed or mislaid, unintentionally. Acts 1990, ch. 902, § 10.
Any person appearing before the register for the purpose of making a release or partial release of any lien, on the margin opposite any such instrument of record in any book in the registry, shall produce and exhibit to the register, at the time of applying for such release, the original note or other instrument evidencing the indebtedness secured by the lien, or file an affidavit excusing the production thereof upon the ground that same has been lost, destroyed or mislaid, unintentionally.
Acts 1990, ch. 902, § 10.
Tenn. Code Ann. § 66-24-110 — TN Code / Title 66 / Chapter 24 / Section 66-24-110
Recitals on instrument required for registration
Status: in_force

(a) (1) No instrument in writing affecting interests in real property, excepting instruments releasing liens on real property, shall be registered unless it contains a recital designating the deed, will, court decree or other source from which the grantor received the equitable interest. (2) If the source of equitable interest is a deed or other instrument recorded in the register's office or a will or court decree of record in the county, the type of instrument, office, book and page number of such instrument shall be recited on the instrument offered for registration. (3) If the source of equitable title is inheritance under the laws of intestate succession, then it shall be recited that the grantor took title by inheritance and the last recorded instrument conveying the equitable interest shall be named with the office, book and page number where such instrument is recorded. (4) If no such preceding instrument has been recorded, the instrument shall so recite. (5) No instrument releasing a lien on real property shall be registered unless it contains a recital designating the type of instrument, office, book and page number of the instrument which created the lien being released. (b) The recital required by this section shall be prepared and entered on each instrument required to be registered by the preparer of such instrument; provided, however, that if the deed or other instrument from which the grantor received the equitable interest is received by the register simultaneously with the instrument upon which the recital is required, then the preparer shall leave blanks in the recital for the book and page number or other appropriate reference and the register of deeds shall enter the appropriate reference after the deed or other instrument has been recorded. Acts 1915, ch. 25, § 1; Shan., § 3704a5; mod. Code 1932, § 8085; Acts 1981, ch. 398, §§ 1, 2; T.C.A. (orig. ed.), § 64-2410; Acts 1986, ch. 741, § 1; 1987, ch. 396, § 1; 2001, ch. 134, § 1.
(a) (1) No instrument in writing affecting interests in real property, excepting instruments releasing liens on real property, shall be registered unless it contains a recital designating the deed, will, court decree or other source from which the grantor received the equitable interest. (2) If the source of equitable interest is a deed or other instrument recorded in the register's office or a will or court decree of record in the county, the type of instrument, office, book and page number of such instrument shall be recited on the instrument offered for registration. (3) If the source of equitable title is inheritance under the laws of intestate succession, then it shall be recited that the grantor took title by inheritance and the last recorded instrument conveying the equitable interest shall be named with the office, book and page number where such instrument is recorded. (4) If no such preceding instrument has been recorded, the instrument shall so recite. (5) No instrument releasing a lien on real property shall be registered unless it contains a recital designating the type of instrument, office, book and page number of the instrument which created the lien being released.
(1) No instrument in writing affecting interests in real property, excepting instruments releasing liens on real property, shall be registered unless it contains a recital designating the deed, will, court decree or other source from which the grantor received the equitable interest.
(2) If the source of equitable interest is a deed or other instrument recorded in the register's office or a will or court decree of record in the county, the type of instrument, office, book and page number of such instrument shall be recited on the instrument offered for registration.
(3) If the source of equitable title is inheritance under the laws of intestate succession, then it shall be recited that the grantor took title by inheritance and the last recorded instrument conveying the equitable interest shall be named with the office, book and page number where such instrument is recorded.
(4) If no such preceding instrument has been recorded, the instrument shall so recite.
(5) No instrument releasing a lien on real property shall be registered unless it contains a recital designating the type of instrument, office, book and page number of the instrument which created the lien being released.
(b) The recital required by this section shall be prepared and entered on each instrument required to be registered by the preparer of such instrument; provided, however, that if the deed or other instrument from which the grantor received the equitable interest is received by the register simultaneously with the instrument upon which the recital is required, then the preparer shall leave blanks in the recital for the book and page number or other appropriate reference and the register of deeds shall enter the appropriate reference after the deed or other instrument has been recorded.
Acts 1915, ch. 25, § 1; Shan., § 3704a5; mod. Code 1932, § 8085; Acts 1981, ch. 398, §§ 1, 2; T.C.A. (orig. ed.), § 64-2410; Acts 1986, ch. 741, § 1; 1987, ch. 396, § 1; 2001, ch. 134, § 1.
Tenn. Code Ann. § 66-32-310 — TN Code / Title 66 / Chapter 32 / Section 66-32-310
Violation of Tennessee Consumer Protection Act
Status: in_force

A violation of this part shall constitute a violation of the Tennessee Consumer Protection Act, compiled in title 47, chapter 18, part 1. For the purpose of application of the Tennessee Consumer Protection Act, any violation of this part shall be construed to constitute an unfair or deceptive act or practice affecting the conduct of any trade or commerce. Acts 1985, ch. 303, § 10; T.C.A., § 47-18-410.
A violation of this part shall constitute a violation of the Tennessee Consumer Protection Act, compiled in title 47, chapter 18, part 1. For the purpose of application of the Tennessee Consumer Protection Act, any violation of this part shall be construed to constitute an unfair or deceptive act or practice affecting the conduct of any trade or commerce.
Acts 1985, ch. 303, § 10; T.C.A., § 47-18-410.
Tenn. Code Ann. § 66-8-113 — TN Code / Title 66 / Chapter 8 / Section 66-8-113
Payment of redemption money through clerk of court - Failure of clerk to pay over
Status: in_force

(a) Where the purchaser is absent from the purchaser's usual place of residence, so that personal tender to the purchaser is prevented, or resides out of the county where the land lies, the debtor, or party entitled to redeem, may pay the redemption money to the clerk of the circuit court of the county in which the land lies, or in case the land is sold by the judgment or decree of a court, then to the clerk of the court from which the same is sold, to be held by the clerk for the person entitled to it, and such payment shall be good to all intents and purposes. (b) If the clerk fails or refuses to pay over such money to the person entitled to it, on application, it may be recovered by motion, in the same way as money paid to the clerk on execution, and not paid over on demand. Code 1858, §§ 2136, 2137 (deriv. Acts 1843-1844, ch. 179, §§ 2, 3); Acts 1870, ch. 111, § 1; 1889, ch. 83, § 1; 1897, ch. 132, §1; Shan., §§ 3823, 3824; Code 1932, §§ 7748, 7749; T.C.A. (orig. ed.), §§ 64-813, 64-814.
(a) Where the purchaser is absent from the purchaser's usual place of residence, so that personal tender to the purchaser is prevented, or resides out of the county where the land lies, the debtor, or party entitled to redeem, may pay the redemption money to the clerk of the circuit court of the county in which the land lies, or in case the land is sold by the judgment or decree of a court, then to the clerk of the court from which the same is sold, to be held by the clerk for the person entitled to it, and such payment shall be good to all intents and purposes.
(b) If the clerk fails or refuses to pay over such money to the person entitled to it, on application, it may be recovered by motion, in the same way as money paid to the clerk on execution, and not paid over on demand.
Code 1858, §§ 2136, 2137 (deriv. Acts 1843-1844, ch. 179, §§ 2, 3); Acts 1870, ch. 111, § 1; 1889, ch. 83, § 1; 1897, ch. 132, §1; Shan., §§ 3823, 3824; Code 1932, §§ 7748, 7749; T.C.A. (orig. ed.), §§ 64-813, 64-814.
Tenn. Code Ann. § 66-27-316 — TN Code / Title 66 / Chapter 27 / Section 66-27-316
Easement rights
Status: in_force

Subject to the declaration, a declarant has an easement through the common elements as may be reasonably necessary for the purpose of discharging the declarant's obligations or exercising special declarant rights, whether arising under part 1, this part and parts 4 and 5 of this chapter or reserved in the declaration. Acts 2008, ch. 766, § 1.
Subject to the declaration, a declarant has an easement through the common elements as may be reasonably necessary for the purpose of discharging the declarant's obligations or exercising special declarant rights, whether arising under part 1, this part and parts 4 and 5 of this chapter or reserved in the declaration.
Acts 2008, ch. 766, § 1.
Tenn. Code Ann. § 66-3-312 — TN Code / Title 66 / Chapter 3 / Section 66-3-312
Uniformity of application and construction
Status: in_force

This part shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this part among states enacting it. Acts 2003, ch. 42, § 1.
This part shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this part among states enacting it.
Acts 2003, ch. 42, § 1.
Tenn. Code Ann. § 66-28-102 — TN Code / Title 66 / Chapter 28 / Section 66-28-102
Application - Preemption
Status: in_force

(a) This chapter applies only in counties having a population of more than seventy-five thousand (75,000), according to the 2010 federal census. (b) This chapter applies to rental agreements entered into or extended or renewed after July 1, 1975. Transactions entered into before July 1, 1975, and not extended or renewed after that date, and the rights, duties and interests flowing from them remain valid and may be terminated, completed, consummated, or enforced as required or permitted by any statute or other law amended or repealed by this chapter as though the amendment or repeal has not occurred. (c) Unless created to avoid the application of this chapter, the following arrangements are not governed by this chapter: (1) Residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious, or similar service; (2) Occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or a person who succeeds to the purchaser's interest; (3) Transient occupancy in a hotel, or motel or lodgings subject to city, state, transient lodgings or room occupancy under the Excise Tax Act, compiled in title 67, chapter 4, part 20; (4) Occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative; or (5) Occupancy under a rental agreement covering premises used by the occupant primarily for agricultural purposes. (d) This chapter shall not apply to any occupancy in a public housing unit or other housing unit that is subject to regulation by the department of housing and urban development and owned by a governmental entity or nonprofit corporation to the extent such regulation conflicts with state law, but shall apply to the extent that any such regulations defer to the application of state law. (e) In the counties in which this chapter applies, this chapter occupies and preempts the entire field of legislation concerning the regulation of landlords and tenants. The governing body of a county subject to this chapter shall not enact or enforce regulations that conflict with, or are an addition to, this chapter. Amended by 2021 Tenn. Acts, ch. 182, Secs.s1, s2 eff. 7/1/2021. Acts 1975, ch. 245, §§ 1.201, 1.202, 6.101, 6.102; T.C.A., §§ 64-2802, 64-2804, 64-2864; Acts 1992, ch. 995, §§ 1, 4-6; 2001, ch. 101, § 1; 2008 , ch. 1067, §§ 1, 2; 2011 , ch. 272, § 1; 2012 , ch. 847, § 1.
(a) This chapter applies only in counties having a population of more than seventy-five thousand (75,000), according to the 2010 federal census.
(b) This chapter applies to rental agreements entered into or extended or renewed after July 1, 1975. Transactions entered into before July 1, 1975, and not extended or renewed after that date, and the rights, duties and interests flowing from them remain valid and may be terminated, completed, consummated, or enforced as required or permitted by any statute or other law amended or repealed by this chapter as though the amendment or repeal has not occurred.
(c) Unless created to avoid the application of this chapter, the following arrangements are not governed by this chapter: (1) Residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious, or similar service; (2) Occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or a person who succeeds to the purchaser's interest; (3) Transient occupancy in a hotel, or motel or lodgings subject to city, state, transient lodgings or room occupancy under the Excise Tax Act, compiled in title 67, chapter 4, part 20; (4) Occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative; or (5) Occupancy under a rental agreement covering premises used by the occupant primarily for agricultural purposes.
(1) Residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious, or similar service;
(2) Occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or a person who succeeds to the purchaser's interest;
(3) Transient occupancy in a hotel, or motel or lodgings subject to city, state, transient lodgings or room occupancy under the Excise Tax Act, compiled in title 67, chapter 4, part 20;
(4) Occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative; or
(5) Occupancy under a rental agreement covering premises used by the occupant primarily for agricultural purposes.
(d) This chapter shall not apply to any occupancy in a public housing unit or other housing unit that is subject to regulation by the department of housing and urban development and owned by a governmental entity or nonprofit corporation to the extent such regulation conflicts with state law, but shall apply to the extent that any such regulations defer to the application of state law.
(e) In the counties in which this chapter applies, this chapter occupies and preempts the entire field of legislation concerning the regulation of landlords and tenants. The governing body of a county subject to this chapter shall not enact or enforce regulations that conflict with, or are an addition to, this chapter.
Amended by 2021 Tenn. Acts, ch. 182, Secs.s1, s2 eff. 7/1/2021.
Acts 1975, ch. 245, §§ 1.201, 1.202, 6.101, 6.102; T.C.A., §§ 64-2802, 64-2804, 64-2864; Acts 1992, ch. 995, §§ 1, 4-6; 2001, ch. 101, § 1; 2008 , ch. 1067, §§ 1, 2; 2011 , ch. 272, § 1; 2012 , ch. 847, § 1.
Tenn. Code Ann. § 66-21-202 — TN Code / Title 66 / Chapter 21 / Section 66-21-202
Lien index, lien books, and filing of notices
Status: in_force

When notice of the lien is filed, the register shall forthwith enter the same in an alphabetical federal lien index, or the lien book, showing on one (1) line the name and residence of the lien debtor named in such notice, the serial number of such notice, the date and hour of filing, and the amount of tax or other obligation with interest, penalties and costs. Acts 1927, ch. 56, § 2; mod. Code 1932, § 8030; modified; T.C.A. (orig. ed.), § 64-2111; Acts 1987, ch. 161, § 2; 1991, ch. 60, § 3.
When notice of the lien is filed, the register shall forthwith enter the same in an alphabetical federal lien index, or the lien book, showing on one (1) line the name and residence of the lien debtor named in such notice, the serial number of such notice, the date and hour of filing, and the amount of tax or other obligation with interest, penalties and costs.
Acts 1927, ch. 56, § 2; mod. Code 1932, § 8030; modified; T.C.A. (orig. ed.), § 64-2111; Acts 1987, ch. 161, § 2; 1991, ch. 60, § 3.
Tenn. Code Ann. § 66-34-201 — TN Code / Title 66 / Chapter 34 / Section 66-34-201
Prime contractor entitled to payment from owner
Status: in_force

Performance by a prime contractor in accordance with a written contract with an owner for improvement of real property entitles the prime contractor to payment from the owner. Amended by 2020 Tenn. Acts, ch. 749, s 18, eff. 7/1/2020. Acts 1991, ch. 45, § 1.
Performance by a prime contractor in accordance with a written contract with an owner for improvement of real property entitles the prime contractor to payment from the owner.
Amended by 2020 Tenn. Acts, ch. 749, s 18, eff. 7/1/2020.
Acts 1991, ch. 45, § 1.
Tenn. Code Ann. § 66-11-141 — TN Code / Title 66 / Chapter 11 / Section 66-11-141
Well-drilling lien
Status: in_force

(a) There is created a lien against the tract of land, on which any person, firm or corporation has drilled a well by contract with the owners of the land or their duly authorized agent, for all labor, materials and equipment used or furnished by the driller of the well, including any pump, apparatus or other fixtures attached to the well, installed by the driller. (b) The lien shall remain against the land for a period of two (2) years after the completion of the well or after the furnishing of any pump or apparatus attached to the well, unless sooner discharged by full payment. (c) The lien may be enforced by attachment of the land in a proceeding brought in any court of competent jurisdiction prior to the expiration of the lien, and the land may be sold in satisfaction of the unpaid indebtedness owing to the driller. (d) The rights of the lienor under this section shall be subject to the terms of § 66-11-112 . Acts 1949, ch. 267, §§ 1-3; mod. C. Supp. 1950, § 8028.1 (Williams, §§ 7959.1-7959.3); T.C.A. (orig. ed.), § 64-1143; Acts 2007 , ch. 189, § 40.
(a) There is created a lien against the tract of land, on which any person, firm or corporation has drilled a well by contract with the owners of the land or their duly authorized agent, for all labor, materials and equipment used or furnished by the driller of the well, including any pump, apparatus or other fixtures attached to the well, installed by the driller.
(b) The lien shall remain against the land for a period of two (2) years after the completion of the well or after the furnishing of any pump or apparatus attached to the well, unless sooner discharged by full payment.
(c) The lien may be enforced by attachment of the land in a proceeding brought in any court of competent jurisdiction prior to the expiration of the lien, and the land may be sold in satisfaction of the unpaid indebtedness owing to the driller.
(d) The rights of the lienor under this section shall be subject to the terms of § 66-11-112 .
Acts 1949, ch. 267, §§ 1-3; mod. C. Supp. 1950, § 8028.1 (Williams, §§ 7959.1-7959.3); T.C.A. (orig. ed.), § 64-1143; Acts 2007 , ch. 189, § 40.
Tenn. Code Ann. § 66-29-125 — TN Code / Title 66 / Chapter 29 / Section 66-29-125
Filing of report
Status: in_force

(a) For the property held for the period of January 1, 2017, through December 31, 2017, the report under § 66-29-123 must be filed before May 1, 2018. For property held for the period of January 1, 2018, through June 30, 2019, the report under § 66-29-123 must be filed before November 1, 2019. Thereafter, the report must be filed before November 1 of each year and must cover the twelve (12) months preceding July 1 of that year. (b) Before the date for filing the report under § 66-29-123 , the holder of property presumed abandoned may request the treasurer to extend the time for filing. The treasurer may grant an extension for good cause. If the extension is granted, the holder may pay or make a partial payment of the amount the holder estimates ultimately will be due. The payment or partial payment terminates accrual of interest on the amount paid. Amended by 2018 Tenn. Acts, ch. 822,s 1, eff. 4/24/2018. Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017. Acts 1978, ch. 561, § 24; T.C.A., §§ 64-2924, 66-29-124; Acts 2001, ch. 231, § 5.
(a) For the property held for the period of January 1, 2017, through December 31, 2017, the report under § 66-29-123 must be filed before May 1, 2018. For property held for the period of January 1, 2018, through June 30, 2019, the report under § 66-29-123 must be filed before November 1, 2019. Thereafter, the report must be filed before November 1 of each year and must cover the twelve (12) months preceding July 1 of that year.
(b) Before the date for filing the report under § 66-29-123 , the holder of property presumed abandoned may request the treasurer to extend the time for filing. The treasurer may grant an extension for good cause. If the extension is granted, the holder may pay or make a partial payment of the amount the holder estimates ultimately will be due. The payment or partial payment terminates accrual of interest on the amount paid.
Amended by 2018 Tenn. Acts, ch. 822,s 1, eff. 4/24/2018.
Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Acts 1978, ch. 561, § 24; T.C.A., §§ 64-2924, 66-29-124; Acts 2001, ch. 231, § 5.
Tenn. Code Ann. § 66-23-109 — TN Code / Title 66 / Chapter 23 / Section 66-23-109
Form of subpoena
Status: in_force

The subpoena provided for in § 66-23-108 shall command the officer to summon the witnesses to appear before the clerk at the clerk's office, on a certain day specified in it, to give their evidence touching the execution of the instrument, or other authentication thereof, under a penalty of two hundred dollars ($200), to be recovered, in case of failure to attend, as other forfeitures for disobeying subpoenas. Code 1858, § 2059 (deriv. Acts 1806, ch. 49, § 1); Shan., § 3736; Code 1932, §7651; T.C.A. (orig. ed.), § 64-2309.
The subpoena provided for in § 66-23-108 shall command the officer to summon the witnesses to appear before the clerk at the clerk's office, on a certain day specified in it, to give their evidence touching the execution of the instrument, or other authentication thereof, under a penalty of two hundred dollars ($200), to be recovered, in case of failure to attend, as other forfeitures for disobeying subpoenas.
Code 1858, § 2059 (deriv. Acts 1806, ch. 49, § 1); Shan., § 3736; Code 1932, §7651; T.C.A. (orig. ed.), § 64-2309.
Tenn. Code Ann. § 66-3-304 — TN Code / Title 66 / Chapter 3 / Section 66-3-304
Value
Status: in_force

(a) Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promisor's business to furnish support to the debtor or another person. (b) For the purposes of §§ 66-3-305(a)(2) and 66-3-306 , a person gives a reasonably equivalent value if the person acquires an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition or disposition of the interest of the debtor upon default under a mortgage, deed of trust, or security agreement. (c) A transfer is made for present value if the exchange between the debtor and the transferee is intended by them to be contemporaneous and is in fact substantially contemporaneous. Acts 2003, ch. 42, § 1.
(a) Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promisor's business to furnish support to the debtor or another person.
(b) For the purposes of §§ 66-3-305(a)(2) and 66-3-306 , a person gives a reasonably equivalent value if the person acquires an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition or disposition of the interest of the debtor upon default under a mortgage, deed of trust, or security agreement.
(c) A transfer is made for present value if the exchange between the debtor and the transferee is intended by them to be contemporaneous and is in fact substantially contemporaneous.
Acts 2003, ch. 42, § 1.
Tenn. Code Ann. § 66-29-118 — TN Code / Title 66 / Chapter 29 / Section 66-29-118
Custody of property presumed abandoned if records show multiple addresses of apparent owner
Status: in_force

(a) Except as otherwise provided in subsection (b), if records of a holder reflect multiple addresses for an apparent owner and if this state is the state of the most recently recorded address, this state may take custody of property presumed abandoned, whether located in this state or another state. (b) If it appears from records of the holder that the most recently recorded address of the apparent owner under subsection (a) is a temporary address and if this state is the state of the next most recently recorded address that is not a temporary address, this state may take custody of property presumed abandoned. Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017. Acts 1978, ch. 561, § 18; T.C.A., § 64-2918; 2001, ch. 231, § 4.
(a) Except as otherwise provided in subsection (b), if records of a holder reflect multiple addresses for an apparent owner and if this state is the state of the most recently recorded address, this state may take custody of property presumed abandoned, whether located in this state or another state.
(b) If it appears from records of the holder that the most recently recorded address of the apparent owner under subsection (a) is a temporary address and if this state is the state of the next most recently recorded address that is not a temporary address, this state may take custody of property presumed abandoned.
Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Acts 1978, ch. 561, § 18; T.C.A., § 64-2918; 2001, ch. 231, § 4.
Tenn. Code Ann. § 66-31-106 — TN Code / Title 66 / Chapter 31 / Section 66-31-106
Rights supplemental - Required contents of rental agreements
Status: in_force

(a) Nothing in this chapter shall be construed as in any manner impairing or affecting the right of the parties to create additional rights, duties, and obligations in and by virtue of the rental agreement. The rights provided by this chapter shall be in addition to all other rights allowed by law to a creditor against a debtor. (b) (1) The rental agreement shall contain a notice stating that all property stored under the terms of such agreement may be sold or otherwise disposed of if no payment has been received for a continuous fifteen-day period when due. (2) The rental agreement shall contain a provision directing the occupant to disclose to the owner any lienholder with an interest in property that is or may be stored in the self-service storage facility. Acts 1980, ch. 717, § 6; T.C.A., §64-3106; Acts 2011 , ch. 131, § 18.
(a) Nothing in this chapter shall be construed as in any manner impairing or affecting the right of the parties to create additional rights, duties, and obligations in and by virtue of the rental agreement. The rights provided by this chapter shall be in addition to all other rights allowed by law to a creditor against a debtor.
(b) (1) The rental agreement shall contain a notice stating that all property stored under the terms of such agreement may be sold or otherwise disposed of if no payment has been received for a continuous fifteen-day period when due. (2) The rental agreement shall contain a provision directing the occupant to disclose to the owner any lienholder with an interest in property that is or may be stored in the self-service storage facility.
(1) The rental agreement shall contain a notice stating that all property stored under the terms of such agreement may be sold or otherwise disposed of if no payment has been received for a continuous fifteen-day period when due.
(2) The rental agreement shall contain a provision directing the occupant to disclose to the owner any lienholder with an interest in property that is or may be stored in the self-service storage facility.
Acts 1980, ch. 717, § 6; T.C.A., §64-3106; Acts 2011 , ch. 131, § 18.
Tenn. Code Ann. § 66-11-204 — TN Code / Title 66 / Chapter 11 / Section 66-11-204
Rejection of contracts
Status: in_force

An owner of residential real property may reject a contract by notifying the contractor by written notice by registered mail within three (3) days after receipt of the notice required in § 66-11-203 ; otherwise the contract is affirmed. Amended by 2020 Tenn. Acts, ch. 749, s 13, eff. 7/1/2020. Acts 1975, ch. 364, § 4; 1977, ch. 456, § 2; T.C.A., § 64-1155.
An owner of residential real property may reject a contract by notifying the contractor by written notice by registered mail within three (3) days after receipt of the notice required in § 66-11-203 ; otherwise the contract is affirmed.
Amended by 2020 Tenn. Acts, ch. 749, s 13, eff. 7/1/2020.
Acts 1975, ch. 364, § 4; 1977, ch. 456, § 2; T.C.A., § 64-1155.
Tenn. Code Ann. § 66-21-111 — TN Code / Title 66 / Chapter 21 / Section 66-21-111
Entry of release of lien - Fee
Status: in_force

In any county having a population of not less than thirty-two thousand six hundred (32,600) nor more than thirty-two thousand seven hundred (32,700) according to the 1980 federal census or any subsequent federal census the record of liens so provided may be released by the plaintiff, complainant, lienor or owner of the lien, or such person's attorney of record, entering in the blank space under the record of such lien the words "Released in full," or their equivalent, dating and signing the same, which entry shall be witnessed in writing on the record by the register or the register's deputy, for which service the register is entitled to a fee of three dollars ($3.00) to be paid by the lienor, unless the contract provides otherwise. Acts 1990, ch. 902, § 2; T.C.A., § 66-21-121 .
In any county having a population of not less than thirty-two thousand six hundred (32,600) nor more than thirty-two thousand seven hundred (32,700) according to the 1980 federal census or any subsequent federal census the record of liens so provided may be released by the plaintiff, complainant, lienor or owner of the lien, or such person's attorney of record, entering in the blank space under the record of such lien the words "Released in full," or their equivalent, dating and signing the same, which entry shall be witnessed in writing on the record by the register or the register's deputy, for which service the register is entitled to a fee of three dollars ($3.00) to be paid by the lienor, unless the contract provides otherwise.
Acts 1990, ch. 902, § 2; T.C.A., § 66-21-121 .
Tenn. Code Ann. § 66-27-603 — TN Code / Title 66 / Chapter 27 / Section 66-27-603
Display of sign to warn of health, safety, or dangerous natural conditions associated with water on property by property owners - Homeowners' association's rules or regulations - Effect on property owner's liability - Applicability of section
Status: in_force

(a) A homeowners' association shall not prohibit, by covenant, condition, restriction, or rule, the use of any sign posted to warn the public of health, safety, or dangerous natural conditions associated with water on the property when: (1) The property owner has consulted with local or state authorities regarding a condition on the property that may pose a threat to health and safety to a person on the property and a liability, or potential liability, to the property owner; and (2) The property contains a pond, including a retention or detention pond, or a lake, stream, river, or other natural body of water. (b) A homeowners' association may adopt or enforce reasonable rules and regulations regarding the placement and manner for the display of the signs permitted by this section. (c) This section does not alter, reduce, or eliminate any civil or criminal liability of a property owner for injuries arising from any condition on the owner's property. (d) This section applies to dedicatory instruments entered into before, on, or after July 1, 2021. Amended by 2021 Tenn. Acts, ch. 80, s 2, eff. 3/31/2021. Added by 2017 Tenn. Acts, ch. 331, s 1, eff. 7/1/2017.
(a) A homeowners' association shall not prohibit, by covenant, condition, restriction, or rule, the use of any sign posted to warn the public of health, safety, or dangerous natural conditions associated with water on the property when: (1) The property owner has consulted with local or state authorities regarding a condition on the property that may pose a threat to health and safety to a person on the property and a liability, or potential liability, to the property owner; and (2) The property contains a pond, including a retention or detention pond, or a lake, stream, river, or other natural body of water.
(1) The property owner has consulted with local or state authorities regarding a condition on the property that may pose a threat to health and safety to a person on the property and a liability, or potential liability, to the property owner; and
(2) The property contains a pond, including a retention or detention pond, or a lake, stream, river, or other natural body of water.
(b) A homeowners' association may adopt or enforce reasonable rules and regulations regarding the placement and manner for the display of the signs permitted by this section.
(c) This section does not alter, reduce, or eliminate any civil or criminal liability of a property owner for injuries arising from any condition on the owner's property.
(d) This section applies to dedicatory instruments entered into before, on, or after July 1, 2021.
Amended by 2021 Tenn. Acts, ch. 80, s 2, eff. 3/31/2021.
Added by 2017 Tenn. Acts, ch. 331, s 1, eff. 7/1/2017.
Tenn. Code Ann. § 66-27-104 — TN Code / Title 66 / Chapter 27 / Section 66-27-104
Ownership - Building code compliance
Status: in_force

(a) Once the property is submitted to the horizontal property regime, an apartment in the building may be individually conveyed and encumbered and may be the subject of ownership, possession or sale and of all types of juridic acts intervivos or mortis causa, as if it were sole and entirely independent of the other apartments in the building of which they form a part, and the corresponding individual titles and interest shall be recordable. (b) If private elements are created, the original construction of all apartments must substantially comply with local building codes for planned unit developments, established by the appropriate local authorities for planned unit developments. If no appropriate local authority exists, then compliance must be pursuant to the international building code. A certificate from a professional engineer or architect licensed to practice engineering or architecture in this state, to the effect that construction of the apartments is in substantial compliance with such code, shall be sufficient for the attorney to rely upon in giving an opinion. Amended by 2015 Tenn. Acts, ch. 356,s 1, eff. 5/4/2015. Acts 1963, ch. 124, § 4; T.C.A., § 64-2704; Acts 1990, ch. 823, § 7.
(a) Once the property is submitted to the horizontal property regime, an apartment in the building may be individually conveyed and encumbered and may be the subject of ownership, possession or sale and of all types of juridic acts intervivos or mortis causa, as if it were sole and entirely independent of the other apartments in the building of which they form a part, and the corresponding individual titles and interest shall be recordable.
(b) If private elements are created, the original construction of all apartments must substantially comply with local building codes for planned unit developments, established by the appropriate local authorities for planned unit developments. If no appropriate local authority exists, then compliance must be pursuant to the international building code. A certificate from a professional engineer or architect licensed to practice engineering or architecture in this state, to the effect that construction of the apartments is in substantial compliance with such code, shall be sufficient for the attorney to rely upon in giving an opinion.
Amended by 2015 Tenn. Acts, ch. 356,s 1, eff. 5/4/2015.
Acts 1963, ch. 124, § 4; T.C.A., § 64-2704; Acts 1990, ch. 823, § 7.
Tenn. Code Ann. § 66-29-140 — TN Code / Title 66 / Chapter 29 / Section 66-29-140
Periods of limitation and repose
Status: in_force

(a) Expiration, before, on, or after July 1, 2017, of a period of limitation on an owner's right to receive or recover property, whether specified by contract, statute, or court order, does not prevent the property from being presumed abandoned or affect the duty of a holder to file a report or pay or deliver property to the treasurer under this part. (b) The treasurer shall not commence an action, proceeding, or examination with respect to a duty of a holder under this part more than ten (10) years after the duty arose. Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
(a) Expiration, before, on, or after July 1, 2017, of a period of limitation on an owner's right to receive or recover property, whether specified by contract, statute, or court order, does not prevent the property from being presumed abandoned or affect the duty of a holder to file a report or pay or deliver property to the treasurer under this part.
(b) The treasurer shall not commence an action, proceeding, or examination with respect to a duty of a holder under this part more than ten (10) years after the duty arose.
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Tenn. Code Ann. § 66-11-110 — TN Code / Title 66 / Chapter 11 / Section 66-11-110
Effect of judgment lien
Status: in_force

A judgment lien of record shall not defeat a lien provided by this chapter, if the lien provided by this chapter is fixed on the real property in good faith and without collusion. Code 1932, § 7942; T.C.A. (orig. ed.), § 64-1110; Acts 2007, ch. 189, § 10.
A judgment lien of record shall not defeat a lien provided by this chapter, if the lien provided by this chapter is fixed on the real property in good faith and without collusion.
Code 1932, § 7942; T.C.A. (orig. ed.), § 64-1110; Acts 2007, ch. 189, § 10.
Tenn. Code Ann. § 66-32-302 — TN Code / Title 66 / Chapter 32 / Section 66-32-302
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Advertisement" means any written, printed, verbal, or visual offer; (2) "Blanket encumbrance" means any mortgage, deed of trust, option to purchase, vendor's lien or interest under a contract or agreement of sale, or other material financing lien or encumbrance granted by the membership camping operator, which secures or evidences the obligation to pay money or to sell or convey any campgrounds located in this state made available to purchasers by the membership camping operator or any portion thereof and which authorizes, permits, or requires the foreclosure or other disposition of the campground affected; (3) "Campground" means real property owned or operated by a membership camping operator which is available for camping by purchasers of membership camping contracts; (4) "Camping site" means a space designed and promoted for the purpose of locating a trailer, tent, tent trailer, pickup camper, or other similar device used for camping; (5) "Facilities" means the following amenities provided and located on property owned or operated by a membership camping operator: camping sites, rental trailers or cabins, swimming pools, sport courts, recreation buildings, and trading posts or grocery stores; (6) "Holder" includes the seller who acquires a membership camping contract or, if the contract is purchased, a financing agency or other assignee that purchases the contract; (7) "Membership camping contract" means an agreement offered or sold within this state evidencing a purchaser's title to, interest in, right or license to use, for more than thirty (30) days, the campgrounds and facilities of a membership camping operator and includes a membership which provides for this use; (8) "Membership camping operator" means any enterprise, other than one that is tax exempt under § 501(c)(3) of the Internal Revenue Code of 1954 ( 26 U.S.C. § 501(c)(3) ), as amended, that solicits membership camping contracts paid for by a fee or periodic payments and has as one (1) of its purposes camping or outdoor recreation including use of camping sites primarily by purchasers; (9) "Nondisturbance agreement" means an instrument by which the holder of a blanket encumbrance agrees that: (A) Its rights in any campground made available to purchasers by the membership camping operator shall be subordinate to the rights of purchasers from and after the recordation of the instrument; (B) The holder and all successors and assignees, and any person who acquires the campground through foreclosure or by deed in lieu of foreclosure of such blanket encumbrance, shall take the campground subject to the rights of purchasers; and (C) The holder or any successor acquiring the campground through the blanket encumbrance shall not use or cause the campground to be used in a manner which would materially prevent purchasers from using or occupying the campground in a manner contemplated by the purchasers' membership camping contracts; provided, that the holder shall have no obligation or liability to assume the responsibilities or obligations of the membership camping operator under membership camping contracts; (10) "Offer" means any solicitation reasonably designed to result in the entering into of a membership camping contract; (11) "Person" means any individual, corporation, partnership, company, and any other form of multiple organization for carrying on foreign or domestic business, other than a government or a subdivision of a government; (12) "Purchaser" means a person who enters into a membership camping contract and obtains the right to use the camping or outdoor facilities of a membership camping operator; (13) "Reciprocal program" means any arrangement allowing purchasers to use camping sites, facilities, or other properties owned or operated by any person other than the membership camping operator with whom the purchaser has entered into a membership camping contract; (14) "Sale" or "sell" means entering into, or other disposition, of a membership camping contract for value, but the term "value" does not include a fee to offset the reasonable costs of transfer of a membership camping contract; and (15) "Seller" means a membership camping operator. Acts 1985, ch. 303, § 2; T.C.A., § 47-18-402 .
As used in this part, unless the context otherwise requires:
(1) "Advertisement" means any written, printed, verbal, or visual offer;
(2) "Blanket encumbrance" means any mortgage, deed of trust, option to purchase, vendor's lien or interest under a contract or agreement of sale, or other material financing lien or encumbrance granted by the membership camping operator, which secures or evidences the obligation to pay money or to sell or convey any campgrounds located in this state made available to purchasers by the membership camping operator or any portion thereof and which authorizes, permits, or requires the foreclosure or other disposition of the campground affected;
(3) "Campground" means real property owned or operated by a membership camping operator which is available for camping by purchasers of membership camping contracts;
(4) "Camping site" means a space designed and promoted for the purpose of locating a trailer, tent, tent trailer, pickup camper, or other similar device used for camping;
(5) "Facilities" means the following amenities provided and located on property owned or operated by a membership camping operator: camping sites, rental trailers or cabins, swimming pools, sport courts, recreation buildings, and trading posts or grocery stores;
(6) "Holder" includes the seller who acquires a membership camping contract or, if the contract is purchased, a financing agency or other assignee that purchases the contract;
(7) "Membership camping contract" means an agreement offered or sold within this state evidencing a purchaser's title to, interest in, right or license to use, for more than thirty (30) days, the campgrounds and facilities of a membership camping operator and includes a membership which provides for this use;
(8) "Membership camping operator" means any enterprise, other than one that is tax exempt under § 501(c)(3) of the Internal Revenue Code of 1954 ( 26 U.S.C. § 501(c)(3) ), as amended, that solicits membership camping contracts paid for by a fee or periodic payments and has as one (1) of its purposes camping or outdoor recreation including use of camping sites primarily by purchasers;
(9) "Nondisturbance agreement" means an instrument by which the holder of a blanket encumbrance agrees that: (A) Its rights in any campground made available to purchasers by the membership camping operator shall be subordinate to the rights of purchasers from and after the recordation of the instrument; (B) The holder and all successors and assignees, and any person who acquires the campground through foreclosure or by deed in lieu of foreclosure of such blanket encumbrance, shall take the campground subject to the rights of purchasers; and (C) The holder or any successor acquiring the campground through the blanket encumbrance shall not use or cause the campground to be used in a manner which would materially prevent purchasers from using or occupying the campground in a manner contemplated by the purchasers' membership camping contracts; provided, that the holder shall have no obligation or liability to assume the responsibilities or obligations of the membership camping operator under membership camping contracts;
(A) Its rights in any campground made available to purchasers by the membership camping operator shall be subordinate to the rights of purchasers from and after the recordation of the instrument;
(B) The holder and all successors and assignees, and any person who acquires the campground through foreclosure or by deed in lieu of foreclosure of such blanket encumbrance, shall take the campground subject to the rights of purchasers; and
(C) The holder or any successor acquiring the campground through the blanket encumbrance shall not use or cause the campground to be used in a manner which would materially prevent purchasers from using or occupying the campground in a manner contemplated by the purchasers' membership camping contracts; provided, that the holder shall have no obligation or liability to assume the responsibilities or obligations of the membership camping operator under membership camping contracts;
(10) "Offer" means any solicitation reasonably designed to result in the entering into of a membership camping contract;
(11) "Person" means any individual, corporation, partnership, company, and any other form of multiple organization for carrying on foreign or domestic business, other than a government or a subdivision of a government;
(12) "Purchaser" means a person who enters into a membership camping contract and obtains the right to use the camping or outdoor facilities of a membership camping operator;
(13) "Reciprocal program" means any arrangement allowing purchasers to use camping sites, facilities, or other properties owned or operated by any person other than the membership camping operator with whom the purchaser has entered into a membership camping contract;
(14) "Sale" or "sell" means entering into, or other disposition, of a membership camping contract for value, but the term "value" does not include a fee to offset the reasonable costs of transfer of a membership camping contract; and
(15) "Seller" means a membership camping operator.
Acts 1985, ch. 303, § 2; T.C.A., § 47-18-402 .
Tenn. Code Ann. § 66-32-136 — TN Code / Title 66 / Chapter 32 / Section 66-32-136
Advertising material - Engaging time-share resale broker in connection with resale of time-share interval
Status: in_force

(a) Any advertising material relating to the solicitation of an agreement engaging the services of a time-share resale broker in connection with the resale of a time-share interval pursuant to § 66-32-137(b) is subject to §§ 66-32-131 - 66-32-135. (b) "Advertising material" includes any oral or written sales pitch, promotional brochure, pamphlet, catalogue, advertisement, sign, billboard or other material to be disseminated to the public by any means relating to the solicitation of an agreement engaging the services of a time-share resale broker in connection with the resale of a time-share interval, pursuant to § 66-32-137(b) , including a transcript of any standard oral sales presentation or any radio or television advertisement. (c) No written advertising material relating to the solicitation of an agreement engaging the services of a time-share resale broker in connection with the resale of a time-share interval, pursuant to § 66-32-137(b) , may be utilized by a time-share resale broker unless the advertising material includes in conspicuous type the disclosure described in § 66-32-137(b)(1) . (d) The commission has authority to enforce this section as provided in §§ 66-32-121 and 62-13-109 . Acts 1990, ch. 672, §§ 3, 5.
(a) Any advertising material relating to the solicitation of an agreement engaging the services of a time-share resale broker in connection with the resale of a time-share interval pursuant to § 66-32-137(b) is subject to §§ 66-32-131 - 66-32-135.
(b) "Advertising material" includes any oral or written sales pitch, promotional brochure, pamphlet, catalogue, advertisement, sign, billboard or other material to be disseminated to the public by any means relating to the solicitation of an agreement engaging the services of a time-share resale broker in connection with the resale of a time-share interval, pursuant to § 66-32-137(b) , including a transcript of any standard oral sales presentation or any radio or television advertisement.
(c) No written advertising material relating to the solicitation of an agreement engaging the services of a time-share resale broker in connection with the resale of a time-share interval, pursuant to § 66-32-137(b) , may be utilized by a time-share resale broker unless the advertising material includes in conspicuous type the disclosure described in § 66-32-137(b)(1) .
(d) The commission has authority to enforce this section as provided in §§ 66-32-121 and 62-13-109 .
Acts 1990, ch. 672, §§ 3, 5.
Tenn. Code Ann. § 66-9-306 — TN Code / Title 66 / Chapter 9 / Section 66-9-306
Validity of easement
Status: in_force

No conservation easement shall be held unenforceable because of privity of estate or contract or lack of benefit to any other land, whether or not appurtenant to the servient land. No conservation easement shall be held automatically extinguished because of violation of its terms or frustration of its purposes. Acts 1981, ch. 361, § 6; T.C.A., § 64-9-306.
No conservation easement shall be held unenforceable because of privity of estate or contract or lack of benefit to any other land, whether or not appurtenant to the servient land. No conservation easement shall be held automatically extinguished because of violation of its terms or frustration of its purposes.
Acts 1981, ch. 361, § 6; T.C.A., § 64-9-306.
Tenn. Code Ann. § 66-23-118 — TN Code / Title 66 / Chapter 23 / Section 66-23-118
Certificate adapted to mode of proof
Status: in_force

The certificate of probate shall be varied so as to adapt it to the various modes of proof prescribed in this chapter. Code 1858, §2066; Shan., § 3743; Code 1932, § 7658; T.C.A. (orig. ed.), § 64-2318.
The certificate of probate shall be varied so as to adapt it to the various modes of proof prescribed in this chapter.
Code 1858, §2066; Shan., § 3743; Code 1932, § 7658; T.C.A. (orig. ed.), § 64-2318.
Tenn. Code Ann. § 66-11-123 — TN Code / Title 66 / Chapter 11 / Section 66-11-123
Transfer of debt by contractor
Status: in_force

The lien of another shall not be lost where any prime contractor or remote contractor has transferred or assigned the debt or charge due that lienor. Code 1858, § 1990 (deriv. Acts 1845-1846, ch. 118, § 2); Acts 1885, ch. 8; Shan., § 3546; mod. Code 1932, § 7941; T.C.A. (orig. ed.), § 64-1123; Acts 2007, ch. 189, § 22.
The lien of another shall not be lost where any prime contractor or remote contractor has transferred or assigned the debt or charge due that lienor.
Code 1858, § 1990 (deriv. Acts 1845-1846, ch. 118, § 2); Acts 1885, ch. 8; Shan., § 3546; mod. Code 1932, § 7941; T.C.A. (orig. ed.), § 64-1123; Acts 2007, ch. 189, § 22.
Tenn. Code Ann. § 66-23-119 — TN Code / Title 66 / Chapter 23 / Section 66-23-119
Annexed papers when proof made in foreign court
Status: in_force

If the instrument is proved by procuring the testimony of the witnesses to be entered of record in a court of record in one (1) of the United States or of a foreign country, there shall be endorsed upon or annexed to the deed a copy of the probate from the record, certified by the clerk or keeper of the records, under that officer's official seal, if there is one, or if not, under that officer's private seal, and the official character of the clerk or keeper of the records shall be certified by the presiding judge of the court. Code 1858, § 2067 (deriv. Acts 1809 (Sept.), ch. 104); Shan., § 3744; Code 1932, § 7659; T.C.A. (orig. ed.), § 64-2319.
If the instrument is proved by procuring the testimony of the witnesses to be entered of record in a court of record in one (1) of the United States or of a foreign country, there shall be endorsed upon or annexed to the deed a copy of the probate from the record, certified by the clerk or keeper of the records, under that officer's official seal, if there is one, or if not, under that officer's private seal, and the official character of the clerk or keeper of the records shall be certified by the presiding judge of the court.
Code 1858, § 2067 (deriv. Acts 1809 (Sept.), ch. 104); Shan., § 3744; Code 1932, § 7659; T.C.A. (orig. ed.), § 64-2319.
Tenn. Code Ann. § 66-29-159 — TN Code / Title 66 / Chapter 29 / Section 66-29-159
Confidentiality of records obtained during examination
Status: in_force

(a) Records obtained in the course of conducting an examination under § 66-29-157 , including work papers compiled by the treasurer or the treasurer's agents, employees, or designated representatives, and any information that identifies the fact that a particular person, institution, business, or entity was or is the subject of an examination under § 66-29-157 , are confidential and are not public records; provided, that the records and information are not confidential: (1) To the extent that the person, institution, business, or entity that was or is the subject of the examination consents to disclosure; (2) To the extent that the treasurer, or the treasurer's employees, agents, or representatives use the records for the purpose of administering this part; (3) If used for the purposes of complying with a subpoena or a court order; (4) In joint unclaimed property examinations or audits conducted by the treasurer with, or pursuant to, an agreement with another state, federal agency, or any other governmental subdivision, agency, or instrumentality; (5) To the extent that the comptroller of the treasury or the comptroller's designees use the records for the purpose of an audit; or (6) In the course of any action or proceeding by the treasurer or the treasurer's employees, agents, or representatives to collect unclaimed property, to collect any unpaid interest due on unclaimed property, or to otherwise enforce this part. (b) As used in this section, "work papers" means those records created to serve as an input for final reporting documents. (c) All final reports submitted to the treasurer pursuant to § 66-29-123 are records open to the public, including the identity of any holder that submits a report; provided, that any information included in a final report that identifies the fact that a holder was the subject of an audit conducted under this part must be redacted prior to disclosure unless the disclosure falls within one (1) of the exceptions under subsection (a). (d) The treasurer has the sole discretion to implement disciplinary actions against any employee, agent, or representative of the treasurer who intentionally discloses records that are deemed confidential under this section, including, but not limited to, terminating a contract with any vendor that violates this section. Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
(a) Records obtained in the course of conducting an examination under § 66-29-157 , including work papers compiled by the treasurer or the treasurer's agents, employees, or designated representatives, and any information that identifies the fact that a particular person, institution, business, or entity was or is the subject of an examination under § 66-29-157 , are confidential and are not public records; provided, that the records and information are not confidential: (1) To the extent that the person, institution, business, or entity that was or is the subject of the examination consents to disclosure; (2) To the extent that the treasurer, or the treasurer's employees, agents, or representatives use the records for the purpose of administering this part; (3) If used for the purposes of complying with a subpoena or a court order; (4) In joint unclaimed property examinations or audits conducted by the treasurer with, or pursuant to, an agreement with another state, federal agency, or any other governmental subdivision, agency, or instrumentality; (5) To the extent that the comptroller of the treasury or the comptroller's designees use the records for the purpose of an audit; or (6) In the course of any action or proceeding by the treasurer or the treasurer's employees, agents, or representatives to collect unclaimed property, to collect any unpaid interest due on unclaimed property, or to otherwise enforce this part.
(1) To the extent that the person, institution, business, or entity that was or is the subject of the examination consents to disclosure;
(2) To the extent that the treasurer, or the treasurer's employees, agents, or representatives use the records for the purpose of administering this part;
(3) If used for the purposes of complying with a subpoena or a court order;
(4) In joint unclaimed property examinations or audits conducted by the treasurer with, or pursuant to, an agreement with another state, federal agency, or any other governmental subdivision, agency, or instrumentality;
(5) To the extent that the comptroller of the treasury or the comptroller's designees use the records for the purpose of an audit; or
(6) In the course of any action or proceeding by the treasurer or the treasurer's employees, agents, or representatives to collect unclaimed property, to collect any unpaid interest due on unclaimed property, or to otherwise enforce this part.
(b) As used in this section, "work papers" means those records created to serve as an input for final reporting documents.
(c) All final reports submitted to the treasurer pursuant to § 66-29-123 are records open to the public, including the identity of any holder that submits a report; provided, that any information included in a final report that identifies the fact that a holder was the subject of an audit conducted under this part must be redacted prior to disclosure unless the disclosure falls within one (1) of the exceptions under subsection (a).
(d) The treasurer has the sole discretion to implement disciplinary actions against any employee, agent, or representative of the treasurer who intentionally discloses records that are deemed confidential under this section, including, but not limited to, terminating a contract with any vendor that violates this section.
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Tenn. Code Ann. § 66-20-104 — TN Code / Title 66 / Chapter 20 / Section 66-20-104
Lien on offspring for service of male
Status: in_force

(a) Any person keeping a jack, bull, ram, or boar, for public use, shall have a lien on the offspring of the same for the season charge to be paid. (b) This section shall likewise include the service of any stud or stallion. Acts 1873, ch. 93; Shan., § 3554; mod. Code 1932, § 7977; mod. C. Supp. 1950, §7977; Acts 1959, ch. 220, § 2; T.C.A. (orig. ed.), § 64-2004.
(a) Any person keeping a jack, bull, ram, or boar, for public use, shall have a lien on the offspring of the same for the season charge to be paid.
(b) This section shall likewise include the service of any stud or stallion.
Acts 1873, ch. 93; Shan., § 3554; mod. Code 1932, § 7977; mod. C. Supp. 1950, §7977; Acts 1959, ch. 220, § 2; T.C.A. (orig. ed.), § 64-2004.
Tenn. Code Ann. § 66-11-102 — TN Code / Title 66 / Chapter 11 / Section 66-11-102
Lien for work and materials
Status: in_force

(a) There shall be a lien on any lot or tract of real property upon which an improvement has been made by a prime contractor or any remote contractor; provided, that the lienor has complied with title 62, chapter 6. If the lienor has not fully complied with title 62, chapter 6, no lien is established by this chapter. The lien shall secure the contract price. (b) The lien established by this section shall include a lien on any lot or tract of real property in favor of any land surveyor who has, by contract with the owner or agent of the owner of the real property, performed on the property the practice of land surveying, as defined in § 62-18-102 . The lien shall secure the contract price. (c) (1) The lien established by this section shall include a lien on any lot or tract of real property upon which an improvement has been made, by contract with the owner or the owner's agent, in favor of any person licensed to practice architecture or engineering under title 62, chapter 2, for architectural or engineering services performed with respect to the improvement actually made. The lien shall secure the contract price. (2) The lien provided for in subdivision (c)(1) shall attach as of the time of visible commencement of operations as provided in § 66-11-104 . (3) This subsection (c) shall not apply to owner-occupants of one-family or two-family detached unit homes. (d) Notwithstanding any other provision of this chapter, no prime contractor or remote contractor of a lessee of real property may encumber the fee estate unless the lessee is deemed to be the fee owner's agent. In determining whether a lessee is the fee owner's agent, the court shall determine whether the fee owner has the right to control the conduct of the lessee with respect to the improvement and shall consider: (1) Whether the lease requires the lessee to construct a specific improvement on the fee owner's property; (2) Whether the cost of the improvement actually is borne by the fee owner through corresponding offsets in the amount of rent the lessee pays; (3) Whether the fee owner maintains control over the improvement; and (4) Whether the improvement becomes the property of the fee owner at the end of the lease. (e) A lien arising under this chapter shall not include in the lien amount any interest, service charges, late fees, attorney fees, or other amounts to which the lienor may be entitled by contract or law that do not result in an improvement to the real property or are otherwise not permitted by this chapter. (f) When a lienor, without default, is prevented from completely performing the lienor's part, the lienor is entitled to a lien for as much of the contract price as the lienor has performed in proportion to the contract price for the whole, and the lienor's claim shall be adjusted accordingly. (g) A lien for furnishing tools, equipment, or machinery arises under this chapter to the following extent: (1) For the reasonable rental value for the period of actual use and any reasonable period of nonuse taken into account in the rental contract; except that the reasonable rental value and reasonable periods of use and nonuse need not be determined solely by the contract; or (2) For the purchase price of the tools, equipment or machinery, but the lien for the price only arises if the tools, equipment or machinery were purchased for use in the course of the particular improvement and have no substantial value to the lienor after the completion of the improvement on which they were used. Amended by 2013 Tenn. Acts, ch. 469,s 3, eff. 7/1/2013. Code 1858, § 1981 (deriv. Acts 1845-1846, ch. 118, §§ 1, 2); Acts 1859-1860, ch. 114, § 1; Shan., § 3531; mod. Code 1932, § 7914; Acts 1977, ch. 380, § 1; T.C.A. (orig. ed.), § 64-1102; Acts 1982, ch. 639, §§ 1, 2; 1990, ch. 854, § 2; 2007, ch. 189, § 2.
(a) There shall be a lien on any lot or tract of real property upon which an improvement has been made by a prime contractor or any remote contractor; provided, that the lienor has complied with title 62, chapter 6. If the lienor has not fully complied with title 62, chapter 6, no lien is established by this chapter. The lien shall secure the contract price.
(b) The lien established by this section shall include a lien on any lot or tract of real property in favor of any land surveyor who has, by contract with the owner or agent of the owner of the real property, performed on the property the practice of land surveying, as defined in § 62-18-102 . The lien shall secure the contract price.
(c) (1) The lien established by this section shall include a lien on any lot or tract of real property upon which an improvement has been made, by contract with the owner or the owner's agent, in favor of any person licensed to practice architecture or engineering under title 62, chapter 2, for architectural or engineering services performed with respect to the improvement actually made. The lien shall secure the contract price. (2) The lien provided for in subdivision (c)(1) shall attach as of the time of visible commencement of operations as provided in § 66-11-104 . (3) This subsection (c) shall not apply to owner-occupants of one-family or two-family detached unit homes.
(1) The lien established by this section shall include a lien on any lot or tract of real property upon which an improvement has been made, by contract with the owner or the owner's agent, in favor of any person licensed to practice architecture or engineering under title 62, chapter 2, for architectural or engineering services performed with respect to the improvement actually made. The lien shall secure the contract price.
(2) The lien provided for in subdivision (c)(1) shall attach as of the time of visible commencement of operations as provided in § 66-11-104 .
(3) This subsection (c) shall not apply to owner-occupants of one-family or two-family detached unit homes.
(d) Notwithstanding any other provision of this chapter, no prime contractor or remote contractor of a lessee of real property may encumber the fee estate unless the lessee is deemed to be the fee owner's agent. In determining whether a lessee is the fee owner's agent, the court shall determine whether the fee owner has the right to control the conduct of the lessee with respect to the improvement and shall consider: (1) Whether the lease requires the lessee to construct a specific improvement on the fee owner's property; (2) Whether the cost of the improvement actually is borne by the fee owner through corresponding offsets in the amount of rent the lessee pays; (3) Whether the fee owner maintains control over the improvement; and (4) Whether the improvement becomes the property of the fee owner at the end of the lease.
(1) Whether the lease requires the lessee to construct a specific improvement on the fee owner's property;
(2) Whether the cost of the improvement actually is borne by the fee owner through corresponding offsets in the amount of rent the lessee pays;
(3) Whether the fee owner maintains control over the improvement; and
(4) Whether the improvement becomes the property of the fee owner at the end of the lease.
(e) A lien arising under this chapter shall not include in the lien amount any interest, service charges, late fees, attorney fees, or other amounts to which the lienor may be entitled by contract or law that do not result in an improvement to the real property or are otherwise not permitted by this chapter.
(f) When a lienor, without default, is prevented from completely performing the lienor's part, the lienor is entitled to a lien for as much of the contract price as the lienor has performed in proportion to the contract price for the whole, and the lienor's claim shall be adjusted accordingly.
(g) A lien for furnishing tools, equipment, or machinery arises under this chapter to the following extent: (1) For the reasonable rental value for the period of actual use and any reasonable period of nonuse taken into account in the rental contract; except that the reasonable rental value and reasonable periods of use and nonuse need not be determined solely by the contract; or (2) For the purchase price of the tools, equipment or machinery, but the lien for the price only arises if the tools, equipment or machinery were purchased for use in the course of the particular improvement and have no substantial value to the lienor after the completion of the improvement on which they were used.
(1) For the reasonable rental value for the period of actual use and any reasonable period of nonuse taken into account in the rental contract; except that the reasonable rental value and reasonable periods of use and nonuse need not be determined solely by the contract; or
(2) For the purchase price of the tools, equipment or machinery, but the lien for the price only arises if the tools, equipment or machinery were purchased for use in the course of the particular improvement and have no substantial value to the lienor after the completion of the improvement on which they were used.
Amended by 2013 Tenn. Acts, ch. 469,s 3, eff. 7/1/2013.
Code 1858, § 1981 (deriv. Acts 1845-1846, ch. 118, §§ 1, 2); Acts 1859-1860, ch. 114, § 1; Shan., § 3531; mod. Code 1932, § 7914; Acts 1977, ch. 380, § 1; T.C.A. (orig. ed.), § 64-1102; Acts 1982, ch. 639, §§ 1, 2; 1990, ch. 854, § 2; 2007, ch. 189, § 2.
Tenn. Code Ann. § 66-32-306 — TN Code / Title 66 / Chapter 32 / Section 66-32-306
Purchasers' remedies
Status: in_force

(a) A purchaser's remedy for errors in or omissions from the membership camping contract and related materials delivered to the purchaser at the time of sale or any of the disclosures required in § 66-32-305 is limited to a right of rescission and refund of the purchase price paid by the purchaser. This limitation does not apply to errors or omissions from the contract or disclosures or other requirements of this part which are a part of a scheme to willfully misstate or omit the information required. (b) Reasonable attorney fees shall be awarded to the prevailing party in any action under this part. Acts 1985, ch. 303, § 6; T.C.A., § 47-18-406 .
(a) A purchaser's remedy for errors in or omissions from the membership camping contract and related materials delivered to the purchaser at the time of sale or any of the disclosures required in § 66-32-305 is limited to a right of rescission and refund of the purchase price paid by the purchaser. This limitation does not apply to errors or omissions from the contract or disclosures or other requirements of this part which are a part of a scheme to willfully misstate or omit the information required.
(b) Reasonable attorney fees shall be awarded to the prevailing party in any action under this part.
Acts 1985, ch. 303, § 6; T.C.A., § 47-18-406 .
Tenn. Code Ann. § 66-29-112 — TN Code / Title 66 / Chapter 29 / Section 66-29-112
Presumption of abandonment of related property
Status: in_force

At the time an interest in property is presumed abandoned under this part, any other property right accrued or accruing to the apparent owner as a result of the interest, and not previously presumed abandoned, is also presumed abandoned. Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017. Acts 1978, ch. 561, § 11; 1980, ch. 813, § 1; T.C.A., §§ 64-2911, 66-29-111; Acts 1984, ch. 544, § 8; 1986, ch. 539, § 18; 1993, ch. 195, § 9.
At the time an interest in property is presumed abandoned under this part, any other property right accrued or accruing to the apparent owner as a result of the interest, and not previously presumed abandoned, is also presumed abandoned.
Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Acts 1978, ch. 561, § 11; 1980, ch. 813, § 1; T.C.A., §§ 64-2911, 66-29-111; Acts 1984, ch. 544, § 8; 1986, ch. 539, § 18; 1993, ch. 195, § 9.
Tenn. Code Ann. § 66-29-119 — TN Code / Title 66 / Chapter 29 / Section 66-29-119
Custody of property presumed abandoned if holder domiciled in state
Status: in_force

(a) Except as otherwise provided in subsection (b), § 66-29-117 , or § 66-29-118 , the treasurer may take custody of property presumed abandoned, whether located in this state, another state, or a foreign country, if the holder is domiciled in this state, or is the state or a governmental subdivision, agency, or instrumentality of this state, and: (1) Another state or foreign country is not entitled to the property because there is no last known address of the apparent owner or other person entitled to the property in the records of the holder; or (2) The state or foreign country in which the last known address of the apparent owner or other person entitled to the property is located does not provide for custodial taking of the property. (b) The property is not subject to the custody of the treasurer under subsection (a) if: (1) The property is specifically exempt from custodial taking under the law of the state or foreign country in which the last known address of the apparent owner or other person entitled to the property is located; or (2) The property is specifically exempt from custodial taking under the law of this state. (c) For the purposes of this section, if the holder's state of domicile has changed since the time the property was presumed abandoned, the holder's state of domicile is deemed to be the state where the holder was domiciled at the time the property was presumed abandoned. Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017. Acts 1978, ch. 561, § 19; 1979, ch. 226, § 22; 1980, ch. 448, § 2; T.C.A., § 64-2919; Acts 1986, ch. 539, § 19; 1993, ch. 195, § 18; 2003, ch. 101, § 1.
(a) Except as otherwise provided in subsection (b), § 66-29-117 , or § 66-29-118 , the treasurer may take custody of property presumed abandoned, whether located in this state, another state, or a foreign country, if the holder is domiciled in this state, or is the state or a governmental subdivision, agency, or instrumentality of this state, and: (1) Another state or foreign country is not entitled to the property because there is no last known address of the apparent owner or other person entitled to the property in the records of the holder; or (2) The state or foreign country in which the last known address of the apparent owner or other person entitled to the property is located does not provide for custodial taking of the property.
(1) Another state or foreign country is not entitled to the property because there is no last known address of the apparent owner or other person entitled to the property in the records of the holder; or
(2) The state or foreign country in which the last known address of the apparent owner or other person entitled to the property is located does not provide for custodial taking of the property.
(b) The property is not subject to the custody of the treasurer under subsection (a) if: (1) The property is specifically exempt from custodial taking under the law of the state or foreign country in which the last known address of the apparent owner or other person entitled to the property is located; or (2) The property is specifically exempt from custodial taking under the law of this state.
(1) The property is specifically exempt from custodial taking under the law of the state or foreign country in which the last known address of the apparent owner or other person entitled to the property is located; or
(2) The property is specifically exempt from custodial taking under the law of this state.
(c) For the purposes of this section, if the holder's state of domicile has changed since the time the property was presumed abandoned, the holder's state of domicile is deemed to be the state where the holder was domiciled at the time the property was presumed abandoned.
Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Acts 1978, ch. 561, § 19; 1979, ch. 226, § 22; 1980, ch. 448, § 2; T.C.A., § 64-2919; Acts 1986, ch. 539, § 19; 1993, ch. 195, § 18; 2003, ch. 101, § 1.
Tenn. Code Ann. § 66-24-122 — TN Code / Title 66 / Chapter 24 / Section 66-24-122
Parcel identification number or affidavit required on deed
Status: in_force

(a) A deed or other instrument transferring ownership of real property, but not including a deed of trust or mortgage, shall indicate the parcel identification number assigned by the county assessor of property or a sworn affidavit that such information was requested from the assessor and was not furnished promptly. The registrar of deeds shall accept no deed or other such instrument for recordation unless such information or affidavit is contained on the deed or other such instrument. (b) Nothing contained within this section shall be construed to affect the validity of the underlying transfer or conveyance. If a deed or other instrument is accepted for recordation which does not contain the required parcel identification number or affidavit as aforementioned, then the deed or instrument shall be recorded, and the absence of such number or statement shall in no way affect the preference, priority or legal validity of such deed or other evidence of transfer or the legal validity of the recording of the deed or instrument. (c) Nothing contained within this section shall be construed to affect the validity of the underlying transfer or conveyance. If, through error of the registrar of deeds, a deed or other evidence is accepted for recordation and does not contain the required parcel identification number or derivation clause, then the deed or instrument shall be recorded, and the absence of such number or clause shall in no way affect the preference, priority or legal validity of such deed or other evidence of transfer. Acts 1990, ch. 933, § 1.
(a) A deed or other instrument transferring ownership of real property, but not including a deed of trust or mortgage, shall indicate the parcel identification number assigned by the county assessor of property or a sworn affidavit that such information was requested from the assessor and was not furnished promptly. The registrar of deeds shall accept no deed or other such instrument for recordation unless such information or affidavit is contained on the deed or other such instrument.
(b) Nothing contained within this section shall be construed to affect the validity of the underlying transfer or conveyance. If a deed or other instrument is accepted for recordation which does not contain the required parcel identification number or affidavit as aforementioned, then the deed or instrument shall be recorded, and the absence of such number or statement shall in no way affect the preference, priority or legal validity of such deed or other evidence of transfer or the legal validity of the recording of the deed or instrument.
(c) Nothing contained within this section shall be construed to affect the validity of the underlying transfer or conveyance. If, through error of the registrar of deeds, a deed or other evidence is accepted for recordation and does not contain the required parcel identification number or derivation clause, then the deed or instrument shall be recorded, and the absence of such number or clause shall in no way affect the preference, priority or legal validity of such deed or other evidence of transfer.
Acts 1990, ch. 933, § 1.
Tenn. Code Ann. § 66-29-152 — TN Code / Title 66 / Chapter 29 / Section 66-29-152
Claim of property by person claiming to be owner
Status: in_force

(a) A person claiming to be the owner of property held by the treasurer may file a claim for the property in the format prescribed by the treasurer. The claimant shall verify the claim as to its completeness and accuracy. (b) The treasurer may waive the requirement in subsection (a) to file a claim and pay or deliver property directly to any person if: (1) The person receiving the property or payment is shown to be the same person as the apparent owner included on a report filed under § 66-29-123 ; and (2) The treasurer reasonably believes the person is entitled to receive the property or payment. Amended by 2021 Tenn. Acts, ch. 258, s 4, eff. 4/28/2021. Amended by 2017 Tenn. Acts, ch. 457, s 1, eff. 7/1/2017. Acts 1991, ch. 194, § 1.
(a) A person claiming to be the owner of property held by the treasurer may file a claim for the property in the format prescribed by the treasurer. The claimant shall verify the claim as to its completeness and accuracy.
(b) The treasurer may waive the requirement in subsection (a) to file a claim and pay or deliver property directly to any person if: (1) The person receiving the property or payment is shown to be the same person as the apparent owner included on a report filed under § 66-29-123 ; and (2) The treasurer reasonably believes the person is entitled to receive the property or payment.
(1) The person receiving the property or payment is shown to be the same person as the apparent owner included on a report filed under § 66-29-123 ; and
(2) The treasurer reasonably believes the person is entitled to receive the property or payment.
Amended by 2021 Tenn. Acts, ch. 258, s 4, eff. 4/28/2021.
Amended by 2017 Tenn. Acts, ch. 457, s 1, eff. 7/1/2017.
Acts 1991, ch. 194, § 1.
Tenn. Code Ann. § 66-26-113 — TN Code / Title 66 / Chapter 26 / Section 66-26-113
Omission of words from certificate
Status: in_force

The unintentional omission by the clerk or other officer of any words in a certificate of an acknowledgment, or probate of any deed or other instrument, shall in nowise vitiate the validity of the deed, or other instrument or the acknowledgement or probate thereof, but the same shall be good and valid to all intents and purposes, if the substance of the authentication required by law is in the certificate. Code 1858, § 2080 (deriv. Acts 1845-1846, ch. 77); Shan., § 3757; mod. Code 1932, § 7669; T.C.A. (orig. ed.), § 64-2613; Acts 2005, ch. 303, § 5.
The unintentional omission by the clerk or other officer of any words in a certificate of an acknowledgment, or probate of any deed or other instrument, shall in nowise vitiate the validity of the deed, or other instrument or the acknowledgement or probate thereof, but the same shall be good and valid to all intents and purposes, if the substance of the authentication required by law is in the certificate.
Code 1858, § 2080 (deriv. Acts 1845-1846, ch. 77); Shan., § 3757; mod. Code 1932, § 7669; T.C.A. (orig. ed.), § 64-2613; Acts 2005, ch. 303, § 5.
Tenn. Code Ann. § 66-29-111 — TN Code / Title 66 / Chapter 29 / Section 66-29-111
Presumption of abandonment of security
Status: in_force

(a) Except as otherwise provided in § 66-29-113 , a security is presumed abandoned three (3) years after: (1) The date a second consecutive communication sent by the holder by first-class United States mail to the apparent owner is returned to the holder undelivered by the United States postal service; or (2) If the second communication is made later than thirty (30) days after the first communication is returned, the date the first communication is returned undelivered to the holder by the United States postal service. (b) If the apparent owner of a security does not receive communications from the holder by first-class United States mail, the holder shall attempt to confirm the apparent owner's interest in the security by sending the apparent owner an electronic mail communication not later than two (2) years after the apparent owner's indication of interest in the security. If the holder receives notification that the electronic mail communication was not received, or if the apparent owner does not respond to the electronic mail communication within thirty (30) days after the communication was sent, the holder shall promptly attempt to contact the apparent owner by first-class United States mail. If the mail is returned to the holder undelivered by the United States postal service, the security is presumed abandoned three (3) years after the date the mail is returned. Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017. Acts 1978, ch. 561, § 10; T.C.A., §§ 64-2910, 66-29-110; Acts 1984, ch. 544, § 7; 1986, ch. 539, § 17; 1993, ch. 195, § 8.
(a) Except as otherwise provided in § 66-29-113 , a security is presumed abandoned three (3) years after: (1) The date a second consecutive communication sent by the holder by first-class United States mail to the apparent owner is returned to the holder undelivered by the United States postal service; or (2) If the second communication is made later than thirty (30) days after the first communication is returned, the date the first communication is returned undelivered to the holder by the United States postal service.
(1) The date a second consecutive communication sent by the holder by first-class United States mail to the apparent owner is returned to the holder undelivered by the United States postal service; or
(2) If the second communication is made later than thirty (30) days after the first communication is returned, the date the first communication is returned undelivered to the holder by the United States postal service.
(b) If the apparent owner of a security does not receive communications from the holder by first-class United States mail, the holder shall attempt to confirm the apparent owner's interest in the security by sending the apparent owner an electronic mail communication not later than two (2) years after the apparent owner's indication of interest in the security. If the holder receives notification that the electronic mail communication was not received, or if the apparent owner does not respond to the electronic mail communication within thirty (30) days after the communication was sent, the holder shall promptly attempt to contact the apparent owner by first-class United States mail. If the mail is returned to the holder undelivered by the United States postal service, the security is presumed abandoned three (3) years after the date the mail is returned.
Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Acts 1978, ch. 561, § 10; T.C.A., §§ 64-2910, 66-29-110; Acts 1984, ch. 544, § 7; 1986, ch. 539, § 17; 1993, ch. 195, § 8.
Tenn. Code Ann. § 66-29-121 — TN Code / Title 66 / Chapter 29 / Section 66-29-121
Custody of traveler's check, money order, or similar instrument presumed abandoned
Status: in_force

The treasurer may take custody of sums payable on a traveler's check, money order, or similar instrument presumed abandoned to the extent permissible under 12 U.S.C. §§ 2501 - 2503 . Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017. Amended by 2016 Tenn. Acts, ch. 937,s 2, eff. 4/27/2016. Acts 1978, ch. 561, § 21; T.C.A., § 64-2921; Acts 1985, ch. 401, § 2; 1989, ch. 424, § 2; 1995, ch. 445, §§ 2, 3; 1998, ch. 1010, § 2.
The treasurer may take custody of sums payable on a traveler's check, money order, or similar instrument presumed abandoned to the extent permissible under 12 U.S.C. §§ 2501 - 2503 .
Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Amended by 2016 Tenn. Acts, ch. 937,s 2, eff. 4/27/2016.
Acts 1978, ch. 561, § 21; T.C.A., § 64-2921; Acts 1985, ch. 401, § 2; 1989, ch. 424, § 2; 1995, ch. 445, §§ 2, 3; 1998, ch. 1010, § 2.
Tenn. Code Ann. § 66-30-105 — TN Code / Title 66 / Chapter 30 / Section 66-30-105
Redemption
Status: in_force

The obligor shall have the right to redeem a residential ground rent at any time after three (3) years from the date of the ground rent agreement. The redemption shall be effected for such amount as the obligor and the obligee may have agreed upon; or, in the absence of such an agreement, shall be determined by capitalizing the ground rent in effect at the time of redemption at ten percent (10%). Upon tender of such amount by the obligor, together with any lawfully collectible arrearages of rent and interest thereon, the obligor may redeem the land from, and shall be entitled to a release from, all obligation to pay ground rent and to a warranty deed. Such release and such deed shall be in recordable form and the cost of recording the same, together with any other charges incidental to it, other than the state transfer tax, shall be paid by the obligor. The obligor's right to redeem may be assigned absolutely or as collateral security to the holder of any deed of trust or mortgage on the interest of the obligor in the real estate, and such deed of trust or mortgage may require that the obligor exercise the obligor's right to redeem upon the written demand of the trustee or beneficiary thereunder, and that a failure to exercise such right of redemption, under such circumstances, shall constitute a material default under such deed of trust or mortgage. Acts 1980, ch. 735, § 1; T.C.A., § 64-3005.
The obligor shall have the right to redeem a residential ground rent at any time after three (3) years from the date of the ground rent agreement. The redemption shall be effected for such amount as the obligor and the obligee may have agreed upon; or, in the absence of such an agreement, shall be determined by capitalizing the ground rent in effect at the time of redemption at ten percent (10%). Upon tender of such amount by the obligor, together with any lawfully collectible arrearages of rent and interest thereon, the obligor may redeem the land from, and shall be entitled to a release from, all obligation to pay ground rent and to a warranty deed. Such release and such deed shall be in recordable form and the cost of recording the same, together with any other charges incidental to it, other than the state transfer tax, shall be paid by the obligor. The obligor's right to redeem may be assigned absolutely or as collateral security to the holder of any deed of trust or mortgage on the interest of the obligor in the real estate, and such deed of trust or mortgage may require that the obligor exercise the obligor's right to redeem upon the written demand of the trustee or beneficiary thereunder, and that a failure to exercise such right of redemption, under such circumstances, shall constitute a material default under such deed of trust or mortgage.
Acts 1980, ch. 735, § 1; T.C.A., § 64-3005.
Tenn. Code Ann. § 66-29-184 — TN Code / Title 66 / Chapter 29 / Section 66-29-184
Transitional provision
Status: in_force

(a) An initial report filed under this part for property that was not required to be reported before July 1, 2017, but that is required to be reported under this part after July 1, 2017, must include all items of property that would have been presumed abandoned during the ten-year period immediately preceding July 1, 2017, as if this chapter had been in effect during that period. (b) This part does not relieve a holder of a duty that arose before July 1, 2017, to report, pay, or deliver property under any provision of law in effect before July 1, 2017. Except as otherwise provided in § 66-29-140 , a holder who did not comply with the law governing unclaimed property before July 1, 2017, is subject to applicable provisions for enforcement and penalties in effect before July 1, 2017. (c) Interest on interest-bearing property is not payable for any period before July 1, 2017, unless authorized by a provision of law superseded by this part. Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
(a) An initial report filed under this part for property that was not required to be reported before July 1, 2017, but that is required to be reported under this part after July 1, 2017, must include all items of property that would have been presumed abandoned during the ten-year period immediately preceding July 1, 2017, as if this chapter had been in effect during that period.
(b) This part does not relieve a holder of a duty that arose before July 1, 2017, to report, pay, or deliver property under any provision of law in effect before July 1, 2017. Except as otherwise provided in § 66-29-140 , a holder who did not comply with the law governing unclaimed property before July 1, 2017, is subject to applicable provisions for enforcement and penalties in effect before July 1, 2017.
(c) Interest on interest-bearing property is not payable for any period before July 1, 2017, unless authorized by a provision of law superseded by this part.
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Tenn. Code Ann. § 66-27-414 — TN Code / Title 66 / Chapter 27 / Section 66-27-414
Assessments for common expenses
Status: in_force

(a) Until the board of directors makes a common expense assessment, the declarant shall pay all common expenses. After any assessment has been made by the board of directors, assessments must be made at least annually, based on a budget adopted at least annually by the board of directors. (b) Except for assessments under subsections (c)-(e), all common expenses must be assessed against all the units in accordance with the allocations set forth in the declaration pursuant to § 66-27-307(a) . Any past due common expense assessment or installment of the common expense assessment bears interest at the rate established by the association not exceeding the maximum effective annual rate of interest as determined by the department of financial institutions. (c) To the extent permitted by the declaration: (1) Any common expense associated with the maintenance, repair, or replacement of a limited common element may be assessed against the units to which that limited common element is assigned, equally, or in any other proportion that the declaration provides; (2) Any common expense or portion of the common expense benefiting fewer than all of the units may be assessed exclusively against the units benefited; and (3) The costs of insurance may be assessed in proportion to risk and the costs of utilities must be assessed in proportion to usage. (d) Assessments to pay a judgment against the association pursuant to § 66-27-416(a) may be made only against the units in the condominium at the time the judgment was entered, in proportion to their common expense liabilities. (e) If any common expense is caused by the misconduct of any unit owner, the association may assess that expense exclusively against the owner's unit. (f) If common expense liabilities are reallocated, common expense assessments and any installment of the common expense assessments not yet due shall be recalculated in accordance with the reallocated common expense liabilities. (g) With respect to residential units only, notwithstanding any provision to the contrary set forth in the declaration, the board of directors shall have the power at any time to levy assessments to preserve the physical integrity of the condominium or to comply with governmental requirements applicable to the condominium. The assessments may be in the form of a single assessment or an assessment for reserves to be paid in such installments as shall be determined by the board of directors. Acts 2008, ch. 766, § 1.
(a) Until the board of directors makes a common expense assessment, the declarant shall pay all common expenses. After any assessment has been made by the board of directors, assessments must be made at least annually, based on a budget adopted at least annually by the board of directors.
(b) Except for assessments under subsections (c)-(e), all common expenses must be assessed against all the units in accordance with the allocations set forth in the declaration pursuant to § 66-27-307(a) . Any past due common expense assessment or installment of the common expense assessment bears interest at the rate established by the association not exceeding the maximum effective annual rate of interest as determined by the department of financial institutions.
(c) To the extent permitted by the declaration: (1) Any common expense associated with the maintenance, repair, or replacement of a limited common element may be assessed against the units to which that limited common element is assigned, equally, or in any other proportion that the declaration provides; (2) Any common expense or portion of the common expense benefiting fewer than all of the units may be assessed exclusively against the units benefited; and (3) The costs of insurance may be assessed in proportion to risk and the costs of utilities must be assessed in proportion to usage.
(1) Any common expense associated with the maintenance, repair, or replacement of a limited common element may be assessed against the units to which that limited common element is assigned, equally, or in any other proportion that the declaration provides;
(2) Any common expense or portion of the common expense benefiting fewer than all of the units may be assessed exclusively against the units benefited; and
(3) The costs of insurance may be assessed in proportion to risk and the costs of utilities must be assessed in proportion to usage.
(d) Assessments to pay a judgment against the association pursuant to § 66-27-416(a) may be made only against the units in the condominium at the time the judgment was entered, in proportion to their common expense liabilities.
(e) If any common expense is caused by the misconduct of any unit owner, the association may assess that expense exclusively against the owner's unit.
(f) If common expense liabilities are reallocated, common expense assessments and any installment of the common expense assessments not yet due shall be recalculated in accordance with the reallocated common expense liabilities.
(g) With respect to residential units only, notwithstanding any provision to the contrary set forth in the declaration, the board of directors shall have the power at any time to levy assessments to preserve the physical integrity of the condominium or to comply with governmental requirements applicable to the condominium. The assessments may be in the form of a single assessment or an assessment for reserves to be paid in such installments as shall be determined by the board of directors.
Acts 2008, ch. 766, § 1.
Tenn. Code Ann. § 66-14-106 — TN Code / Title 66 / Chapter 14 / Section 66-14-106
Disposition of proceeds of sale
Status: in_force

If the goods are sold, from the proceeds of such sale the artisan shall satisfy such artisan's lien, including the reasonable charges of notice, advertisement, and sale. The balance, if any, of the proceeds shall be held by the artisan, and delivered on demand to the person to whom the artisan would have been bound to deliver or justified in delivering the goods. If no person claims the balance within twelve (12) months, the artisan shall turn over the balance to the trustee of the county for the benefit of the common schools of the county in which the goods were sold. Acts 1935, ch. 53, § 1; C. Supp. 1950, § 7988; T.C.A. (orig. ed.), § 64-1406.
If the goods are sold, from the proceeds of such sale the artisan shall satisfy such artisan's lien, including the reasonable charges of notice, advertisement, and sale. The balance, if any, of the proceeds shall be held by the artisan, and delivered on demand to the person to whom the artisan would have been bound to deliver or justified in delivering the goods. If no person claims the balance within twelve (12) months, the artisan shall turn over the balance to the trustee of the county for the benefit of the common schools of the county in which the goods were sold.
Acts 1935, ch. 53, § 1; C. Supp. 1950, § 7988; T.C.A. (orig. ed.), § 64-1406.
Tenn. Code Ann. § 66-7-101 — TN Code / Title 66 / Chapter 7 / Section 66-7-101
Writing required for long term leases - Authentication and registration
Status: in_force

Leases for more than three (3) years shall be in writing, and, to be valid against any person other than the lessor, the lessor's heirs and devisees, and persons having actual notice thereof, shall be proved and registered as provided in chapters 22-24 of this title. Code 1858, § 2002 (deriv. Acts 1841-1842, ch. 12, § 4); Shan., §3663; Code 1932, § 7191; T.C.A. (orig. ed.), § 64-701.
Leases for more than three (3) years shall be in writing, and, to be valid against any person other than the lessor, the lessor's heirs and devisees, and persons having actual notice thereof, shall be proved and registered as provided in chapters 22-24 of this title.
Code 1858, § 2002 (deriv. Acts 1841-1842, ch. 12, § 4); Shan., §3663; Code 1932, § 7191; T.C.A. (orig. ed.), § 64-701.
Tenn. Code Ann. § 66-29-181 — TN Code / Title 66 / Chapter 29 / Section 66-29-181
Maintenance of confidential information in secure manner
Status: in_force

(a) If a holder is required to include confidential information in a report to the treasurer, the information must be provided in a secure manner. (b) If confidential information in a record is provided to and maintained by the treasurer and the treasurer's agent as required by this part, the treasurer and the treasurer's agent shall: (1) Implement administrative, technical, and physical safeguards designed to protect the security, confidentiality, and integrity of the information as required by state and federal law; and (2) Protect against reasonably anticipated threats or hazards to the security, confidentiality, or integrity of the information, and against unauthorized access to or use of the information for the purpose of preventing substantial harm or inconvenience to a holder or the holder's customers, including insureds, annuitants, policy or contract owners, and beneficiaries. (c) The treasurer shall: (1) Maintain confidential information held pursuant to this part in accordance with security and confidentiality policies prescribed by rule of the department of treasury; and (2) Require that the treasurer's agent maintain confidential information held pursuant to this part in a secure manner. (d) The treasurer or the treasurer's agent shall comply, and shall cooperate with a holder, if applicable, in complying with the requirements of § 47-18-2107 regarding the unauthorized acquisition of computerized data. Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
(a) If a holder is required to include confidential information in a report to the treasurer, the information must be provided in a secure manner.
(b) If confidential information in a record is provided to and maintained by the treasurer and the treasurer's agent as required by this part, the treasurer and the treasurer's agent shall: (1) Implement administrative, technical, and physical safeguards designed to protect the security, confidentiality, and integrity of the information as required by state and federal law; and (2) Protect against reasonably anticipated threats or hazards to the security, confidentiality, or integrity of the information, and against unauthorized access to or use of the information for the purpose of preventing substantial harm or inconvenience to a holder or the holder's customers, including insureds, annuitants, policy or contract owners, and beneficiaries.
(1) Implement administrative, technical, and physical safeguards designed to protect the security, confidentiality, and integrity of the information as required by state and federal law; and
(2) Protect against reasonably anticipated threats or hazards to the security, confidentiality, or integrity of the information, and against unauthorized access to or use of the information for the purpose of preventing substantial harm or inconvenience to a holder or the holder's customers, including insureds, annuitants, policy or contract owners, and beneficiaries.
(c) The treasurer shall: (1) Maintain confidential information held pursuant to this part in accordance with security and confidentiality policies prescribed by rule of the department of treasury; and (2) Require that the treasurer's agent maintain confidential information held pursuant to this part in a secure manner.
(1) Maintain confidential information held pursuant to this part in accordance with security and confidentiality policies prescribed by rule of the department of treasury; and
(2) Require that the treasurer's agent maintain confidential information held pursuant to this part in a secure manner.
(d) The treasurer or the treasurer's agent shall comply, and shall cooperate with a holder, if applicable, in complying with the requirements of § 47-18-2107 regarding the unauthorized acquisition of computerized data.
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Tenn. Code Ann. § 66-4-202 — TN Code / Title 66 / Chapter 4 / Section 66-4-202
Sale without possession
Status: in_force

Any such agreement, bargain, sale, promise, covenant or grant shall be utterly void where the seller has not personally, or by the seller's agent or tenant, or the seller's ancestor, been in actual possession of the lands or tenements, or of the reversion or remainder, or taken the rents or profits for one (1) whole year next before the sale. Code 1858, § 1777 (deriv. Acts 1821, ch. 66, § 1); Shan. § 3172; Code 1932, § 7824; T.C.A. (orig. ed.), § 64-407.
Any such agreement, bargain, sale, promise, covenant or grant shall be utterly void where the seller has not personally, or by the seller's agent or tenant, or the seller's ancestor, been in actual possession of the lands or tenements, or of the reversion or remainder, or taken the rents or profits for one (1) whole year next before the sale.
Code 1858, § 1777 (deriv. Acts 1821, ch. 66, § 1); Shan. § 3172; Code 1932, § 7824; T.C.A. (orig. ed.), § 64-407.
Tenn. Code Ann. § 66-27-111 — TN Code / Title 66 / Chapter 27 / Section 66-27-111
Administrative bylaws recorded
Status: in_force

The administration of every building constituted into horizontal property shall be governed by bylaws which shall be inserted in or appended to and recorded with the master deed or declaration, as the case may be. Acts 1963, ch. 124, § 11; T.C.A., § 64-2711; Acts 1990, ch. 823, § 12.
The administration of every building constituted into horizontal property shall be governed by bylaws which shall be inserted in or appended to and recorded with the master deed or declaration, as the case may be.
Acts 1963, ch. 124, § 11; T.C.A., § 64-2711; Acts 1990, ch. 823, § 12.
Tenn. Code Ann. § 66-29-149 — TN Code / Title 66 / Chapter 29 / Section 66-29-149
Treasurer as custodian of property for owner
Status: in_force

Property received by the treasurer under this part is held in custody for the benefit of the owner and is not owned by the state. Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Property received by the treasurer under this part is held in custody for the benefit of the owner and is not owned by the state.
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Tenn. Code Ann. § 66-12-109 — TN Code / Title 66 / Chapter 12 / Section 66-12-109
Disposal of crop with intent to deprive landlord of lien
Status: in_force

If any person disposes of any crop or part thereof that is subject to any such landlord's lien, as provided in §§ 66-12-101 - 66-12-112, with the purpose of depriving the owners of any such indebtedness of the same or its proceeds, such person commits a Class C misdemeanor, whether the person so offending had custody of the property at the time or not. Acts 1897, ch. 114, § 1; Shan., § 5305a1; mod. Code 1932, §8025; T.C.A. (orig. ed.), § 64-1209; Acts 1989, ch. 591, § 113.
If any person disposes of any crop or part thereof that is subject to any such landlord's lien, as provided in §§ 66-12-101 - 66-12-112, with the purpose of depriving the owners of any such indebtedness of the same or its proceeds, such person commits a Class C misdemeanor, whether the person so offending had custody of the property at the time or not.
Acts 1897, ch. 114, § 1; Shan., § 5305a1; mod. Code 1932, §8025; T.C.A. (orig. ed.), § 64-1209; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 66-23-110 — TN Code / Title 66 / Chapter 23 / Section 66-23-110
Witness fees
Status: in_force

(a) The witness fees, to be paid by the party summoning them, at the time of their attendance, shall be the following: (1) For each day's attendance, seventy-five cents (75¢); and (2) For every thirty (30) miles traveling to and from the clerk's office, seventy-five cents (75¢); provided, that no mileage shall be allowed a witness who resides within the county where the instrument is to be proved. (b) Should the party fail or refuse to pay the witness fees, the witness may recover the same before a general sessions court. Code 1858, §§ 2060-2062 (deriv. Acts 1806, ch. 49, § 2; 1833, ch. 92, §9); Shan., §§ 3737-3739; Code 1932, §§ 7652-7654; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 64-2310.
(a) The witness fees, to be paid by the party summoning them, at the time of their attendance, shall be the following: (1) For each day's attendance, seventy-five cents (75¢); and (2) For every thirty (30) miles traveling to and from the clerk's office, seventy-five cents (75¢); provided, that no mileage shall be allowed a witness who resides within the county where the instrument is to be proved.
(1) For each day's attendance, seventy-five cents (75¢); and
(2) For every thirty (30) miles traveling to and from the clerk's office, seventy-five cents (75¢); provided, that no mileage shall be allowed a witness who resides within the county where the instrument is to be proved.
(b) Should the party fail or refuse to pay the witness fees, the witness may recover the same before a general sessions court.
Code 1858, §§ 2060-2062 (deriv. Acts 1806, ch. 49, § 2; 1833, ch. 92, §9); Shan., §§ 3737-3739; Code 1932, §§ 7652-7654; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 64-2310.
Tenn. Code Ann. § 66-20-106 — TN Code / Title 66 / Chapter 20 / Section 66-20-106
Commercial feed lot proprietors' and operators' lien
Status: in_force

Commercial feed lot proprietors and operators shall be entitled to the same lien provided for in § 66-20-101 on all livestock received by them covering all reasonable charges in caring for, boarding, feeding, or pasturing such livestock, until the same have been paid. Acts 1963, ch. 123, § 1; T.C.A., § 64-2006.
Commercial feed lot proprietors and operators shall be entitled to the same lien provided for in § 66-20-101 on all livestock received by them covering all reasonable charges in caring for, boarding, feeding, or pasturing such livestock, until the same have been paid.
Acts 1963, ch. 123, § 1; T.C.A., § 64-2006.
Tenn. Code Ann. § 66-21-102 — TN Code / Title 66 / Chapter 21 / Section 66-21-102
Lien book furnished to register
Status: in_force

It is imperative that the county legislative body purchase and furnish to the register of each county a well-bound book to be known as and labeled "Lien Book," in which all pages shall be blank except the index pages described in § 66-21-103 . Code 1932, § 8058; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 64-2102.
It is imperative that the county legislative body purchase and furnish to the register of each county a well-bound book to be known as and labeled "Lien Book," in which all pages shall be blank except the index pages described in § 66-21-103 .
Code 1932, § 8058; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 64-2102.
Tenn. Code Ann. § 66-27-305 — TN Code / Title 66 / Chapter 27 / Section 66-27-305
Contents of declaration
Status: in_force

(a) The declaration for a condominium must contain: (1) The name of the condominium, which must include the word "condominium" or be followed by the words "a condominium", and the association; (2) The name of every county in which any part of the condominium is situated; (3) A legally sufficient description of the real estate included in the condominium, including a recital pursuant to § 66-24-110 ; (4) A description of the boundaries of each unit created by the declaration, including the unit's identifying number; (5) A description of any limited common elements, other than those specified in § 66-27-302(2) and (4) , as provided in § 66-27-309(b)(10) ; (6) A description of any real estate, except real estate subject to development rights, that may be allocated subsequently as limited common elements, other than limited common elements specified in § 66-27-302(2) and (4) , together with a statement that they may be so allocated; (7) A description of any development rights and other special declarant rights as defined by § 66-27-203 , reserved by the declarant; provided, that, prior to the exercise of any such rights, no consent or joinder by the holder of the right to the termination of the condominium shall be required; (8) If any development right may be exercised with respect to different parcels of real estate, a statement to that effect, together with a statement fixing the boundaries of those portions and regulating the order in which those portions may be subjected to the exercise of each development right; provided, that, if the declaration does not provide that the right must be exercised at a specific time, in a particular order, or with respect to all of the real estate, then the right may be exercised at any time, in any order, or with respect to any portion of the real estate; (9) Any conditions or limitations under which the rights described in subdivision (a)(7) may be exercised or will lapse; (10) An allocation to each unit of the allocated interests in the manner described in § 66-27-307 ; (11) Any restrictions on use, occupancy, and alienation of the units; and (12) All matters required by §§ 66-27-306 , 66-27-307 , 66-27-308 , 66-27-309 , 66-27-315 , 66-27-316 , and 66-27-403(c) . (b) The declaration may contain any other matters the declarant deems appropriate. Acts 2008, ch. 766, § 1.
(a) The declaration for a condominium must contain: (1) The name of the condominium, which must include the word "condominium" or be followed by the words "a condominium", and the association; (2) The name of every county in which any part of the condominium is situated; (3) A legally sufficient description of the real estate included in the condominium, including a recital pursuant to § 66-24-110 ; (4) A description of the boundaries of each unit created by the declaration, including the unit's identifying number; (5) A description of any limited common elements, other than those specified in § 66-27-302(2) and (4) , as provided in § 66-27-309(b)(10) ; (6) A description of any real estate, except real estate subject to development rights, that may be allocated subsequently as limited common elements, other than limited common elements specified in § 66-27-302(2) and (4) , together with a statement that they may be so allocated; (7) A description of any development rights and other special declarant rights as defined by § 66-27-203 , reserved by the declarant; provided, that, prior to the exercise of any such rights, no consent or joinder by the holder of the right to the termination of the condominium shall be required; (8) If any development right may be exercised with respect to different parcels of real estate, a statement to that effect, together with a statement fixing the boundaries of those portions and regulating the order in which those portions may be subjected to the exercise of each development right; provided, that, if the declaration does not provide that the right must be exercised at a specific time, in a particular order, or with respect to all of the real estate, then the right may be exercised at any time, in any order, or with respect to any portion of the real estate; (9) Any conditions or limitations under which the rights described in subdivision (a)(7) may be exercised or will lapse; (10) An allocation to each unit of the allocated interests in the manner described in § 66-27-307 ; (11) Any restrictions on use, occupancy, and alienation of the units; and (12) All matters required by §§ 66-27-306 , 66-27-307 , 66-27-308 , 66-27-309 , 66-27-315 , 66-27-316 , and 66-27-403(c) .
(1) The name of the condominium, which must include the word "condominium" or be followed by the words "a condominium", and the association;
(2) The name of every county in which any part of the condominium is situated;
(3) A legally sufficient description of the real estate included in the condominium, including a recital pursuant to § 66-24-110 ;
(4) A description of the boundaries of each unit created by the declaration, including the unit's identifying number;
(5) A description of any limited common elements, other than those specified in § 66-27-302(2) and (4) , as provided in § 66-27-309(b)(10) ;
(6) A description of any real estate, except real estate subject to development rights, that may be allocated subsequently as limited common elements, other than limited common elements specified in § 66-27-302(2) and (4) , together with a statement that they may be so allocated;
(7) A description of any development rights and other special declarant rights as defined by § 66-27-203 , reserved by the declarant; provided, that, prior to the exercise of any such rights, no consent or joinder by the holder of the right to the termination of the condominium shall be required;
(8) If any development right may be exercised with respect to different parcels of real estate, a statement to that effect, together with a statement fixing the boundaries of those portions and regulating the order in which those portions may be subjected to the exercise of each development right; provided, that, if the declaration does not provide that the right must be exercised at a specific time, in a particular order, or with respect to all of the real estate, then the right may be exercised at any time, in any order, or with respect to any portion of the real estate;
(9) Any conditions or limitations under which the rights described in subdivision (a)(7) may be exercised or will lapse;
(10) An allocation to each unit of the allocated interests in the manner described in § 66-27-307 ;
(11) Any restrictions on use, occupancy, and alienation of the units; and
(12) All matters required by §§ 66-27-306 , 66-27-307 , 66-27-308 , 66-27-309 , 66-27-315 , 66-27-316 , and 66-27-403(c) .
(b) The declaration may contain any other matters the declarant deems appropriate.
Acts 2008, ch. 766, § 1.
Tenn. Code Ann. § 66-32-117 — TN Code / Title 66 / Chapter 32 / Section 66-32-117
Liens
Status: in_force

(a) Unless the purchaser expressly agrees to take subject to or assume a lien prior to transferring a time-share interval other than by deed in lieu of foreclosure, the developer shall record or furnish to the purchaser releases of all liens affecting that time-share interval, or shall provide a surety bond or insurance against the lien. (b) Unless a time-share interval owner or such owner's predecessor in title agrees otherwise with the lienor, if a lien other than an underlying mortgage or deed of trust becomes effective against more than one (1) time-share interval in a time-share project, any time-share interval owner is entitled to a release of such owner's time-share interval from the lien upon payment of the amount. The payment must be proportionate to the ratio that the time-share interval owner's liability bears to the liabilities of all time-share interval owners whose interests are subject to the lien. Upon receipt of payment, the lienholder shall promptly deliver to the time-share interval owner a release of the lien covering that time-share interval. After payment, the managing entity may not assess or have a lien against that time-share interval for any portion of the expenses incurred in connection with that lien. Acts 1981, ch. 372, § 18; T.C.A., § 64-3218.
(a) Unless the purchaser expressly agrees to take subject to or assume a lien prior to transferring a time-share interval other than by deed in lieu of foreclosure, the developer shall record or furnish to the purchaser releases of all liens affecting that time-share interval, or shall provide a surety bond or insurance against the lien.
(b) Unless a time-share interval owner or such owner's predecessor in title agrees otherwise with the lienor, if a lien other than an underlying mortgage or deed of trust becomes effective against more than one (1) time-share interval in a time-share project, any time-share interval owner is entitled to a release of such owner's time-share interval from the lien upon payment of the amount. The payment must be proportionate to the ratio that the time-share interval owner's liability bears to the liabilities of all time-share interval owners whose interests are subject to the lien. Upon receipt of payment, the lienholder shall promptly deliver to the time-share interval owner a release of the lien covering that time-share interval. After payment, the managing entity may not assess or have a lien against that time-share interval for any portion of the expenses incurred in connection with that lien.
Acts 1981, ch. 372, § 18; T.C.A., § 64-3218.
Tenn. Code Ann. § 66-5-209 — TN Code / Title 66 / Chapter 5 / Section 66-5-209
Exempt property transfers
Status: in_force

The following are specifically excluded from this part: (1) Transfers pursuant to court order including, but not limited to, transfers ordered by a court in the administration of an estate, transfers pursuant to a writ of execution, transfers by foreclosure sale, transfers by a trustee in bankruptcy, transfers by eminent domain and transfers resulting from a decree of specific performance; (2) Transfers to a beneficiary of a deed of trust by a trustor or successor in interest who is in default; transfers by a trustee under a deed of trust pursuant to a foreclosure sale; or transfers by a beneficiary under a deed of trust who has acquired the real property at a sale conducted pursuant to a foreclosure sale under a deed of trust or has acquired the real property by a deed in lieu of foreclosure; (3) Transfers by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship or trust; (4) Transfers from one (1) or more co-owners solely to one (1) or more co-owners. This subdivision (4) is intended to apply and only does apply in situations where ownership is by a tenancy by the entirety, a joint tenancy or a tenancy in common and the transfer will be made from one (1) or more of the owners to another owner or co-owners holding property either as a joint tenancy, tenancy in common or tenancy by the entirety; (5) Transfers made solely to any combination of a spouse or a person or persons in the lineal line of consanguinity of one (1) or more of the transferors; (6) Transfers between spouses resulting from a decree of divorce or a property settlement stipulation; (7) Transfers made by virtue of the record owner's failure to pay any federal, state or local taxes; (8) Transfers to or from any governmental entity of public or quasi-public housing authority or agency; (9) Transfers involving the first sale of a dwelling provided that the builder offers a written warranty; (10) Any property sold at public auction; (11) Any transfer of property where the owner has not resided on the property at any time within three (3) years prior to the date of transfer; and (12) Any transfer from a debtor in a chapter 7 or a chapter 13 bankruptcy to a creditor or third party by a deed in lieu of foreclosure or by a quitclaim deed. Acts 1994, ch. 828, § 9; 2000, ch. 771, §§ 2 - 4.
The following are specifically excluded from this part:
(1) Transfers pursuant to court order including, but not limited to, transfers ordered by a court in the administration of an estate, transfers pursuant to a writ of execution, transfers by foreclosure sale, transfers by a trustee in bankruptcy, transfers by eminent domain and transfers resulting from a decree of specific performance;
(2) Transfers to a beneficiary of a deed of trust by a trustor or successor in interest who is in default; transfers by a trustee under a deed of trust pursuant to a foreclosure sale; or transfers by a beneficiary under a deed of trust who has acquired the real property at a sale conducted pursuant to a foreclosure sale under a deed of trust or has acquired the real property by a deed in lieu of foreclosure;
(3) Transfers by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship or trust;
(4) Transfers from one (1) or more co-owners solely to one (1) or more co-owners. This subdivision (4) is intended to apply and only does apply in situations where ownership is by a tenancy by the entirety, a joint tenancy or a tenancy in common and the transfer will be made from one (1) or more of the owners to another owner or co-owners holding property either as a joint tenancy, tenancy in common or tenancy by the entirety;
(5) Transfers made solely to any combination of a spouse or a person or persons in the lineal line of consanguinity of one (1) or more of the transferors;
(6) Transfers between spouses resulting from a decree of divorce or a property settlement stipulation;
(7) Transfers made by virtue of the record owner's failure to pay any federal, state or local taxes;
(8) Transfers to or from any governmental entity of public or quasi-public housing authority or agency;
(9) Transfers involving the first sale of a dwelling provided that the builder offers a written warranty;
(10) Any property sold at public auction;
(11) Any transfer of property where the owner has not resided on the property at any time within three (3) years prior to the date of transfer; and
(12) Any transfer from a debtor in a chapter 7 or a chapter 13 bankruptcy to a creditor or third party by a deed in lieu of foreclosure or by a quitclaim deed.
Acts 1994, ch. 828, § 9; 2000, ch. 771, §§ 2 - 4.
Tenn. Code Ann. § 66-25-209 — TN Code / Title 66 / Chapter 25 / Section 66-25-209
Liability of register for improper release
Status: in_force

Should the register attest a marginal release without seeing to the compliance with the requirements of this chapter, the register and the sureties on the register's official bond shall be liable to any person injured in consequence thereof. Acts 1990, ch. 902, § 14.
Should the register attest a marginal release without seeing to the compliance with the requirements of this chapter, the register and the sureties on the register's official bond shall be liable to any person injured in consequence thereof.
Acts 1990, ch. 902, § 14.
Tenn. Code Ann. § 66-29-143 — TN Code / Title 66 / Chapter 29 / Section 66-29-143
Reserved
Status: repealed

Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Tenn. Code Ann. § 66-31-103 — TN Code / Title 66 / Chapter 31 / Section 66-31-103
Owner access to leased space
Status: in_force

Upon the reasonable request of the owner, the occupant shall provide access to the owner to enter the leased space for the purpose of inspection, repair, alteration, improvement, or to supply necessary or agreed services. In case of emergency, the owner may enter the leased space for any of these purposes without notice to or consent from the occupant. For the purposes of this section, "emergency" means any sudden, unexpected occurrence or circumstance which demands immediate action. Acts 1980, ch. 717, § 3; T.C.A., § 64-3103.
Upon the reasonable request of the owner, the occupant shall provide access to the owner to enter the leased space for the purpose of inspection, repair, alteration, improvement, or to supply necessary or agreed services. In case of emergency, the owner may enter the leased space for any of these purposes without notice to or consent from the occupant. For the purposes of this section, "emergency" means any sudden, unexpected occurrence or circumstance which demands immediate action.
Acts 1980, ch. 717, § 3; T.C.A., § 64-3103.
Tenn. Code Ann. § 66-37-102 — TN Code / Title 66 / Chapter 37 / Section 66-37-102
Chapter definitions
Status: in_force

As used in this chapter: (1) "Association" means a nonprofit, mandatory membership organization comprised of owners of homes, condominiums, cooperatives, manufactured homes, or any interest in real property, created pursuant to a declaration, covenant, or other applicable law; (2) "Transfer" means the sale, gift, grant, conveyance, assignment, inheritance, or other transfer of an interest in real property located in this state; (3) "Transfer fee" means a fee or charge imposed by a transfer fee covenant, but does not include any tax, assessment, fee or charge imposed by a governmental authority pursuant to applicable laws, ordinances, or regulations; and (4) "Transfer fee covenant" means a provision in a document, whether recorded or not and however denominated, that purports to run with the land or bind current owners or successors in title to specified real property located in this state, and that obligates a transferee or transferor of all or part of the property to pay a fee or charge to a third person upon transfer of an interest in all or part of the property, or in consideration for permitting any such transfer. "Transfer fee covenant" does not include: (A) Any provision of a purchase contract, option, mortgage, security agreement, real property listing agreement, or other agreement that obligates one party to the agreement to pay the other, as full or partial consideration for the agreement or for a waiver of rights under the agreement, an amount determined by the agreement, if that amount: (i) Is payable on a one-time basis only upon the next transfer of an interest in the specified real property and, once paid, shall not bind successors in title to the property; (ii) Constitutes a loan assumption or similar fee charged by a lender holding a lien on the property; or (iii) Constitutes a fee or commission paid to a licensed real estate broker for brokerage services rendered in connection with the transfer of the property for which the fee or commission is paid; (iv) Any fee charged by an association or an agent of an association to a transferor or transferee for a service rendered contemporaneously with the imposition of the fee, provided the fee is not to be passed through to a third party other than an agent of the association; (B) Any provision in a deed, memorandum, or other document recorded for the purpose of providing record notice of an agreement described in subdivision (4)(A); (C) Any provision of a document requiring payment of a fee or charge to an association or its managing agent to be used exclusively for purposes authorized in the document, as long as no portion of the fee is required to be passed through to a third party designated or identifiable by description in the document or another document referenced therein; or (D) Any provision of a document requiring payment of a fee or charge to an organization described in § 501(c)(3) or § 501(c)(4) of the Internal Revenue Code ( 26 U.S.C. § 501(c)(3) , § 501(c)(4) ), to be used exclusively to support cultural, educational, charitable, recreational, environmental, conservation, or other similar activities benefiting the real property affected by the provision or the community of which the property is a part. Acts 2011 , ch. 462, § 3.
As used in this chapter:
(1) "Association" means a nonprofit, mandatory membership organization comprised of owners of homes, condominiums, cooperatives, manufactured homes, or any interest in real property, created pursuant to a declaration, covenant, or other applicable law;
(2) "Transfer" means the sale, gift, grant, conveyance, assignment, inheritance, or other transfer of an interest in real property located in this state;
(3) "Transfer fee" means a fee or charge imposed by a transfer fee covenant, but does not include any tax, assessment, fee or charge imposed by a governmental authority pursuant to applicable laws, ordinances, or regulations; and
(4) "Transfer fee covenant" means a provision in a document, whether recorded or not and however denominated, that purports to run with the land or bind current owners or successors in title to specified real property located in this state, and that obligates a transferee or transferor of all or part of the property to pay a fee or charge to a third person upon transfer of an interest in all or part of the property, or in consideration for permitting any such transfer. "Transfer fee covenant" does not include: (A) Any provision of a purchase contract, option, mortgage, security agreement, real property listing agreement, or other agreement that obligates one party to the agreement to pay the other, as full or partial consideration for the agreement or for a waiver of rights under the agreement, an amount determined by the agreement, if that amount: (i) Is payable on a one-time basis only upon the next transfer of an interest in the specified real property and, once paid, shall not bind successors in title to the property; (ii) Constitutes a loan assumption or similar fee charged by a lender holding a lien on the property; or (iii) Constitutes a fee or commission paid to a licensed real estate broker for brokerage services rendered in connection with the transfer of the property for which the fee or commission is paid; (iv) Any fee charged by an association or an agent of an association to a transferor or transferee for a service rendered contemporaneously with the imposition of the fee, provided the fee is not to be passed through to a third party other than an agent of the association; (B) Any provision in a deed, memorandum, or other document recorded for the purpose of providing record notice of an agreement described in subdivision (4)(A); (C) Any provision of a document requiring payment of a fee or charge to an association or its managing agent to be used exclusively for purposes authorized in the document, as long as no portion of the fee is required to be passed through to a third party designated or identifiable by description in the document or another document referenced therein; or (D) Any provision of a document requiring payment of a fee or charge to an organization described in § 501(c)(3) or § 501(c)(4) of the Internal Revenue Code ( 26 U.S.C. § 501(c)(3) , § 501(c)(4) ), to be used exclusively to support cultural, educational, charitable, recreational, environmental, conservation, or other similar activities benefiting the real property affected by the provision or the community of which the property is a part.
(A) Any provision of a purchase contract, option, mortgage, security agreement, real property listing agreement, or other agreement that obligates one party to the agreement to pay the other, as full or partial consideration for the agreement or for a waiver of rights under the agreement, an amount determined by the agreement, if that amount: (i) Is payable on a one-time basis only upon the next transfer of an interest in the specified real property and, once paid, shall not bind successors in title to the property; (ii) Constitutes a loan assumption or similar fee charged by a lender holding a lien on the property; or (iii) Constitutes a fee or commission paid to a licensed real estate broker for brokerage services rendered in connection with the transfer of the property for which the fee or commission is paid; (iv) Any fee charged by an association or an agent of an association to a transferor or transferee for a service rendered contemporaneously with the imposition of the fee, provided the fee is not to be passed through to a third party other than an agent of the association;
(i) Is payable on a one-time basis only upon the next transfer of an interest in the specified real property and, once paid, shall not bind successors in title to the property;
(ii) Constitutes a loan assumption or similar fee charged by a lender holding a lien on the property; or
(iii) Constitutes a fee or commission paid to a licensed real estate broker for brokerage services rendered in connection with the transfer of the property for which the fee or commission is paid;
(iv) Any fee charged by an association or an agent of an association to a transferor or transferee for a service rendered contemporaneously with the imposition of the fee, provided the fee is not to be passed through to a third party other than an agent of the association;
(B) Any provision in a deed, memorandum, or other document recorded for the purpose of providing record notice of an agreement described in subdivision (4)(A);
(C) Any provision of a document requiring payment of a fee or charge to an association or its managing agent to be used exclusively for purposes authorized in the document, as long as no portion of the fee is required to be passed through to a third party designated or identifiable by description in the document or another document referenced therein; or
(D) Any provision of a document requiring payment of a fee or charge to an organization described in § 501(c)(3) or § 501(c)(4) of the Internal Revenue Code ( 26 U.S.C. § 501(c)(3) , § 501(c)(4) ), to be used exclusively to support cultural, educational, charitable, recreational, environmental, conservation, or other similar activities benefiting the real property affected by the provision or the community of which the property is a part.
Acts 2011 , ch. 462, § 3.
Tenn. Code Ann. § 66-3-301 — TN Code / Title 66 / Chapter 3 / Section 66-3-301
Short title
Status: in_force

This part may be cited as the "Uniform Fraudulent Transfer Act." Acts 2003, ch. 42, § 1.
This part may be cited as the "Uniform Fraudulent Transfer Act."
Acts 2003, ch. 42, § 1.
Tenn. Code Ann. § 66-9-102 — TN Code / Title 66 / Chapter 9 / Section 66-9-102
Enforceability of preservation restrictions
Status: in_force

No preservation restriction held by any governmental body or by any nonprofit corporation or trust not for profit shall be unenforceable because of lack of privity of estate or contract, or lack of benefit to particular land, or assignability of the benefit. Acts 1979, ch. 45, § 2; T.C.A., § 64-9-102.
No preservation restriction held by any governmental body or by any nonprofit corporation or trust not for profit shall be unenforceable because of lack of privity of estate or contract, or lack of benefit to particular land, or assignability of the benefit.
Acts 1979, ch. 45, § 2; T.C.A., § 64-9-102.
Tenn. Code Ann. § 66-28-108 — TN Code / Title 66 / Chapter 28 / Section 66-28-108
Notification sent by e-mail
Status: in_force

If the tenant provides an electronic mail address in the rental agreement, any notification required to be sent to the tenant pursuant to this chapter may be made by the landlord through electronic notification to such mail address, unless a provision in this chapter requires a specific form of notification other than electronic notification; provided, however, that the landlord shall not require the tenant to provide an electronic mail address as a condition of entering into a rental agreement. Acts 2011, ch. 272, § 3.
If the tenant provides an electronic mail address in the rental agreement, any notification required to be sent to the tenant pursuant to this chapter may be made by the landlord through electronic notification to such mail address, unless a provision in this chapter requires a specific form of notification other than electronic notification; provided, however, that the landlord shall not require the tenant to provide an electronic mail address as a condition of entering into a rental agreement.
Acts 2011, ch. 272, § 3.
Tenn. Code Ann. § 66-3-204 — TN Code / Title 66 / Chapter 3 / Section 66-3-204
Bona fide purchasers protected
Status: in_force

Lands, tenements, and hereditaments, bona fide aliened before the action brought, shall not be liable to such execution. Code 1858, § 1765 (deriv. Acts 1789, ch. 39, § 3); Shan., § 3156; Code 1932, § 7838; T.C.A. (orig. ed.), § 64-307.
Lands, tenements, and hereditaments, bona fide aliened before the action brought, shall not be liable to such execution.
Code 1858, § 1765 (deriv. Acts 1789, ch. 39, § 3); Shan., § 3156; Code 1932, § 7838; T.C.A. (orig. ed.), § 64-307.
Tenn. Code Ann. § 66-28-402 — TN Code / Title 66 / Chapter 28 / Section 66-28-402
Rules and regulations
Status: in_force

(a) A landlord, from time to time, may adopt rules or regulations, however described, concerning the tenant's use and occupancy of the premises. It is enforceable against the tenant only if: (1) Its purpose is to promote the convenience, safety, or welfare of the tenants in the premises, preserve the landlord's property from abusive use, or make a fair distribution of services and facilities held out for the tenants generally; (2) It is reasonably related to the purpose for which it is adopted; (3) It applies to all tenants in the premises; (4) It is sufficiently explicit in its prohibition, direction, or limitation of the tenant's conduct to fairly inform the tenant of what the tenant must or must not do to comply; (5) It is not for the purpose of evading the obligations of the landlord; and (6) The tenant has notice of it at the time the tenant enters into the rental agreement. (b) A rule or regulation adopted after the tenant enters into the rental agreement is enforceable against the tenant if reasonable notice of its adoption is given to the tenant and it does not work a substantial modification of the rental agreement. Acts 1975, ch. 245, § 3.102; T.C.A., § 64-2832.
(a) A landlord, from time to time, may adopt rules or regulations, however described, concerning the tenant's use and occupancy of the premises. It is enforceable against the tenant only if: (1) Its purpose is to promote the convenience, safety, or welfare of the tenants in the premises, preserve the landlord's property from abusive use, or make a fair distribution of services and facilities held out for the tenants generally; (2) It is reasonably related to the purpose for which it is adopted; (3) It applies to all tenants in the premises; (4) It is sufficiently explicit in its prohibition, direction, or limitation of the tenant's conduct to fairly inform the tenant of what the tenant must or must not do to comply; (5) It is not for the purpose of evading the obligations of the landlord; and (6) The tenant has notice of it at the time the tenant enters into the rental agreement.
(1) Its purpose is to promote the convenience, safety, or welfare of the tenants in the premises, preserve the landlord's property from abusive use, or make a fair distribution of services and facilities held out for the tenants generally;
(2) It is reasonably related to the purpose for which it is adopted;
(3) It applies to all tenants in the premises;
(4) It is sufficiently explicit in its prohibition, direction, or limitation of the tenant's conduct to fairly inform the tenant of what the tenant must or must not do to comply;
(5) It is not for the purpose of evading the obligations of the landlord; and
(6) The tenant has notice of it at the time the tenant enters into the rental agreement.
(b) A rule or regulation adopted after the tenant enters into the rental agreement is enforceable against the tenant if reasonable notice of its adoption is given to the tenant and it does not work a substantial modification of the rental agreement.
Acts 1975, ch. 245, § 3.102; T.C.A., § 64-2832.
Tenn. Code Ann. § 66-32-130 — TN Code / Title 66 / Chapter 32 / Section 66-32-130
Premiere tourist resort city
Status: in_force

Notwithstanding any other provisions of this part, a "premiere tourist resort city" defined as a municipality having a population of three thousand (3,000) or more persons, according to the federal census of 1980 or any subsequent federal census in which at least forty percent (40%) of the assessed valuation, as shown by the tax assessment rolls or books of the municipality, of real estate in the municipality consists of hotels, motels, tourist court accommodations, tourist shops and restaurants, is hereby authorized to adopt by its board of commissioners any ordinance necessary to regulate the sale and use of time-share units within its jurisdiction including the requirement of registration, licenses, transfer and related requirements including any related fees. Acts 1981, ch. 372, § 34; T.C.A., § 64-3231.
Notwithstanding any other provisions of this part, a "premiere tourist resort city" defined as a municipality having a population of three thousand (3,000) or more persons, according to the federal census of 1980 or any subsequent federal census in which at least forty percent (40%) of the assessed valuation, as shown by the tax assessment rolls or books of the municipality, of real estate in the municipality consists of hotels, motels, tourist court accommodations, tourist shops and restaurants, is hereby authorized to adopt by its board of commissioners any ordinance necessary to regulate the sale and use of time-share units within its jurisdiction including the requirement of registration, licenses, transfer and related requirements including any related fees.
Acts 1981, ch. 372, § 34; T.C.A., § 64-3231.
Tenn. Code Ann. § 66-4-104 — TN Code / Title 66 / Chapter 4 / Section 66-4-104
Description of land used in deed
Status: in_force

In case the agreement or contract is for part of a tract of land, not ascertained by metes and bounds, the personal representative shall execute the conveyance according to the description given in the contract. Code 1858, § 2029 (deriv. Acts 1794, ch. 5, § 4); Shan., § 3696; Code 1932, § 7618; T.C.A. (orig. ed.), § 64-404.
In case the agreement or contract is for part of a tract of land, not ascertained by metes and bounds, the personal representative shall execute the conveyance according to the description given in the contract.
Code 1858, § 2029 (deriv. Acts 1794, ch. 5, § 4); Shan., § 3696; Code 1932, § 7618; T.C.A. (orig. ed.), § 64-404.
Tenn. Code Ann. § 66-4-301 — TN Code / Title 66 / Chapter 4 / Section 66-4-301
Restrictive covenants on loans by nonprofit lenders at a zero or low interest rate
Status: in_force

(a) All contracts for home loans made by a nonprofit lender with a zero percent (0%) interest rate or low interest rate loan must contain the following restrictive covenant: This zero percent (0%) interest or low interest rate loan cannot be refinanced, replaced or consolidated without the prior, written approval of the local board of directors of the nonprofit lender that financed the loan so long as this initial, zero percent (0%) interest or low interest rate loan is in existence. (b) As used in this section: (1) "Home loan" means a term loan which secures a one (1) to four (4) family dwelling used as the primary residence of the borrower; and (2) "Low interest loan" means a home loan that carries an interest rate that is two (2) percentage points or more below the yield on United States treasury securities with a comparable maturity at the time the loan is made. (c) Each mortgage or deed of trust securing a home loan as provided in subsection (a) shall state on the face of the instrument prominently displayed: THIS INSTRUMENT SECURES A ZERO INTEREST OR LOW INTEREST RATE LOAN AS DEFINED UNDER TENNESSEE CODE ANNOTATED SECTION 66-4-301 AND IS SUBJECT TO THE RESTRICTIONS THEREIN. (d) A lender may reasonably rely on such statement or lack thereof appearing on the face of the instrument as conclusive proof of the existence or nonexistence of a restricted home loan as provided in subsection (a). Acts 2004, ch. 657, § 1.
(a) All contracts for home loans made by a nonprofit lender with a zero percent (0%) interest rate or low interest rate loan must contain the following restrictive covenant: This zero percent (0%) interest or low interest rate loan cannot be refinanced, replaced or consolidated without the prior, written approval of the local board of directors of the nonprofit lender that financed the loan so long as this initial, zero percent (0%) interest or low interest rate loan is in existence.
This zero percent (0%) interest or low interest rate loan cannot be refinanced, replaced or consolidated without the prior, written approval of the local board of directors of the nonprofit lender that financed the loan so long as this initial, zero percent (0%) interest or low interest rate loan is in existence.
(b) As used in this section: (1) "Home loan" means a term loan which secures a one (1) to four (4) family dwelling used as the primary residence of the borrower; and (2) "Low interest loan" means a home loan that carries an interest rate that is two (2) percentage points or more below the yield on United States treasury securities with a comparable maturity at the time the loan is made.
(1) "Home loan" means a term loan which secures a one (1) to four (4) family dwelling used as the primary residence of the borrower; and
(2) "Low interest loan" means a home loan that carries an interest rate that is two (2) percentage points or more below the yield on United States treasury securities with a comparable maturity at the time the loan is made.
(c) Each mortgage or deed of trust securing a home loan as provided in subsection (a) shall state on the face of the instrument prominently displayed: THIS INSTRUMENT SECURES A ZERO INTEREST OR LOW INTEREST RATE LOAN AS DEFINED UNDER TENNESSEE CODE ANNOTATED SECTION 66-4-301 AND IS SUBJECT TO THE RESTRICTIONS THEREIN.
THIS INSTRUMENT SECURES A ZERO INTEREST OR LOW INTEREST RATE LOAN AS DEFINED UNDER TENNESSEE CODE ANNOTATED SECTION 66-4-301 AND IS SUBJECT TO THE RESTRICTIONS THEREIN.
(d) A lender may reasonably rely on such statement or lack thereof appearing on the face of the instrument as conclusive proof of the existence or nonexistence of a restricted home loan as provided in subsection (a).
Acts 2004, ch. 657, § 1.
Tenn. Code Ann. § 66-28-106 — TN Code / Title 66 / Chapter 28 / Section 66-28-106
Notice
Status: in_force

(a) Either party has notice of a fact if such person: (1) Has actual knowledge of it; or (2) Has been given written notice. (b) All parties must give written notice to the last known or designated address contained in the lease agreement. Acts 1975, ch. 245, § 1.304; T.C.A., § 64-2806.
(a) Either party has notice of a fact if such person: (1) Has actual knowledge of it; or (2) Has been given written notice.
(1) Has actual knowledge of it; or
(2) Has been given written notice.
(b) All parties must give written notice to the last known or designated address contained in the lease agreement.
Acts 1975, ch. 245, § 1.304; T.C.A., § 64-2806.
Tenn. Code Ann. § 66-24-205 — TN Code / Title 66 / Chapter 24 / Section 66-24-205
Administration and standards
Status: in_force

(a) The information systems council shall adopt standards to implement this part. (b) To keep the standards and practices of county registers in this state in harmony with the standards and practices of recording offices in other jurisdictions that enact substantially this part and to keep the technology used by county registers in this state compatible with technology used by recording offices in other jurisdictions that enact substantially this part, the information systems council so far as is consistent with the purposes, policies, and provisions of this part, in adopting, amending, and repealing standards shall consider: (1) Standards and practices of other jurisdictions; (2) The most recent standards promulgated by national standard-setting bodies, such as the Property Records Industry Association; (3) The views of interested persons and governmental officials and entities; (4) The needs of counties of varying size, population, and resources; and (5) Standards requiring adequate information security protection to ensure that electronic documents are accurate, authentic, adequately preserved, and resistant to tampering. Acts 2007, ch. 420, § 2.
(a) The information systems council shall adopt standards to implement this part.
(b) To keep the standards and practices of county registers in this state in harmony with the standards and practices of recording offices in other jurisdictions that enact substantially this part and to keep the technology used by county registers in this state compatible with technology used by recording offices in other jurisdictions that enact substantially this part, the information systems council so far as is consistent with the purposes, policies, and provisions of this part, in adopting, amending, and repealing standards shall consider: (1) Standards and practices of other jurisdictions; (2) The most recent standards promulgated by national standard-setting bodies, such as the Property Records Industry Association; (3) The views of interested persons and governmental officials and entities; (4) The needs of counties of varying size, population, and resources; and (5) Standards requiring adequate information security protection to ensure that electronic documents are accurate, authentic, adequately preserved, and resistant to tampering.
(1) Standards and practices of other jurisdictions;
(2) The most recent standards promulgated by national standard-setting bodies, such as the Property Records Industry Association;
(3) The views of interested persons and governmental officials and entities;
(4) The needs of counties of varying size, population, and resources; and
(5) Standards requiring adequate information security protection to ensure that electronic documents are accurate, authentic, adequately preserved, and resistant to tampering.
Acts 2007, ch. 420, § 2.
Tenn. Code Ann. § 66-23-102 — TN Code / Title 66 / Chapter 23 / Section 66-23-102
Witnesses within state
Status: in_force

If the subscribing witnesses reside or are within the state, they shall appear before the clerk or deputy clerk of the county where it is proposed to prove the instrument. Code 1858, § 2048 (deriv. Acts 1835-1836, ch. 53, §§ 5, 6; 1837-1838, ch. 150, § 1); Shan., § 3723; mod. Code 1932, § 7638; impl. am. Acts 1978, ch. 934, §§22, 36; T.C.A. (orig. ed.), § 64-2302.
If the subscribing witnesses reside or are within the state, they shall appear before the clerk or deputy clerk of the county where it is proposed to prove the instrument.
Code 1858, § 2048 (deriv. Acts 1835-1836, ch. 53, §§ 5, 6; 1837-1838, ch. 150, § 1); Shan., § 3723; mod. Code 1932, § 7638; impl. am. Acts 1978, ch. 934, §§22, 36; T.C.A. (orig. ed.), § 64-2302.
Tenn. Code Ann. § 66-27-210 — TN Code / Title 66 / Chapter 27 / Section 66-27-210
Severability
Status: in_force

If any provision of this part and parts 3-5 of this chapter or the application of any provision to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this part and parts 3-5 of this chapter that can be given effect without the invalid provisions or applications, and to this end the provisions of this part and parts 3-5 of this chapter are severable. Acts 2008, ch. 766, § 1.
If any provision of this part and parts 3-5 of this chapter or the application of any provision to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this part and parts 3-5 of this chapter that can be given effect without the invalid provisions or applications, and to this end the provisions of this part and parts 3-5 of this chapter are severable.
Acts 2008, ch. 766, § 1.
Tenn. Code Ann. § 66-36-102 — TN Code / Title 66 / Chapter 36 / Section 66-36-102
Compliance with requirements
Status: in_force

If a claimant files an action without first complying with the requirements of this chapter, on motion by a party to the action, the tribunal having jurisdiction shall abate the action, without prejudice, and the action may not proceed until the claimant has complied with such requirements. Acts 2004, ch. 741, § 3.
If a claimant files an action without first complying with the requirements of this chapter, on motion by a party to the action, the tribunal having jurisdiction shall abate the action, without prejudice, and the action may not proceed until the claimant has complied with such requirements.
Acts 2004, ch. 741, § 3.
Tenn. Code Ann. § 66-37-103 — TN Code / Title 66 / Chapter 37 / Section 66-37-103
Legislative findings
Status: in_force

The general assembly makes the following findings: (1) The public policy of this state favors the transferability of interests in real property free from unreasonable restraints on alienation and covenants or servitudes that do not touch and concern the property; and (2) A transfer fee covenant violates this public policy by impairing the marketability of title to the affected real property and constitutes an unreasonable restraint on alienation, regardless of the duration of the covenant or the amount of the transfer fee set forth in the covenant. Acts 2011, ch. 462, § 3.
The general assembly makes the following findings:
(1) The public policy of this state favors the transferability of interests in real property free from unreasonable restraints on alienation and covenants or servitudes that do not touch and concern the property; and
(2) A transfer fee covenant violates this public policy by impairing the marketability of title to the affected real property and constitutes an unreasonable restraint on alienation, regardless of the duration of the covenant or the amount of the transfer fee set forth in the covenant.
Acts 2011, ch. 462, § 3.
Tenn. Code Ann. § 66-32-303 — TN Code / Title 66 / Chapter 32 / Section 66-32-303
Disclosures to purchasers
Status: in_force

A membership camping operator shall disclose the following information to a purchaser before the purchaser signs a membership camping contract or gives any money or thing of value for the purchase of a membership camping contract. The disclosures shall be delivered to the purchaser prior to the time the contract is signed and may be presented in any format selected by the membership camping operator. The disclosures may be included in or as part of the contract at the option of the membership camping operator and shall clearly communicate all of the following as of a date no more than one (1) year prior to the date of purchase: (1) The name and address of the principal place of business of the membership camping operator and any material affiliate of the membership camping operator; (2) A brief description of the membership camping operator's experience in the membership camping business, including the number of years the membership camping operator has been in the membership camping business; (3) A brief description of the nature of the purchaser's right or license to use the membership camping operator's campground or facilities; (4) (A) The location of each of the membership camping operator's campgrounds and a brief description of the significant facilities at each campground then available for use by purchasers and those which are represented to purchasers as being planned, together with a brief description of any facilities that are or will be available to nonpurchasers or nonmembers; (B) "Significant facilities" includes, but is not limited to, each of the following: the number of campsites in each park; the number of campsites in each park with full or partial hookups; swimming pools; tennis courts; recreation buildings; restrooms and showers; laundry rooms; trading posts; or grocery stores; and (C) "Partial hookups" means those hookups with at least one (1) of the following connections: electricity, water, or sewer connections; (5) A brief description of the membership camping operator's ownership of, or other right to use, the campgrounds represented to be available for use by purchasers, together with the duration of any material lease, license, franchise, or reciprocal agreement entitling the membership camping operator to use the campground, and any material provisions of any agreements which restrict a purchaser's use of the campground; (6) A summary or copy of the rules, restrictions, or covenants regulating the purchaser's use of the membership camping operator's campgrounds, including a statement of whether and how the rules, restrictions, or covenants may be changed; (7) A description of any restraints on the transfer of the membership camping contract; (8) A brief description of the policies relating to the availability of camping sites and whether reservations are required; (9) A brief description of any grounds for forfeiture of a purchaser's membership camping contract; (10) A brief description of all payments of a purchaser under a membership camping contract, including initial fees and any further fees, charges, or assessments, together with any provisions for changing the payments; (11) A copy of the membership camping contract signed by the purchaser; (12) A statement of the purchaser's right to cancel the membership camping contract as provided in § 66-32-304 ; (13) A description of the manner in which the membership camping operator has complied or proposes to comply with § 66-32-307 ; (14) A description of any liens, defects, or encumbrances on or affecting the title to the membership contracts or to the campgrounds; (15) A statement of the amount, or a statement that there is no amount, included in the budget as a reserve for repairs and replacement; (16) The projected common expense liability, if any, by category of expenditures for the members; (17) Any initial or special fee due from the purchaser at closing, together with a description of the purpose and method of calculating the fee; (18) A description of the insurance coverage, or a statement that there is no insurance coverage, provided for the benefit of members; and (19) A statement of the means, including all financial arrangements, by which the developer proposes to assure the completion of all promised improvements. Acts 1985, ch. 303, § 3; T.C.A., § 47-18-403 .
A membership camping operator shall disclose the following information to a purchaser before the purchaser signs a membership camping contract or gives any money or thing of value for the purchase of a membership camping contract. The disclosures shall be delivered to the purchaser prior to the time the contract is signed and may be presented in any format selected by the membership camping operator. The disclosures may be included in or as part of the contract at the option of the membership camping operator and shall clearly communicate all of the following as of a date no more than one (1) year prior to the date of purchase:
(1) The name and address of the principal place of business of the membership camping operator and any material affiliate of the membership camping operator;
(2) A brief description of the membership camping operator's experience in the membership camping business, including the number of years the membership camping operator has been in the membership camping business;
(3) A brief description of the nature of the purchaser's right or license to use the membership camping operator's campground or facilities;
(4) (A) The location of each of the membership camping operator's campgrounds and a brief description of the significant facilities at each campground then available for use by purchasers and those which are represented to purchasers as being planned, together with a brief description of any facilities that are or will be available to nonpurchasers or nonmembers; (B) "Significant facilities" includes, but is not limited to, each of the following: the number of campsites in each park; the number of campsites in each park with full or partial hookups; swimming pools; tennis courts; recreation buildings; restrooms and showers; laundry rooms; trading posts; or grocery stores; and (C) "Partial hookups" means those hookups with at least one (1) of the following connections: electricity, water, or sewer connections;
(A) The location of each of the membership camping operator's campgrounds and a brief description of the significant facilities at each campground then available for use by purchasers and those which are represented to purchasers as being planned, together with a brief description of any facilities that are or will be available to nonpurchasers or nonmembers;
(B) "Significant facilities" includes, but is not limited to, each of the following: the number of campsites in each park; the number of campsites in each park with full or partial hookups; swimming pools; tennis courts; recreation buildings; restrooms and showers; laundry rooms; trading posts; or grocery stores; and
(C) "Partial hookups" means those hookups with at least one (1) of the following connections: electricity, water, or sewer connections;
(5) A brief description of the membership camping operator's ownership of, or other right to use, the campgrounds represented to be available for use by purchasers, together with the duration of any material lease, license, franchise, or reciprocal agreement entitling the membership camping operator to use the campground, and any material provisions of any agreements which restrict a purchaser's use of the campground;
(6) A summary or copy of the rules, restrictions, or covenants regulating the purchaser's use of the membership camping operator's campgrounds, including a statement of whether and how the rules, restrictions, or covenants may be changed;
(7) A description of any restraints on the transfer of the membership camping contract;
(8) A brief description of the policies relating to the availability of camping sites and whether reservations are required;
(9) A brief description of any grounds for forfeiture of a purchaser's membership camping contract;
(10) A brief description of all payments of a purchaser under a membership camping contract, including initial fees and any further fees, charges, or assessments, together with any provisions for changing the payments;
(11) A copy of the membership camping contract signed by the purchaser;
(12) A statement of the purchaser's right to cancel the membership camping contract as provided in § 66-32-304 ;
(13) A description of the manner in which the membership camping operator has complied or proposes to comply with § 66-32-307 ;
(14) A description of any liens, defects, or encumbrances on or affecting the title to the membership contracts or to the campgrounds;
(15) A statement of the amount, or a statement that there is no amount, included in the budget as a reserve for repairs and replacement;
(16) The projected common expense liability, if any, by category of expenditures for the members;
(17) Any initial or special fee due from the purchaser at closing, together with a description of the purpose and method of calculating the fee;
(18) A description of the insurance coverage, or a statement that there is no insurance coverage, provided for the benefit of members; and
(19) A statement of the means, including all financial arrangements, by which the developer proposes to assure the completion of all promised improvements.
Acts 1985, ch. 303, § 3; T.C.A., § 47-18-403 .
Tenn. Code Ann. § 66-5-207 — TN Code / Title 66 / Chapter 5 / Section 66-5-207
Liability for nondisclosure of communicable diseases or criminal acts on property
Status: in_force

Notwithstanding any of the provisions of this part, or any other statute or regulation, no cause of action shall arise against an owner or a real estate licensee for failure to disclose that an occupant of the subject real property, whether or not such real property is subject to this part, was afflicted with human immunodeficiency virus (HIV) or other disease which has been determined by medical evidence to be highly unlikely to be transmitted through the occupancy of a dwelling place, or that the real property was the site of: (1) An act or occurrence which had no effect on the physical structure of the real property, its physical environment or the improvements located thereon; or (2) A homicide, felony or suicide. Acts 1994, ch. 828, § 7.
Notwithstanding any of the provisions of this part, or any other statute or regulation, no cause of action shall arise against an owner or a real estate licensee for failure to disclose that an occupant of the subject real property, whether or not such real property is subject to this part, was afflicted with human immunodeficiency virus (HIV) or other disease which has been determined by medical evidence to be highly unlikely to be transmitted through the occupancy of a dwelling place, or that the real property was the site of:
(1) An act or occurrence which had no effect on the physical structure of the real property, its physical environment or the improvements located thereon; or
(2) A homicide, felony or suicide.
Acts 1994, ch. 828, § 7.
Tenn. Code Ann. § 66-2-303 — TN Code / Title 66 / Chapter 2 / Section 66-2-303
State policy on conservation - Prohibited foreign parties restricted from acquiring or devising agricultural land - Divesting of interest in agricultural land - Penalties
Status: in_force

(a) It is the declared policy of this state to conserve, protect, and encourage the development and improvement of its agricultural and forest lands and other facilities for the production of food, fiber, and other agricultural and silvicultural products. (b) (1) (A) Except as provided in subsection (c), a prohibited foreign party or prohibited foreign-party-controlled business shall not acquire by grant, purchase, devise, descent, or otherwise an interest in agricultural land in this state regardless of whether the prohibited foreign party or prohibited foreign-party-controlled business intends to use the agricultural land for nonfarming purposes. (B) A party shall not hold agricultural land as an agent, trustee, or other fiduciary for a prohibited foreign party or prohibited foreign-party-controlled business in violation of this section. (2) A prohibited foreign party or prohibited foreign-party-controlled business that acquires agricultural land in violation of this section remains in violation as long as the prohibited foreign party or prohibited foreign-party-controlled business holds an interest in the agricultural land. (c) (1) A prohibited foreign party or prohibited foreign-party-controlled business in violation of this section shall divest itself of the interest in agricultural land within two (2) years of the date the entity is found to be in violation. (2) If a prohibited foreign party or prohibited foreign-party-controlled business does not divest itself of the interest in agricultural land as prescribed in subdivision (c)(1), then the attorney general and reporter may commence an action pursuant to § 66-2-307 . (d) A prohibited foreign party or prohibited foreign-party-controlled business owning an interest in agricultural land in this state on or after January 1, 2025, commits a Class A misdemeanor, punishable by a fine of one thousand five hundred dollars ($1,500) or confinement for not more than eleven (11) months and twenty-nine (29) days, or both. Amended by 2024 Tenn. Acts, ch. 995,s 1, eff. 1/1/2025. Added by 2023 Tenn. Acts, ch. 369, s 3, eff. 7/1/2023.
(a) It is the declared policy of this state to conserve, protect, and encourage the development and improvement of its agricultural and forest lands and other facilities for the production of food, fiber, and other agricultural and silvicultural products.
(b) (1) (A) Except as provided in subsection (c), a prohibited foreign party or prohibited foreign-party-controlled business shall not acquire by grant, purchase, devise, descent, or otherwise an interest in agricultural land in this state regardless of whether the prohibited foreign party or prohibited foreign-party-controlled business intends to use the agricultural land for nonfarming purposes. (B) A party shall not hold agricultural land as an agent, trustee, or other fiduciary for a prohibited foreign party or prohibited foreign-party-controlled business in violation of this section. (2) A prohibited foreign party or prohibited foreign-party-controlled business that acquires agricultural land in violation of this section remains in violation as long as the prohibited foreign party or prohibited foreign-party-controlled business holds an interest in the agricultural land.
(1) (A) Except as provided in subsection (c), a prohibited foreign party or prohibited foreign-party-controlled business shall not acquire by grant, purchase, devise, descent, or otherwise an interest in agricultural land in this state regardless of whether the prohibited foreign party or prohibited foreign-party-controlled business intends to use the agricultural land for nonfarming purposes. (B) A party shall not hold agricultural land as an agent, trustee, or other fiduciary for a prohibited foreign party or prohibited foreign-party-controlled business in violation of this section.
(A) Except as provided in subsection (c), a prohibited foreign party or prohibited foreign-party-controlled business shall not acquire by grant, purchase, devise, descent, or otherwise an interest in agricultural land in this state regardless of whether the prohibited foreign party or prohibited foreign-party-controlled business intends to use the agricultural land for nonfarming purposes.
(B) A party shall not hold agricultural land as an agent, trustee, or other fiduciary for a prohibited foreign party or prohibited foreign-party-controlled business in violation of this section.
(2) A prohibited foreign party or prohibited foreign-party-controlled business that acquires agricultural land in violation of this section remains in violation as long as the prohibited foreign party or prohibited foreign-party-controlled business holds an interest in the agricultural land.
(c) (1) A prohibited foreign party or prohibited foreign-party-controlled business in violation of this section shall divest itself of the interest in agricultural land within two (2) years of the date the entity is found to be in violation. (2) If a prohibited foreign party or prohibited foreign-party-controlled business does not divest itself of the interest in agricultural land as prescribed in subdivision (c)(1), then the attorney general and reporter may commence an action pursuant to § 66-2-307 .
(1) A prohibited foreign party or prohibited foreign-party-controlled business in violation of this section shall divest itself of the interest in agricultural land within two (2) years of the date the entity is found to be in violation.
(2) If a prohibited foreign party or prohibited foreign-party-controlled business does not divest itself of the interest in agricultural land as prescribed in subdivision (c)(1), then the attorney general and reporter may commence an action pursuant to § 66-2-307 .
(d) A prohibited foreign party or prohibited foreign-party-controlled business owning an interest in agricultural land in this state on or after January 1, 2025, commits a Class A misdemeanor, punishable by a fine of one thousand five hundred dollars ($1,500) or confinement for not more than eleven (11) months and twenty-nine (29) days, or both.
Amended by 2024 Tenn. Acts, ch. 995,s 1, eff. 1/1/2025.
Added by 2023 Tenn. Acts, ch. 369, s 3, eff. 7/1/2023.
Tenn. Code Ann. § 66-5-211 — TN Code / Title 66 / Chapter 5 / Section 66-5-211
Disclosure of impact fees or adequate facilities taxes - Definitions
Status: in_force

(a) In transfers involving the first sale of a dwelling, the owner of residential property shall furnish to the purchaser a statement disclosing the amount of any impact fees or adequate facilities taxes paid to any city or county on any parcel of land subject to transfer by sale, exchange, installment land sales contract, or lease with an option to buy. (b) For the purpose of this section, unless the context otherwise requires: (1) "Adequate facilities tax" means any privilege tax that is a development tax, by whatever name, imposed by a county or city, pursuant to any act of general or local application, on engaging in the act of development; (2) "Development" means the construction, building, reconstruction, erection, extension, betterment, or improvement of land providing a building or structure, or the addition to any building or structure or any part of any building or structure that provides, adds to, or increases the floor area of a residential or nonresidential use; and (3) "Impact fee" means a monetary charge imposed by a county or municipal government pursuant to any act of general or local application, to regulate new development on real property. The amount of impact fees are related to the costs resulting from the new development and the revenues for this fee are earmarked for investment in the area of the new development. Acts 2005, ch. 171, § 1.
(a) In transfers involving the first sale of a dwelling, the owner of residential property shall furnish to the purchaser a statement disclosing the amount of any impact fees or adequate facilities taxes paid to any city or county on any parcel of land subject to transfer by sale, exchange, installment land sales contract, or lease with an option to buy.
(b) For the purpose of this section, unless the context otherwise requires: (1) "Adequate facilities tax" means any privilege tax that is a development tax, by whatever name, imposed by a county or city, pursuant to any act of general or local application, on engaging in the act of development; (2) "Development" means the construction, building, reconstruction, erection, extension, betterment, or improvement of land providing a building or structure, or the addition to any building or structure or any part of any building or structure that provides, adds to, or increases the floor area of a residential or nonresidential use; and (3) "Impact fee" means a monetary charge imposed by a county or municipal government pursuant to any act of general or local application, to regulate new development on real property. The amount of impact fees are related to the costs resulting from the new development and the revenues for this fee are earmarked for investment in the area of the new development.
(1) "Adequate facilities tax" means any privilege tax that is a development tax, by whatever name, imposed by a county or city, pursuant to any act of general or local application, on engaging in the act of development;
(2) "Development" means the construction, building, reconstruction, erection, extension, betterment, or improvement of land providing a building or structure, or the addition to any building or structure or any part of any building or structure that provides, adds to, or increases the floor area of a residential or nonresidential use; and
(3) "Impact fee" means a monetary charge imposed by a county or municipal government pursuant to any act of general or local application, to regulate new development on real property. The amount of impact fees are related to the costs resulting from the new development and the revenues for this fee are earmarked for investment in the area of the new development.
Acts 2005, ch. 171, § 1.
Tenn. Code Ann. § 66-3-203 — TN Code / Title 66 / Chapter 3 / Section 66-3-203
Execution for value of alienated lands
Status: in_force

If the devisee sells, aliens, or makes over the lands so devised, before an action is brought or process sued out against the devisee, such devisee shall be answerable for such debt to the value of the lands, sold, aliened, or made over; and execution shall be taken out upon the judgment or decree obtained against such devisee to the value of the lands, as if the same were the devisee's own proper debt. Code 1858, § 1764 (deriv. Acts 1789, ch. 39, § 3); Shan., § 3155; Code 1932, § 7837; T.C.A. (orig. ed.), § 64-306.
If the devisee sells, aliens, or makes over the lands so devised, before an action is brought or process sued out against the devisee, such devisee shall be answerable for such debt to the value of the lands, sold, aliened, or made over; and execution shall be taken out upon the judgment or decree obtained against such devisee to the value of the lands, as if the same were the devisee's own proper debt.
Code 1858, § 1764 (deriv. Acts 1789, ch. 39, § 3); Shan., § 3155; Code 1932, § 7837; T.C.A. (orig. ed.), § 64-306.
Tenn. Code Ann. § 66-34-104 — TN Code / Title 66 / Chapter 34 / Section 66-34-104
Retention of portion of contract price in escrow - Applicability - Mandatory compliance
Status: in_force

(a) Whenever, in any contract for the improvement of real property, a certain amount or percentage of the contract price is retained, that retained amount must be deposited in a separate, interest-bearing, escrow account with a third party which must be established upon the withholding of any retainage. (b) As of the time of the withholding of the retained funds, the funds become the sole and separate property of the prime contractor or remote contractor to whom they are owed, subject to the rights of the person withholding the retainage in the event the prime contractor or remote contractor otherwise entitled to the funds defaults on or does not complete its contract. (c) If the party withholding the retained funds fails to deposit the funds into an escrow account as provided in this section, then the party shall pay the owner of the retained funds an additional three hundred dollars ($300) per day as damages, not as a penalty, for each and every day that the retained funds are not deposited into an escrow account. Damages accrue from the date retained funds were first withheld and continue to accrue until placed into a separate, interest-bearing escrow account or otherwise paid. (d) The party with the responsibility for depositing the retained amount in a separate, interest-bearing escrow account with a third party has the affirmative duty to provide written notice that the party has complied with this section to any prime contractor upon withholding the amount of retained funds from each and every application for payment, including: (1) Identification of the name of the financial institution with which the escrow account has been established; (2) Account number; and (3) Amount of retained funds that are deposited in the escrow account with the third party. (e) Upon satisfactory completion of the contract, to be evidenced by a written release by the owner, prime contractor, or remote contractor owing the retainage, all funds accumulated in the escrow account together with all interest on the account must be paid immediately to the prime contractor or remote contractor to whom the funds and interest are owed. (f) If the owner, prime contractor, or remote contractor, as applicable, fails or refuses to execute the release provided for in subsection (e), then the prime contractor or remote contractor, as applicable, may seek equitable relief, including injunctive relief, as provided in § 66-34-602 , against the owner, prime contractor, or remote contractor. Relief may not be sought against the person holding the retainage as an escrow agent, and that person bears no liability for the nonpayment of the retainage; however, a court may issue an order to the person holding retainage to pay any sums held in trust pursuant to § 66-34-205 . The person paying the sums pursuant to a court order bears no liability to the owner, prime contractor, or remote contractor for the payment. All other claims, demands, disputes, controversies, and differences that may arise between the owner, prime contractor, or prime contractors, and remote contractors may be, upon written agreement of all parties concerned, settled by arbitration conducted pursuant to the Uniform Arbitration Act, compiled in title 29, chapter 5, part 3, or the Federal Arbitration Act ( 9 U.S.C. § 1 et seq.), as may be applicable. (g) Subsections (c), (d), and (j) do not apply to the state and any department, board, or agency thereof, including the University of Tennessee; counties and municipalities, and all departments, boards, or agencies thereof, including all school and education boards; and any other subdivision of the state. (h) This section applies to all prime contracts and all subcontracts thereunder for the improvement of real property when the contract amount of the prime contract is five hundred thousand dollars ($500,000) or greater, notwithstanding the amount of the subcontracts. (i) Compliance with this section is mandatory, and shall not be waived by contract. (j) Failure to deposit the retained funds into an escrow account as provided in this section, within seven (7) days of receipt of written notice regarding the failure, is a Class A misdemeanor. Amended by 2020 Tenn. Acts, ch. 749, s 17, eff. 7/1/2020. Acts 1975, ch. 345, §§ 1-4; T.C.A., §§ 64-1148 -- 64-1151; Acts 1985, ch. 340, §§ 1, 2; 1986, ch. 551, § 9; 2007 , ch. 189, § 43; 2007 , ch. 201, §§ 1, 2; T.C.A. § 66-11-144 ; Acts 2008 , ch. 804, §§ 1, 2; 2010 , ch. 875, §§ 1, 2; 2012 , ch. 609, §§ 2-5.
(a) Whenever, in any contract for the improvement of real property, a certain amount or percentage of the contract price is retained, that retained amount must be deposited in a separate, interest-bearing, escrow account with a third party which must be established upon the withholding of any retainage.
(b) As of the time of the withholding of the retained funds, the funds become the sole and separate property of the prime contractor or remote contractor to whom they are owed, subject to the rights of the person withholding the retainage in the event the prime contractor or remote contractor otherwise entitled to the funds defaults on or does not complete its contract.
(c) If the party withholding the retained funds fails to deposit the funds into an escrow account as provided in this section, then the party shall pay the owner of the retained funds an additional three hundred dollars ($300) per day as damages, not as a penalty, for each and every day that the retained funds are not deposited into an escrow account. Damages accrue from the date retained funds were first withheld and continue to accrue until placed into a separate, interest-bearing escrow account or otherwise paid.
(d) The party with the responsibility for depositing the retained amount in a separate, interest-bearing escrow account with a third party has the affirmative duty to provide written notice that the party has complied with this section to any prime contractor upon withholding the amount of retained funds from each and every application for payment, including: (1) Identification of the name of the financial institution with which the escrow account has been established; (2) Account number; and (3) Amount of retained funds that are deposited in the escrow account with the third party.
(1) Identification of the name of the financial institution with which the escrow account has been established;
(2) Account number; and
(3) Amount of retained funds that are deposited in the escrow account with the third party.
(e) Upon satisfactory completion of the contract, to be evidenced by a written release by the owner, prime contractor, or remote contractor owing the retainage, all funds accumulated in the escrow account together with all interest on the account must be paid immediately to the prime contractor or remote contractor to whom the funds and interest are owed.
(f) If the owner, prime contractor, or remote contractor, as applicable, fails or refuses to execute the release provided for in subsection (e), then the prime contractor or remote contractor, as applicable, may seek equitable relief, including injunctive relief, as provided in § 66-34-602 , against the owner, prime contractor, or remote contractor. Relief may not be sought against the person holding the retainage as an escrow agent, and that person bears no liability for the nonpayment of the retainage; however, a court may issue an order to the person holding retainage to pay any sums held in trust pursuant to § 66-34-205 . The person paying the sums pursuant to a court order bears no liability to the owner, prime contractor, or remote contractor for the payment. All other claims, demands, disputes, controversies, and differences that may arise between the owner, prime contractor, or prime contractors, and remote contractors may be, upon written agreement of all parties concerned, settled by arbitration conducted pursuant to the Uniform Arbitration Act, compiled in title 29, chapter 5, part 3, or the Federal Arbitration Act ( 9 U.S.C. § 1 et seq.), as may be applicable.
(g) Subsections (c), (d), and (j) do not apply to the state and any department, board, or agency thereof, including the University of Tennessee; counties and municipalities, and all departments, boards, or agencies thereof, including all school and education boards; and any other subdivision of the state.
(h) This section applies to all prime contracts and all subcontracts thereunder for the improvement of real property when the contract amount of the prime contract is five hundred thousand dollars ($500,000) or greater, notwithstanding the amount of the subcontracts.
(i) Compliance with this section is mandatory, and shall not be waived by contract.
(j) Failure to deposit the retained funds into an escrow account as provided in this section, within seven (7) days of receipt of written notice regarding the failure, is a Class A misdemeanor.
Amended by 2020 Tenn. Acts, ch. 749, s 17, eff. 7/1/2020.
Acts 1975, ch. 345, §§ 1-4; T.C.A., §§ 64-1148 -- 64-1151; Acts 1985, ch. 340, §§ 1, 2; 1986, ch. 551, § 9; 2007 , ch. 189, § 43; 2007 , ch. 201, §§ 1, 2; T.C.A. § 66-11-144 ; Acts 2008 , ch. 804, §§ 1, 2; 2010 , ch. 875, §§ 1, 2; 2012 , ch. 609, §§ 2-5.