Tenn. Code Ann. § 66-19-104 — TN Code / Title 66 / Chapter 19 / Section 66-19-104
Duty to inform consumer of rights
Status: in_force

(a) Before beginning any repair work on a motor vehicle, an automotive repair facility shall inform the consumer for whom the repairs are to be done of the following rights: (1) That a consumer: (A) May request a written estimate for repairs that cost in excess of two hundred fifty dollars ($250); and (B) May not be charged an amount over twenty-five percent (25%) in excess of the written estimate without the consumer's consent or good faith attempt to acquire the consent; and (2) That repairs not originally authorized by the consumer may not be charged to the consumer without the consumer's consent unless a repair facility makes a good faith attempt to acquire the consent prior to providing additional repairs. A good faith attempt shall entail at least an attempted telephone call to the consumer. (b) The consumer's rights provided in subsection (a) shall be: (1) Displayed immediately before the space for the signature of the consumer conspicuously in easily readable type; (2) Physically separated from the other terms of the form used for authorization of repairs; and (3) Listed under the printed heading "Consumer's Rights." (c) If any automotive repair facility informs a consumer orally of the consumer's rights, the facility shall record in writing: (1) The name of the persons who were notified or whom the facility attempted to notify; (2) The date and time of the notification or attempt; and (3) The signature of the person who made the notification or attempted notification. (d) Failure to comply with this section shall abrogate the repair facility's rights under § 66-19-103 . (e) Nothing in this section shall apply to any person or entity licensed under title 55, chapter 17. Acts 2001, ch. 194, § 1 - 3.
(a) Before beginning any repair work on a motor vehicle, an automotive repair facility shall inform the consumer for whom the repairs are to be done of the following rights: (1) That a consumer: (A) May request a written estimate for repairs that cost in excess of two hundred fifty dollars ($250); and (B) May not be charged an amount over twenty-five percent (25%) in excess of the written estimate without the consumer's consent or good faith attempt to acquire the consent; and (2) That repairs not originally authorized by the consumer may not be charged to the consumer without the consumer's consent unless a repair facility makes a good faith attempt to acquire the consent prior to providing additional repairs. A good faith attempt shall entail at least an attempted telephone call to the consumer.
(1) That a consumer: (A) May request a written estimate for repairs that cost in excess of two hundred fifty dollars ($250); and (B) May not be charged an amount over twenty-five percent (25%) in excess of the written estimate without the consumer's consent or good faith attempt to acquire the consent; and
(A) May request a written estimate for repairs that cost in excess of two hundred fifty dollars ($250); and
(B) May not be charged an amount over twenty-five percent (25%) in excess of the written estimate without the consumer's consent or good faith attempt to acquire the consent; and
(2) That repairs not originally authorized by the consumer may not be charged to the consumer without the consumer's consent unless a repair facility makes a good faith attempt to acquire the consent prior to providing additional repairs. A good faith attempt shall entail at least an attempted telephone call to the consumer.
(b) The consumer's rights provided in subsection (a) shall be: (1) Displayed immediately before the space for the signature of the consumer conspicuously in easily readable type; (2) Physically separated from the other terms of the form used for authorization of repairs; and (3) Listed under the printed heading "Consumer's Rights."
(1) Displayed immediately before the space for the signature of the consumer conspicuously in easily readable type;
(2) Physically separated from the other terms of the form used for authorization of repairs; and
(3) Listed under the printed heading "Consumer's Rights."
(c) If any automotive repair facility informs a consumer orally of the consumer's rights, the facility shall record in writing: (1) The name of the persons who were notified or whom the facility attempted to notify; (2) The date and time of the notification or attempt; and (3) The signature of the person who made the notification or attempted notification.
(1) The name of the persons who were notified or whom the facility attempted to notify;
(2) The date and time of the notification or attempt; and
(3) The signature of the person who made the notification or attempted notification.
(d) Failure to comply with this section shall abrogate the repair facility's rights under § 66-19-103 .
(e) Nothing in this section shall apply to any person or entity licensed under title 55, chapter 17.
Acts 2001, ch. 194, § 1 - 3.
Tenn. Code Ann. § 66-34-102 — TN Code / Title 66 / Chapter 34 / Section 66-34-102
Chapter definitions
Status: in_force

As used in this chapter, unless the context or subject matter indicates another meaning, the words and phrases defined in § 66-11-101 have the same meaning as set out in that section and are incorporated in this chapter by reference. Acts 1991, ch. 45, § 1.
As used in this chapter, unless the context or subject matter indicates another meaning, the words and phrases defined in § 66-11-101 have the same meaning as set out in that section and are incorporated in this chapter by reference.
Acts 1991, ch. 45, § 1.
Tenn. Code Ann. § 66-29-157 — TN Code / Title 66 / Chapter 29 / Section 66-29-157
Examination of records to determine compliance - Administrative subpoena
Status: in_force

The treasurer, at reasonable times and upon providing reasonable notice, may: (1) Examine the records of a person to determine whether the person has complied with this part, including appropriate records in the possession of an agent of the person under examination, if such records are reasonably necessary to determine whether the person under examination has complied with this part; (2) Issue an administrative subpoena requiring a person or an agent of the person to make records available for examination; and (3) Bring an action seeking judicial enforcement of the subpoena. Added by 2017 Tenn. Acts, ch. 457, s 1, eff. 7/1/2017.
The treasurer, at reasonable times and upon providing reasonable notice, may:
(1) Examine the records of a person to determine whether the person has complied with this part, including appropriate records in the possession of an agent of the person under examination, if such records are reasonably necessary to determine whether the person under examination has complied with this part;
(2) Issue an administrative subpoena requiring a person or an agent of the person to make records available for examination; and
(3) Bring an action seeking judicial enforcement of the subpoena.
Added by 2017 Tenn. Acts, ch. 457, s 1, eff. 7/1/2017.
Tenn. Code Ann. § 66-5-110 — TN Code / Title 66 / Chapter 5 / Section 66-5-110
Identification of specific mineral interests to be conveyed
Status: in_force

Notwithstanding any law to the contrary, where an owner of surface and mineral rights to real property enters into a contract for the conveyance of mineral rights in such property resulting in a severance of such interests, the parties to such conveyance shall identify the specific mineral interests to be conveyed to the purchaser of the mineral rights. The purchaser of the mineral interests shall identify such interests purchased by providing a deed reference number in accordance with § 67-5-804(c) for the mineral interest with the property assessor in the county in which the interests are located as prescribed in this section. For the purposes of this section, "specific mineral interests" means only those minerals listed in the deed as contemplated by the parties. All rights to minerals not described in the deed shall remain with the surface owner. This section shall apply to all contracts entered into on or after July 1, 2011, and shall not impair the obligation of any existing contract or be construed to direct courts in determining the intent of the parties who entered into a contract prior to such date.
Tenn. Code Ann. § 66-1-205 — TN Code / Title 66 / Chapter 1 / Section 66-1-205
Exceptions to rule
Status: in_force

Section 66-1-202 does not apply to any of the following: (1) A nonvested property interest or a power of appointment arising out of a nondonative transfer, except a nonvested property interest or a power of appointment arising out of: (A) A premarital or postmarital agreement; (B) A separation or divorce settlement; (C) A spouse's election; (D) A similar arrangement arising out of a prospective, existing, or previous marital relationship between the parties; (E) A contract to make or not to revoke a will or trust; (F) A contract to exercise or not to exercise a power of appointment; (G) A transfer in satisfaction of a duty of support; or (H) A reciprocal transfer; (2) A fiduciary's power relating to the administration or management of assets, including the power of a fiduciary to sell, lease, or mortgage property, and the power of a fiduciary to determine principal and income; (3) A power to appoint a fiduciary; (4) A discretionary power of a trustee to distribute principal before termination of a trust to a beneficiary having an indefeasibly vested interest in the income and principal; (5) A nonvested property interest held by a charity, government, or governmental agency or subdivision, if the nonvested property interest is preceded by an interest held by another charity, government, or governmental agency or subdivision; (6) A nonvested property interest in or a power of appointment with respect to a trust or other property arrangement forming part of a pension, profit-sharing, stock bonus, health, disability, death benefit, income deferral, or other current or deferred benefit plan for one (1) or more employees, independent contractors, or their beneficiaries or spouses, to which contributions are made for the purpose of distributing to or for the benefit of the participants or their beneficiaries or spouses the property, income, or principal in the trust or other property arrangement, except a nonvested property interest or a power of appointment that is created by an election of a participant or a beneficiary or spouse; or (7) A property interest, power of appointment, or arrangement that was not subject to the common law rule against perpetuities or is excluded by another statute of this state. Acts 1994, ch. 654, § 5.
Section 66-1-202 does not apply to any of the following:
(1) A nonvested property interest or a power of appointment arising out of a nondonative transfer, except a nonvested property interest or a power of appointment arising out of: (A) A premarital or postmarital agreement; (B) A separation or divorce settlement; (C) A spouse's election; (D) A similar arrangement arising out of a prospective, existing, or previous marital relationship between the parties; (E) A contract to make or not to revoke a will or trust; (F) A contract to exercise or not to exercise a power of appointment; (G) A transfer in satisfaction of a duty of support; or (H) A reciprocal transfer;
(A) A premarital or postmarital agreement;
(B) A separation or divorce settlement;
(C) A spouse's election;
(D) A similar arrangement arising out of a prospective, existing, or previous marital relationship between the parties;
(E) A contract to make or not to revoke a will or trust;
(F) A contract to exercise or not to exercise a power of appointment;
(G) A transfer in satisfaction of a duty of support; or
(H) A reciprocal transfer;
(2) A fiduciary's power relating to the administration or management of assets, including the power of a fiduciary to sell, lease, or mortgage property, and the power of a fiduciary to determine principal and income;
(3) A power to appoint a fiduciary;
(4) A discretionary power of a trustee to distribute principal before termination of a trust to a beneficiary having an indefeasibly vested interest in the income and principal;
(5) A nonvested property interest held by a charity, government, or governmental agency or subdivision, if the nonvested property interest is preceded by an interest held by another charity, government, or governmental agency or subdivision;
(6) A nonvested property interest in or a power of appointment with respect to a trust or other property arrangement forming part of a pension, profit-sharing, stock bonus, health, disability, death benefit, income deferral, or other current or deferred benefit plan for one (1) or more employees, independent contractors, or their beneficiaries or spouses, to which contributions are made for the purpose of distributing to or for the benefit of the participants or their beneficiaries or spouses the property, income, or principal in the trust or other property arrangement, except a nonvested property interest or a power of appointment that is created by an election of a participant or a beneficiary or spouse; or
(7) A property interest, power of appointment, or arrangement that was not subject to the common law rule against perpetuities or is excluded by another statute of this state.
Acts 1994, ch. 654, § 5.
Tenn. Code Ann. § 66-27-319 — TN Code / Title 66 / Chapter 27 / Section 66-27-319
Rights of secured lenders
Status: in_force

The declaration may require that all or a specified number or percentage of the mortgagees or beneficiaries of deeds of trust encumbering the units approve specified actions of the unit owners or the association as a condition to the effectiveness of those actions, but no requirement for approval may operate to deny or delegate control over the general administrative affairs of the association by the unit owners or the board of directors, or prevent the association or the board of directors from commencing, intervening in, or settling any litigation or proceeding, or receiving and distributing any insurance proceeds except pursuant to § 66-27-413 . Acts 2008, ch. 766, § 1.
The declaration may require that all or a specified number or percentage of the mortgagees or beneficiaries of deeds of trust encumbering the units approve specified actions of the unit owners or the association as a condition to the effectiveness of those actions, but no requirement for approval may operate to deny or delegate control over the general administrative affairs of the association by the unit owners or the board of directors, or prevent the association or the board of directors from commencing, intervening in, or settling any litigation or proceeding, or receiving and distributing any insurance proceeds except pursuant to § 66-27-413 .
Acts 2008, ch. 766, § 1.
Tenn. Code Ann. § 66-15-103 — TN Code / Title 66 / Chapter 15 / Section 66-15-103
Printers' and binders' lien
Status: in_force

(a) Typographers, printers, lithographers, photoengravers, electrotypers, stereotypers, bookbinders, and/or book manufacturers are given a lien on all type set by them, electrotype, stereotype, photoengraved or lithographic plates or stones made by them and on all plates, dies, engravings and/or materials of any sort prepared or supplied by the manufacturer, or furnished by the customer to facilitate production, so long as the items shall remain in the plant warehouses, vaults or custody of the manufacturer, which the lien or liens shall act to secure amounts owing by the customer to such manufacturer, and remaining unpaid on any part of the work performed and materials or services supplied by the manufacturer, and shall be a prior lien on same. (b) The lien created by subsection (a) shall not be lost or waived; provided any of the completed work or partially completed work remains in the plant, custody or control of those to whom the lien is given, as set out in subsection (a), except by special written release by the printer, binder, worker or manufacturer, and the acceptance of notes, trade acceptance, and/or guarantees of payments, whether matured or not, in payment of the debt or account, shall not invalidate or affect the lien or its priority. (c) Before the lien can be enforced, written notice of intention to claim the lien must be given by the lienee to the party for whom the work was done, by giving the notice to such party by registered mail at that party's last known place of address; and not earlier than ten (10) days thereafter the lien shall be enforceable in chancery as provided for the enforcement of other similar liens. (d) The lienee or claimant of the lien shall have a period of ninety (90) days from giving of the notice of the intention to claim the lien to file a bill in chancery for the enforcement of same, and, if such action is not brought within that period of time, the lien shall expire. Acts 1937, ch. 228, §§ 1-3; mod. C. Supp. 1950, §§ 7983.4-7983.6; T.C.A. (orig. ed.), §§ 64-1507 -- 64-1510.
(a) Typographers, printers, lithographers, photoengravers, electrotypers, stereotypers, bookbinders, and/or book manufacturers are given a lien on all type set by them, electrotype, stereotype, photoengraved or lithographic plates or stones made by them and on all plates, dies, engravings and/or materials of any sort prepared or supplied by the manufacturer, or furnished by the customer to facilitate production, so long as the items shall remain in the plant warehouses, vaults or custody of the manufacturer, which the lien or liens shall act to secure amounts owing by the customer to such manufacturer, and remaining unpaid on any part of the work performed and materials or services supplied by the manufacturer, and shall be a prior lien on same.
(b) The lien created by subsection (a) shall not be lost or waived; provided any of the completed work or partially completed work remains in the plant, custody or control of those to whom the lien is given, as set out in subsection (a), except by special written release by the printer, binder, worker or manufacturer, and the acceptance of notes, trade acceptance, and/or guarantees of payments, whether matured or not, in payment of the debt or account, shall not invalidate or affect the lien or its priority.
(c) Before the lien can be enforced, written notice of intention to claim the lien must be given by the lienee to the party for whom the work was done, by giving the notice to such party by registered mail at that party's last known place of address; and not earlier than ten (10) days thereafter the lien shall be enforceable in chancery as provided for the enforcement of other similar liens.
(d) The lienee or claimant of the lien shall have a period of ninety (90) days from giving of the notice of the intention to claim the lien to file a bill in chancery for the enforcement of same, and, if such action is not brought within that period of time, the lien shall expire.
Acts 1937, ch. 228, §§ 1-3; mod. C. Supp. 1950, §§ 7983.4-7983.6; T.C.A. (orig. ed.), §§ 64-1507 -- 64-1510.
Tenn. Code Ann. § 66-27-323 — TN Code / Title 66 / Chapter 27 / Section 66-27-323
Merger or consolidation of condominiums
Status: in_force

(a) Any two (2) or more condominiums, by agreement of the unit owners as provided in subsection (b), may be merged or consolidated into a single condominium. In the event of a merger or consolidation, unless the agreement otherwise provides, the resultant condominium is, for all purposes, the legal successor of all of the preexisting condominiums and the operations and activities of all associations of the preexisting condominiums shall be merged or consolidated into a single association, which shall hold all powers, rights, obligations, assets and liabilities of all preexisting associations. (b) An agreement of two (2) or more condominiums to merge or consolidate pursuant to subsection (a) must be evidenced by an agreement prepared, executed, recorded and certified by the president of the association of each of the preexisting condominiums following approval by owners of units to which are allocated the percentage of votes in each condominium required to terminate that condominium, or such other percentage of votes as may be required by the declarations of each of the merging condominiums. Any such agreement must be recorded in every county in which a portion of the condominium is located and is not effective until recorded. (c) Every merger or consolidation agreement must provide for the reallocation of the allocated interests in the new association among the units of the resultant condominium, either by stating the reallocations or the formulas upon which they are based or by stating the percentage of overall allocated interests of the new condominium that are allocated to all of the units comprising each of the preexisting condominiums, and providing that the portion of the percentages allocated to each unit formerly comprising a part of the preexisting condominium must be equal to the percentages of allocated interests allocated to that unit by the declaration of the preexisting condominium. Acts 2008, ch. 766, § 1.
(a) Any two (2) or more condominiums, by agreement of the unit owners as provided in subsection (b), may be merged or consolidated into a single condominium. In the event of a merger or consolidation, unless the agreement otherwise provides, the resultant condominium is, for all purposes, the legal successor of all of the preexisting condominiums and the operations and activities of all associations of the preexisting condominiums shall be merged or consolidated into a single association, which shall hold all powers, rights, obligations, assets and liabilities of all preexisting associations.
(b) An agreement of two (2) or more condominiums to merge or consolidate pursuant to subsection (a) must be evidenced by an agreement prepared, executed, recorded and certified by the president of the association of each of the preexisting condominiums following approval by owners of units to which are allocated the percentage of votes in each condominium required to terminate that condominium, or such other percentage of votes as may be required by the declarations of each of the merging condominiums. Any such agreement must be recorded in every county in which a portion of the condominium is located and is not effective until recorded.
(c) Every merger or consolidation agreement must provide for the reallocation of the allocated interests in the new association among the units of the resultant condominium, either by stating the reallocations or the formulas upon which they are based or by stating the percentage of overall allocated interests of the new condominium that are allocated to all of the units comprising each of the preexisting condominiums, and providing that the portion of the percentages allocated to each unit formerly comprising a part of the preexisting condominium must be equal to the percentages of allocated interests allocated to that unit by the declaration of the preexisting condominium.
Acts 2008, ch. 766, § 1.
Tenn. Code Ann. § 66-30-102 — TN Code / Title 66 / Chapter 30 / Section 66-30-102
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Obligee" means any person or entity to whom a residential ground rent is owed, including its successors and assigns; (2) "Obligor" means one (1) or more individuals who are obligated to pay a residential ground rent, including their successors, sublessees or assigns; (3) "Residential ground rent" means a rent or charge paid for the use of land, whether or not title thereto is transferred to the user, or a lease of land, for residential purposes: (A) Which is assignable by the obligor without the obligee's consent; (B) Which is for a term in excess of fifteen (15) years, including any rights of renewal at the option of the obligor; (C) Where the obligor has a present or future right to terminate such ground rent and to acquire the entire interest of the obligee in the land by the payment of a determined or determinable amount; and (D) Where the obligee's interest in the land is primarily a security interest to protect the obligee's right to be paid the rent or charge; and (4) "Residential purposes" means any use of land wherein the owner and/or the occupant thereof resides, including, but not limited to, the following uses: apartments, multi-family, single-family, duplexes and condominiums. Acts 1980, ch. 735, § 1; T.C.A., § 64-3002.
As used in this chapter, unless the context otherwise requires:
(1) "Obligee" means any person or entity to whom a residential ground rent is owed, including its successors and assigns;
(2) "Obligor" means one (1) or more individuals who are obligated to pay a residential ground rent, including their successors, sublessees or assigns;
(3) "Residential ground rent" means a rent or charge paid for the use of land, whether or not title thereto is transferred to the user, or a lease of land, for residential purposes: (A) Which is assignable by the obligor without the obligee's consent; (B) Which is for a term in excess of fifteen (15) years, including any rights of renewal at the option of the obligor; (C) Where the obligor has a present or future right to terminate such ground rent and to acquire the entire interest of the obligee in the land by the payment of a determined or determinable amount; and (D) Where the obligee's interest in the land is primarily a security interest to protect the obligee's right to be paid the rent or charge; and
(A) Which is assignable by the obligor without the obligee's consent;
(B) Which is for a term in excess of fifteen (15) years, including any rights of renewal at the option of the obligor;
(C) Where the obligor has a present or future right to terminate such ground rent and to acquire the entire interest of the obligee in the land by the payment of a determined or determinable amount; and
(D) Where the obligee's interest in the land is primarily a security interest to protect the obligee's right to be paid the rent or charge; and
(4) "Residential purposes" means any use of land wherein the owner and/or the occupant thereof resides, including, but not limited to, the following uses: apartments, multi-family, single-family, duplexes and condominiums.
Acts 1980, ch. 735, § 1; T.C.A., § 64-3002.
Tenn. Code Ann. § 66-24-120 — TN Code / Title 66 / Chapter 24 / Section 66-24-120
Development and sale of real property for residential or commercial purposes in a manner exempt from municipal or county subdivision regulations - Required recording of boundary survey - Failure to comply
Status: in_force

(a) If any person develops real property for residential or commercial purposes in a manner which exempts such development from the subdivision regulations of any county or municipality and then sells, transfers or enters into agreements or contracts for the sale of more than two (2) parcels of real property in such development in any calendar year, then such person must record a boundary survey showing the proposed development of the land within thirty (30) days of the sale of the second such parcel of real property. (b) Prima facie evidence of such development includes, but is not limited to, the construction of buildings, the opening of private driveways or the extension of utility services. (c) There is hereby created a civil cause of action for failure to record a boundary survey showing the proposed development of land as provided in this section for any person who discovers such noncompliance. A prevailing plaintiff shall be entitled to liquidated damages in an amount of one hundred dollars ($100) or the cost of obtaining a survey on such property, whichever is greater, plus reasonable attorneys' fees and costs. (d) This section shall only apply in counties having a population of not less than twenty-one thousand five hundred seventy-five (21,575) nor more than twenty-one thousand six hundred seventy-five (21,675) according to the 1980 federal census or any subsequent federal census. Acts 1990, ch. 667, § 1.
(a) If any person develops real property for residential or commercial purposes in a manner which exempts such development from the subdivision regulations of any county or municipality and then sells, transfers or enters into agreements or contracts for the sale of more than two (2) parcels of real property in such development in any calendar year, then such person must record a boundary survey showing the proposed development of the land within thirty (30) days of the sale of the second such parcel of real property.
(b) Prima facie evidence of such development includes, but is not limited to, the construction of buildings, the opening of private driveways or the extension of utility services.
(c) There is hereby created a civil cause of action for failure to record a boundary survey showing the proposed development of land as provided in this section for any person who discovers such noncompliance. A prevailing plaintiff shall be entitled to liquidated damages in an amount of one hundred dollars ($100) or the cost of obtaining a survey on such property, whichever is greater, plus reasonable attorneys' fees and costs.
(d) This section shall only apply in counties having a population of not less than twenty-one thousand five hundred seventy-five (21,575) nor more than twenty-one thousand six hundred seventy-five (21,675) according to the 1980 federal census or any subsequent federal census.
Acts 1990, ch. 667, § 1.
Tenn. Code Ann. § 66-11-106 — TN Code / Title 66 / Chapter 11 / Section 66-11-106
Duration of lien
Status: in_force

A prime contractor's lien shall continue for one (1) year after the date the improvement is complete or is abandoned, and until the final decision of any suit properly brought within that time for its enforcement. Code 1858, § 1985 (deriv. Acts 1845-1846, ch. 118, § 1); Shan., § 3539; mod. Code 1932, § 7917; T.C.A. (orig. ed.), § 64-1106; Acts 2007, ch. 189, § 6.
A prime contractor's lien shall continue for one (1) year after the date the improvement is complete or is abandoned, and until the final decision of any suit properly brought within that time for its enforcement.
Code 1858, § 1985 (deriv. Acts 1845-1846, ch. 118, § 1); Shan., § 3539; mod. Code 1932, § 7917; T.C.A. (orig. ed.), § 64-1106; Acts 2007, ch. 189, § 6.
Tenn. Code Ann. § 66-27-505 — TN Code / Title 66 / Chapter 27 / Section 66-27-505
Remedies for noncompliance
Status: in_force

(a) (1) If the association or declarant, as applicable, fails to provide the information required by § 66-27-503 , within the time provided in this section, then the association or declarant, as applicable, shall be liable for and shall pay a fine or penalty of two hundred fifty dollars ($250) to the party on whose behalf the request is made, following the first request for the information, and a fine or penalty of five hundred dollars ($500) if not supplied within ten (10) business days following the second request for the information, plus all costs, including, without limitation, reasonable attorney's fees incurred in obtaining the information or enforcing the fines or penalties, or both, provided for in this section. (2) In addition, and not in limitation of subdivision (a)(1), neither the purchaser nor any unit owned by the purchaser, shall be liable for any past due assessments that would have been disclosed if the information would have been provided within ten (10) business days following the second request for the information; provided, that the requesting party had no actual knowledge of the past due assessments at the time the unit was acquired by the purchaser. (3) The fine or penalty, or both, shall not be the exclusive remedy of the aggrieved party, but shall be in addition to all other remedies to which the party shall be entitled at law or in equity, including, without limitation, specific performance. (b) If at the time of the request for information the declarant is in control of the association or the condominium, or both, then the declarant must provide the information required within ten (10) business days following receipt of a written request for the information, or, if the information is not available at that time, then within ten (10) business days prior to closing. If the information is not provided within that time, then the prospective buyer shall have the right to rescind the contract upon notice to the declarant, or, in the buyer's sole discretion, the buyer may extend the closing date until a date that is ten (10) business days following the date upon which the information is provided, and may seek specific performance of this obligation in a court of competent jurisdiction, and shall be entitled to recover all costs and expenses incurred in doing so, including, without limitation, reasonable attorney's fees. Acts 2008, ch. 766, § 1.
(a) (1) If the association or declarant, as applicable, fails to provide the information required by § 66-27-503 , within the time provided in this section, then the association or declarant, as applicable, shall be liable for and shall pay a fine or penalty of two hundred fifty dollars ($250) to the party on whose behalf the request is made, following the first request for the information, and a fine or penalty of five hundred dollars ($500) if not supplied within ten (10) business days following the second request for the information, plus all costs, including, without limitation, reasonable attorney's fees incurred in obtaining the information or enforcing the fines or penalties, or both, provided for in this section. (2) In addition, and not in limitation of subdivision (a)(1), neither the purchaser nor any unit owned by the purchaser, shall be liable for any past due assessments that would have been disclosed if the information would have been provided within ten (10) business days following the second request for the information; provided, that the requesting party had no actual knowledge of the past due assessments at the time the unit was acquired by the purchaser. (3) The fine or penalty, or both, shall not be the exclusive remedy of the aggrieved party, but shall be in addition to all other remedies to which the party shall be entitled at law or in equity, including, without limitation, specific performance.
(1) If the association or declarant, as applicable, fails to provide the information required by § 66-27-503 , within the time provided in this section, then the association or declarant, as applicable, shall be liable for and shall pay a fine or penalty of two hundred fifty dollars ($250) to the party on whose behalf the request is made, following the first request for the information, and a fine or penalty of five hundred dollars ($500) if not supplied within ten (10) business days following the second request for the information, plus all costs, including, without limitation, reasonable attorney's fees incurred in obtaining the information or enforcing the fines or penalties, or both, provided for in this section.
(2) In addition, and not in limitation of subdivision (a)(1), neither the purchaser nor any unit owned by the purchaser, shall be liable for any past due assessments that would have been disclosed if the information would have been provided within ten (10) business days following the second request for the information; provided, that the requesting party had no actual knowledge of the past due assessments at the time the unit was acquired by the purchaser.
(3) The fine or penalty, or both, shall not be the exclusive remedy of the aggrieved party, but shall be in addition to all other remedies to which the party shall be entitled at law or in equity, including, without limitation, specific performance.
(b) If at the time of the request for information the declarant is in control of the association or the condominium, or both, then the declarant must provide the information required within ten (10) business days following receipt of a written request for the information, or, if the information is not available at that time, then within ten (10) business days prior to closing. If the information is not provided within that time, then the prospective buyer shall have the right to rescind the contract upon notice to the declarant, or, in the buyer's sole discretion, the buyer may extend the closing date until a date that is ten (10) business days following the date upon which the information is provided, and may seek specific performance of this obligation in a court of competent jurisdiction, and shall be entitled to recover all costs and expenses incurred in doing so, including, without limitation, reasonable attorney's fees.
Acts 2008, ch. 766, § 1.
Tenn. Code Ann. § 66-30-106 — TN Code / Title 66 / Chapter 30 / Section 66-30-106
Incorporation of agreement in instrument of transfer
Status: in_force

A ground rent agreement, made pursuant to this chapter, may be incorporated into the deed, ground lease, or other instrument of transfer in the following form: This deed is subject to annual ground rent or charge as follows: 1. Date of agreement; 2. Parties: Obligor ______________ Obligee ______________; 3. Ground rent and any future adjustments to it; 4. When payable; 5. Duration; 6. Redemption price, if agreed on. Acts 1980, ch. 735, § 1; T.C.A., § 64-3006.
A ground rent agreement, made pursuant to this chapter, may be incorporated into the deed, ground lease, or other instrument of transfer in the following form:
This deed is subject to annual ground rent or charge as follows:
1. Date of agreement;
2. Parties: Obligor ______________ Obligee ______________;
Obligor ______________
Obligee ______________;
3. Ground rent and any future adjustments to it;
4. When payable;
5. Duration;
6. Redemption price, if agreed on.
Acts 1980, ch. 735, § 1; T.C.A., § 64-3006.
Tenn. Code Ann. § 66-25-206 — TN Code / Title 66 / Chapter 25 / Section 66-25-206
Endorsement as to marginal release on face of instrument
Status: in_force

(a) It is the duty of the register, or the register's deputy, in case such original instrument is produced, to write or stamp, or both, across its face, and to sign officially, a certificate, properly dated, showing that the same has been released, wholly or partially, as the case may be, and specifying the book and page where the release appears. (b) The certificate may be, substantially, in the following form: The lien securing this instrument was duly released (in whole or in part, specifying the extent), as appears of record in Deed Book (or Trust Book) ____________________, page ____________________, in the office of the undersigned. This ____________________ day of ____________________, 20____________________. ______________ County Register Acts 1990, ch. 902, § 11.
(a) It is the duty of the register, or the register's deputy, in case such original instrument is produced, to write or stamp, or both, across its face, and to sign officially, a certificate, properly dated, showing that the same has been released, wholly or partially, as the case may be, and specifying the book and page where the release appears.
(b) The certificate may be, substantially, in the following form: The lien securing this instrument was duly released (in whole or in part, specifying the extent), as appears of record in Deed Book (or Trust Book) ____________________, page ____________________, in the office of the undersigned. This ____________________ day of ____________________, 20____________________. ______________ County Register
The lien securing this instrument was duly released (in whole or in part, specifying the extent), as appears of record in Deed Book (or Trust Book) ____________________, page ____________________, in the office of the undersigned.
This ____________________ day of ____________________, 20____________________.
______________ County Register
Acts 1990, ch. 902, § 11.
Tenn. Code Ann. § 66-29-306 — TN Code / Title 66 / Chapter 29 / Section 66-29-306
Person acquiring legal interest in aircraft - Documents of disposition
Status: in_force

(a) Any person acquiring a legal interest in an aircraft under this part shall be the lawful owner of the aircraft and all other legal or equitable interests in that aircraft shall be divested; provided, that the holder of any legal or equitable interest was notified of the intended disposal of the aircraft as required in this part. (b) The airport authority may issue documents of disposition to the purchaser or recipient of an aircraft disposed of under this part. Added by 2016 Tenn. Acts, ch. 800,s 1, eff. 4/14/2016.
(a) Any person acquiring a legal interest in an aircraft under this part shall be the lawful owner of the aircraft and all other legal or equitable interests in that aircraft shall be divested; provided, that the holder of any legal or equitable interest was notified of the intended disposal of the aircraft as required in this part.
(b) The airport authority may issue documents of disposition to the purchaser or recipient of an aircraft disposed of under this part.
Added by 2016 Tenn. Acts, ch. 800,s 1, eff. 4/14/2016.
Tenn. Code Ann. § 66-32-137 — TN Code / Title 66 / Chapter 32 / Section 66-32-137
Violations - Required contents of written agreements engaging the services of a resale broker and contracts for purchase and sale
Status: in_force

(a) It is a violation of this part for any time-share resale broker to: (1) Enter into any agreement with any person engaging the services of the time-share resale broker in connection with the resale of a time-share interval unless a written agreement complying in all respects with subsection (b) is first executed by the time-share resale broker and the person engaging the services of the time-share resale broker; (2) Accept any moneys or any other thing of value from any person engaging the services of the time-share resale broker in connection with the resale of a time-share interval in advance of the closing of the resale of such time-share interval; or (3) Utilize any form of contract or purchase and sale agreement in connection with the resale of a time-share interval unless the contract or purchase and sale agreement complies in all respects with subsection (d). (b) In addition to all requirements of and obligations under the Tennessee Real Estate Broker License Act of 1973, compiled in title 62, chapter 13, all agreements engaging the services of a time-share resale broker in connection with the resale of a time-share interval shall contain all of the following: (1) The following statement in conspicuous type located immediately prior to the space in the agreement reserved for the signature of the owner: THERE IS NO GUARANTEE THAT YOUR TIME-SHARE INTERVAL CAN BE SOLD AT ANY PARTICULAR PRICE OR WITHIN ANY PARTICULAR PERIOD OF TIME; (2) A complete and clear disclosure of any fees, commissions, and other costs or compensation payable to or received by the time-share resale broker under the agreement, whether directly or indirectly; (3) The term of the agreement, a statement regarding the ability of any party to extend the term of the agreement, and a description of the conditions under which the agreement may be extended and all related costs; (4) A description of the services to be provided by the time-share resale broker under the agreement, and a description of the obligations of each party regarding a resale purchaser, including any costs to be borne and any obligations regarding notification of the managing entity and any exchange company; (5) A statement disclosing whether the agreement grants exclusive rights to the time-share resale broker to locate a purchaser during the term of the agreement, a statement disclosing to whom and when any proceeds from a sale of the time-share interval will be disbursed, and a statement whether any party may terminate the agreement and under what conditions; (6) A statement disclosing whether the agreement permits the time-share resale broker or any other person to make any use whatsoever of the time-share interval in question and a detailed description of any such permitted use rights, including a disclosure of to whom any rents or profits generated from such use of the time-share interval will be paid; and (7) A statement disclosing the existence of any judgments or orders against the time-share resale broker resulting from a violation by the time-share resale broker of this part, the Tennessee Real Estate Broker License Act of 1973, or the Tennessee Consumer Protection Act of 1977, compiled in title 47, chapter 18, part 1, or resulting from consumer fraud on the part of the time-share resale broker. (c) The person engaging the services of the time-share resale broker must receive a fully executed copy of the agreement described in subsection (b) on the day such person signs it. (d) All forms of contract or purchase and sale agreement utilized by a time-share resale broker in connection with the sale of a time-share interval shall contain all of the following: (1) An explanation of the form of time-share ownership being purchased and a legally sufficient description of the time-share interval being purchased; (2) The name and address of the managing entity of the time-share plan; (3) (A) The following statement in conspicuous type located immediately prior to the space in the contract reserved for the signature of the purchaser: THE CURRENT YEAR'S ASSESSMENT FOR COMMON EXPENSES ALLOCABLE TO THE TIME-SHARE INTERVAL YOU ARE PURCHASING IS $ ____________________. THIS ASSESSMENT, WHICH MAY BE INCREASED FROM TIME TO TIME BY [insert name of entity having authority to increase assessment], IS PAYABLE IN FULL ON OR BEFORE [state payment due date(s)]. THIS ASSESSMENT [INCLUDES/DOES NOT INCLUDE] YEARLY AD VALOREM REAL ESTATE TAXES. [If ad valorem real property taxes are not included in the current year's assessment for common expenses, the following statement must be included: THE MOST RECENT ANNUAL ASSESSMENT FOR AD VALOREM REAL ESTATE TAXES FOR THE TIME-SHARE INTERVAL YOU ARE PURCHASING IS $ ______________ ]. FAILURE TO TIMELY PAY THESE ASSESSMENTS MAY RESULT IN RESTRICTION OR LOSS OF YOUR USE AND/OR OWNERSHIP RIGHTS. (B) In making the disclosures required by this subdivision (d)(3), the time-share resale broker may rely upon information provided in writing by the managing entity of the time-share project; (4) A complete and accurate disclosure of the terms and conditions of the purchase and closing, including the obligations of the seller and/or the purchaser for closing costs and title insurance; (5) A statement disclosing the existence of any mandatory exchange program membership included in the time-share project; and (6) In lieu of subdivisions (d)(1)-(5), a time-share resale broker affiliated with a time-share developer may use the public offering statement and sales contract to consummate a resale; provided, that such information includes the substance of all of subdivisions (d)(1)-(5). (e) The commission has authority to enforce this section as provided in §§ 66-32-121 and 62-13-109 . Acts 1990, ch. 672, §§ 4, 5.
(a) It is a violation of this part for any time-share resale broker to: (1) Enter into any agreement with any person engaging the services of the time-share resale broker in connection with the resale of a time-share interval unless a written agreement complying in all respects with subsection (b) is first executed by the time-share resale broker and the person engaging the services of the time-share resale broker; (2) Accept any moneys or any other thing of value from any person engaging the services of the time-share resale broker in connection with the resale of a time-share interval in advance of the closing of the resale of such time-share interval; or (3) Utilize any form of contract or purchase and sale agreement in connection with the resale of a time-share interval unless the contract or purchase and sale agreement complies in all respects with subsection (d).
(1) Enter into any agreement with any person engaging the services of the time-share resale broker in connection with the resale of a time-share interval unless a written agreement complying in all respects with subsection (b) is first executed by the time-share resale broker and the person engaging the services of the time-share resale broker;
(2) Accept any moneys or any other thing of value from any person engaging the services of the time-share resale broker in connection with the resale of a time-share interval in advance of the closing of the resale of such time-share interval; or
(3) Utilize any form of contract or purchase and sale agreement in connection with the resale of a time-share interval unless the contract or purchase and sale agreement complies in all respects with subsection (d).
(b) In addition to all requirements of and obligations under the Tennessee Real Estate Broker License Act of 1973, compiled in title 62, chapter 13, all agreements engaging the services of a time-share resale broker in connection with the resale of a time-share interval shall contain all of the following: (1) The following statement in conspicuous type located immediately prior to the space in the agreement reserved for the signature of the owner: THERE IS NO GUARANTEE THAT YOUR TIME-SHARE INTERVAL CAN BE SOLD AT ANY PARTICULAR PRICE OR WITHIN ANY PARTICULAR PERIOD OF TIME; (2) A complete and clear disclosure of any fees, commissions, and other costs or compensation payable to or received by the time-share resale broker under the agreement, whether directly or indirectly; (3) The term of the agreement, a statement regarding the ability of any party to extend the term of the agreement, and a description of the conditions under which the agreement may be extended and all related costs; (4) A description of the services to be provided by the time-share resale broker under the agreement, and a description of the obligations of each party regarding a resale purchaser, including any costs to be borne and any obligations regarding notification of the managing entity and any exchange company; (5) A statement disclosing whether the agreement grants exclusive rights to the time-share resale broker to locate a purchaser during the term of the agreement, a statement disclosing to whom and when any proceeds from a sale of the time-share interval will be disbursed, and a statement whether any party may terminate the agreement and under what conditions; (6) A statement disclosing whether the agreement permits the time-share resale broker or any other person to make any use whatsoever of the time-share interval in question and a detailed description of any such permitted use rights, including a disclosure of to whom any rents or profits generated from such use of the time-share interval will be paid; and (7) A statement disclosing the existence of any judgments or orders against the time-share resale broker resulting from a violation by the time-share resale broker of this part, the Tennessee Real Estate Broker License Act of 1973, or the Tennessee Consumer Protection Act of 1977, compiled in title 47, chapter 18, part 1, or resulting from consumer fraud on the part of the time-share resale broker.
(1) The following statement in conspicuous type located immediately prior to the space in the agreement reserved for the signature of the owner: THERE IS NO GUARANTEE THAT YOUR TIME-SHARE INTERVAL CAN BE SOLD AT ANY PARTICULAR PRICE OR WITHIN ANY PARTICULAR PERIOD OF TIME;
THERE IS NO GUARANTEE THAT YOUR TIME-SHARE INTERVAL CAN BE SOLD AT ANY PARTICULAR PRICE OR WITHIN ANY PARTICULAR PERIOD OF TIME;
(2) A complete and clear disclosure of any fees, commissions, and other costs or compensation payable to or received by the time-share resale broker under the agreement, whether directly or indirectly;
(3) The term of the agreement, a statement regarding the ability of any party to extend the term of the agreement, and a description of the conditions under which the agreement may be extended and all related costs;
(4) A description of the services to be provided by the time-share resale broker under the agreement, and a description of the obligations of each party regarding a resale purchaser, including any costs to be borne and any obligations regarding notification of the managing entity and any exchange company;
(5) A statement disclosing whether the agreement grants exclusive rights to the time-share resale broker to locate a purchaser during the term of the agreement, a statement disclosing to whom and when any proceeds from a sale of the time-share interval will be disbursed, and a statement whether any party may terminate the agreement and under what conditions;
(6) A statement disclosing whether the agreement permits the time-share resale broker or any other person to make any use whatsoever of the time-share interval in question and a detailed description of any such permitted use rights, including a disclosure of to whom any rents or profits generated from such use of the time-share interval will be paid; and
(7) A statement disclosing the existence of any judgments or orders against the time-share resale broker resulting from a violation by the time-share resale broker of this part, the Tennessee Real Estate Broker License Act of 1973, or the Tennessee Consumer Protection Act of 1977, compiled in title 47, chapter 18, part 1, or resulting from consumer fraud on the part of the time-share resale broker.
(c) The person engaging the services of the time-share resale broker must receive a fully executed copy of the agreement described in subsection (b) on the day such person signs it.
(d) All forms of contract or purchase and sale agreement utilized by a time-share resale broker in connection with the sale of a time-share interval shall contain all of the following: (1) An explanation of the form of time-share ownership being purchased and a legally sufficient description of the time-share interval being purchased; (2) The name and address of the managing entity of the time-share plan; (3) (A) The following statement in conspicuous type located immediately prior to the space in the contract reserved for the signature of the purchaser: THE CURRENT YEAR'S ASSESSMENT FOR COMMON EXPENSES ALLOCABLE TO THE TIME-SHARE INTERVAL YOU ARE PURCHASING IS $ ____________________. THIS ASSESSMENT, WHICH MAY BE INCREASED FROM TIME TO TIME BY [insert name of entity having authority to increase assessment], IS PAYABLE IN FULL ON OR BEFORE [state payment due date(s)]. THIS ASSESSMENT [INCLUDES/DOES NOT INCLUDE] YEARLY AD VALOREM REAL ESTATE TAXES. [If ad valorem real property taxes are not included in the current year's assessment for common expenses, the following statement must be included: THE MOST RECENT ANNUAL ASSESSMENT FOR AD VALOREM REAL ESTATE TAXES FOR THE TIME-SHARE INTERVAL YOU ARE PURCHASING IS $ ______________ ]. FAILURE TO TIMELY PAY THESE ASSESSMENTS MAY RESULT IN RESTRICTION OR LOSS OF YOUR USE AND/OR OWNERSHIP RIGHTS. (B) In making the disclosures required by this subdivision (d)(3), the time-share resale broker may rely upon information provided in writing by the managing entity of the time-share project; (4) A complete and accurate disclosure of the terms and conditions of the purchase and closing, including the obligations of the seller and/or the purchaser for closing costs and title insurance; (5) A statement disclosing the existence of any mandatory exchange program membership included in the time-share project; and (6) In lieu of subdivisions (d)(1)-(5), a time-share resale broker affiliated with a time-share developer may use the public offering statement and sales contract to consummate a resale; provided, that such information includes the substance of all of subdivisions (d)(1)-(5).
(1) An explanation of the form of time-share ownership being purchased and a legally sufficient description of the time-share interval being purchased;
(2) The name and address of the managing entity of the time-share plan;
(3) (A) The following statement in conspicuous type located immediately prior to the space in the contract reserved for the signature of the purchaser: THE CURRENT YEAR'S ASSESSMENT FOR COMMON EXPENSES ALLOCABLE TO THE TIME-SHARE INTERVAL YOU ARE PURCHASING IS $ ____________________. THIS ASSESSMENT, WHICH MAY BE INCREASED FROM TIME TO TIME BY [insert name of entity having authority to increase assessment], IS PAYABLE IN FULL ON OR BEFORE [state payment due date(s)]. THIS ASSESSMENT [INCLUDES/DOES NOT INCLUDE] YEARLY AD VALOREM REAL ESTATE TAXES. [If ad valorem real property taxes are not included in the current year's assessment for common expenses, the following statement must be included: THE MOST RECENT ANNUAL ASSESSMENT FOR AD VALOREM REAL ESTATE TAXES FOR THE TIME-SHARE INTERVAL YOU ARE PURCHASING IS $ ______________ ]. FAILURE TO TIMELY PAY THESE ASSESSMENTS MAY RESULT IN RESTRICTION OR LOSS OF YOUR USE AND/OR OWNERSHIP RIGHTS. (B) In making the disclosures required by this subdivision (d)(3), the time-share resale broker may rely upon information provided in writing by the managing entity of the time-share project;
(A) The following statement in conspicuous type located immediately prior to the space in the contract reserved for the signature of the purchaser: THE CURRENT YEAR'S ASSESSMENT FOR COMMON EXPENSES ALLOCABLE TO THE TIME-SHARE INTERVAL YOU ARE PURCHASING IS $ ____________________. THIS ASSESSMENT, WHICH MAY BE INCREASED FROM TIME TO TIME BY [insert name of entity having authority to increase assessment], IS PAYABLE IN FULL ON OR BEFORE [state payment due date(s)]. THIS ASSESSMENT [INCLUDES/DOES NOT INCLUDE] YEARLY AD VALOREM REAL ESTATE TAXES. [If ad valorem real property taxes are not included in the current year's assessment for common expenses, the following statement must be included: THE MOST RECENT ANNUAL ASSESSMENT FOR AD VALOREM REAL ESTATE TAXES FOR THE TIME-SHARE INTERVAL YOU ARE PURCHASING IS $ ______________ ]. FAILURE TO TIMELY PAY THESE ASSESSMENTS MAY RESULT IN RESTRICTION OR LOSS OF YOUR USE AND/OR OWNERSHIP RIGHTS.
THE CURRENT YEAR'S ASSESSMENT FOR COMMON EXPENSES ALLOCABLE TO THE TIME-SHARE INTERVAL YOU ARE PURCHASING IS $ ____________________. THIS ASSESSMENT, WHICH MAY BE INCREASED FROM TIME TO TIME BY [insert name of entity having authority to increase assessment], IS PAYABLE IN FULL ON OR BEFORE [state payment due date(s)]. THIS ASSESSMENT [INCLUDES/DOES NOT INCLUDE] YEARLY AD VALOREM REAL ESTATE TAXES. [If ad valorem real property taxes are not included in the current year's assessment for common expenses, the following statement must be included: THE MOST RECENT ANNUAL ASSESSMENT FOR AD VALOREM REAL ESTATE TAXES FOR THE TIME-SHARE INTERVAL YOU ARE PURCHASING IS $ ______________ ]. FAILURE TO TIMELY PAY THESE ASSESSMENTS MAY RESULT IN RESTRICTION OR LOSS OF YOUR USE AND/OR OWNERSHIP RIGHTS.
(B) In making the disclosures required by this subdivision (d)(3), the time-share resale broker may rely upon information provided in writing by the managing entity of the time-share project;
(4) A complete and accurate disclosure of the terms and conditions of the purchase and closing, including the obligations of the seller and/or the purchaser for closing costs and title insurance;
(5) A statement disclosing the existence of any mandatory exchange program membership included in the time-share project; and
(6) In lieu of subdivisions (d)(1)-(5), a time-share resale broker affiliated with a time-share developer may use the public offering statement and sales contract to consummate a resale; provided, that such information includes the substance of all of subdivisions (d)(1)-(5).
(e) The commission has authority to enforce this section as provided in §§ 66-32-121 and 62-13-109 .
Acts 1990, ch. 672, §§ 4, 5.
Tenn. Code Ann. § 66-10-104 — TN Code / Title 66 / Chapter 10 / Section 66-10-104
Sale of land as a whole
Status: in_force

If the land cannot be divided without material injury to the parties, or, if the vendee so direct, the court shall order it all to be sold at one (1) time, making the payments to fall due at such times as the purchaser has agreed to pay the vendor; and the money, as collected, shall be applied to the payment of the installments due the vendor. Code 1858, § 3565 (deriv. Acts 1857-1858, ch. 50, § 2); Shan., §5328; mod. Code 1932, § 8039; T.C.A. (orig. ed.), § 64-1005.
If the land cannot be divided without material injury to the parties, or, if the vendee so direct, the court shall order it all to be sold at one (1) time, making the payments to fall due at such times as the purchaser has agreed to pay the vendor; and the money, as collected, shall be applied to the payment of the installments due the vendor.
Code 1858, § 3565 (deriv. Acts 1857-1858, ch. 50, § 2); Shan., §5328; mod. Code 1932, § 8039; T.C.A. (orig. ed.), § 64-1005.
Tenn. Code Ann. § 66-27-703 — TN Code / Title 66 / Chapter 27 / Section 66-27-703
Vested right to lease residential property
Status: in_force

The owner of a property subject to a declaration that is amended to prohibit, or effectively prohibit, the use of single family residential real property as long-term rental property during the period of the owner's ownership of the property has a vested right to use the property as long-term rental property until the owner transfers the property. Added by 2021 Tenn. Acts, ch. 151, s 1, eff. 5/1/2021.
The owner of a property subject to a declaration that is amended to prohibit, or effectively prohibit, the use of single family residential real property as long-term rental property during the period of the owner's ownership of the property has a vested right to use the property as long-term rental property until the owner transfers the property.
Added by 2021 Tenn. Acts, ch. 151, s 1, eff. 5/1/2021.
Tenn. Code Ann. § 66-11-113 — TN Code / Title 66 / Chapter 11 / Section 66-11-113
Materials exempt from attachment, execution or other process to enforce debt
Status: in_force

Whenever materials have been furnished to improve real property and delivered to the real property by or for a lienor, and payment for the materials has not been made by the owner of the real property, the materials shall not be subject to attachment, execution, or other legal process to enforce any debt due by the purchaser of the materials, except a debt due for the purchase price of the materials, so long as in good faith the materials are about to be applied to improve the real property; but if the owner has made payment for materials furnished, the materials shall not be subject to attachment, execution, or other process to enforce any debt, including the debt due for the purchase price for the materials. Code 1932, § 7923; T.C.A. (orig. ed.), § 64-1113; Acts 2007, ch. 189, § 13.
Whenever materials have been furnished to improve real property and delivered to the real property by or for a lienor, and payment for the materials has not been made by the owner of the real property, the materials shall not be subject to attachment, execution, or other legal process to enforce any debt due by the purchaser of the materials, except a debt due for the purchase price of the materials, so long as in good faith the materials are about to be applied to improve the real property; but if the owner has made payment for materials furnished, the materials shall not be subject to attachment, execution, or other process to enforce any debt, including the debt due for the purchase price for the materials.
Code 1932, § 7923; T.C.A. (orig. ed.), § 64-1113; Acts 2007, ch. 189, § 13.
Tenn. Code Ann. § 66-9-308 — TN Code / Title 66 / Chapter 9 / Section 66-9-308
Assessment for taxation purposes
Status: in_force

(a) (1) When a conservation easement is held by a public body or exempt organization for the purposes of this chapter, the subject real property shall be assessed on the basis of the true cash value of the property or as otherwise provided by law, less such reduction in value as may result from the granting of the conservation easements. (2) The value of the easement interest held by the public body or exempt organization shall be exempt from property taxation to the same extent as other public property. (3) If a conservation easement in a structure is held by a public body or exempt organization for the term of a person's life or a term of years, the exemption shall apply for the length of the term and no longer. (b) The owner of the fee shall have all rights and powers to appeal any assessment of such interest on the same basis as provided by law for property tax assessment appeals. Acts 1981, ch. 361, § 8; T.C.A., § 64-9-308; Acts 1988, ch. 807, § 3.
(a) (1) When a conservation easement is held by a public body or exempt organization for the purposes of this chapter, the subject real property shall be assessed on the basis of the true cash value of the property or as otherwise provided by law, less such reduction in value as may result from the granting of the conservation easements. (2) The value of the easement interest held by the public body or exempt organization shall be exempt from property taxation to the same extent as other public property. (3) If a conservation easement in a structure is held by a public body or exempt organization for the term of a person's life or a term of years, the exemption shall apply for the length of the term and no longer.
(1) When a conservation easement is held by a public body or exempt organization for the purposes of this chapter, the subject real property shall be assessed on the basis of the true cash value of the property or as otherwise provided by law, less such reduction in value as may result from the granting of the conservation easements.
(2) The value of the easement interest held by the public body or exempt organization shall be exempt from property taxation to the same extent as other public property.
(3) If a conservation easement in a structure is held by a public body or exempt organization for the term of a person's life or a term of years, the exemption shall apply for the length of the term and no longer.
(b) The owner of the fee shall have all rights and powers to appeal any assessment of such interest on the same basis as provided by law for property tax assessment appeals.
Acts 1981, ch. 361, § 8; T.C.A., § 64-9-308; Acts 1988, ch. 807, § 3.
Tenn. Code Ann. § 66-2-201 — TN Code / Title 66 / Chapter 2 / Section 66-2-201
Ownership of land
Status: in_force

Any religious denomination, religious society, or church, whether incorporated or not, may take, by deed or otherwise, and hold any amount of acreage at one (1) place for purposes of public worship, or for a parsonage, or for a burial ground. Code 1858, § 1508 (deriv. Acts 1843-1844, ch. 110); Acts 1889, ch. 11, § 1; Shan., § 2562; mod. Code 1932, § 4407; Acts 1957, ch. 206, § 1; T.C.A. (orig. ed.), § 64-203.
Any religious denomination, religious society, or church, whether incorporated or not, may take, by deed or otherwise, and hold any amount of acreage at one (1) place for purposes of public worship, or for a parsonage, or for a burial ground.
Code 1858, § 1508 (deriv. Acts 1843-1844, ch. 110); Acts 1889, ch. 11, § 1; Shan., § 2562; mod. Code 1932, § 4407; Acts 1957, ch. 206, § 1; T.C.A. (orig. ed.), § 64-203.
Tenn. Code Ann. § 66-29-107 — TN Code / Title 66 / Chapter 29 / Section 66-29-107
Presumption of abandonment of other tax-deferred accounts
Status: in_force

Except as otherwise provided in § 66-29-113 , and except for property described in § 66-29-106 , property held in a governmental plan, as that term is defined in 26 U.S.C. § 414 , and property held in a program described in Section 529A of the Internal Revenue Code ( 26 U.S.C. § 529A ), property held in an account or plan, including a health savings account, that qualifies for tax deferral under the income tax laws of the United States is presumed abandoned if it is unclaimed by the owner three (3) years after the earlier of: (1) The date, if determinable by the holder, specified in the income tax laws and regulations of the United States by which distribution of the property must begin to avoid a tax penalty, with no distribution having been made; or (2) Thirty (30) years after the date the account was opened. Amended by 2017 Tenn. Acts, ch. 457, s 1, eff. 7/1/2017. Acts 1978, ch. 561, § 6; T.C.A., §§ 64-2906, 66-29-106; Acts 1984, ch. 544, § 3; 1986, ch. 539, § 14; 1996, ch. 642, § 1; 2006, ch. 611, § 1.
Except as otherwise provided in § 66-29-113 , and except for property described in § 66-29-106 , property held in a governmental plan, as that term is defined in 26 U.S.C. § 414 , and property held in a program described in Section 529A of the Internal Revenue Code ( 26 U.S.C. § 529A ), property held in an account or plan, including a health savings account, that qualifies for tax deferral under the income tax laws of the United States is presumed abandoned if it is unclaimed by the owner three (3) years after the earlier of:
(1) The date, if determinable by the holder, specified in the income tax laws and regulations of the United States by which distribution of the property must begin to avoid a tax penalty, with no distribution having been made; or
(2) Thirty (30) years after the date the account was opened.
Amended by 2017 Tenn. Acts, ch. 457, s 1, eff. 7/1/2017.
Acts 1978, ch. 561, § 6; T.C.A., §§ 64-2906, 66-29-106; Acts 1984, ch. 544, § 3; 1986, ch. 539, § 14; 1996, ch. 642, § 1; 2006, ch. 611, § 1.
Tenn. Code Ann. § 66-11-137 — TN Code / Title 66 / Chapter 11 / Section 66-11-137
Owner's misapplication of loan proceeds - Violation
Status: in_force

(a) Any owner who procures a loan secured by a mortgage or other encumbrance on certain real property, representing that the proceeds of the loan are to be used for the purpose of improving real property, and who, with intent to defraud, uses the proceeds or any part of the proceeds for any other purpose than to pay for labor performed on, or materials, services, equipment, or machinery furnished for the real property, and overhead and profit related thereto while any amount for the labor, materials, services, equipment, machinery, overhead or profit remains unpaid, or while any amount of which the owner has received notice of nonpayment prescribed by this chapter remains unpaid, shall be liable to an injured party for any damages and actual expenses incurred, including attorneys' fees, if the damages and expenses incurred are the result of the misapplication of the loan proceeds. (b) A violation of subsection (a) is a Class E felony. Code 1932, § 7943; T.C.A. (orig. ed.), § 64-1139; Acts 1989, ch. 591, § 88; 2007, ch. 189, § 36.
(a) Any owner who procures a loan secured by a mortgage or other encumbrance on certain real property, representing that the proceeds of the loan are to be used for the purpose of improving real property, and who, with intent to defraud, uses the proceeds or any part of the proceeds for any other purpose than to pay for labor performed on, or materials, services, equipment, or machinery furnished for the real property, and overhead and profit related thereto while any amount for the labor, materials, services, equipment, machinery, overhead or profit remains unpaid, or while any amount of which the owner has received notice of nonpayment prescribed by this chapter remains unpaid, shall be liable to an injured party for any damages and actual expenses incurred, including attorneys' fees, if the damages and expenses incurred are the result of the misapplication of the loan proceeds.
(b) A violation of subsection (a) is a Class E felony.
Code 1932, § 7943; T.C.A. (orig. ed.), § 64-1139; Acts 1989, ch. 591, § 88; 2007, ch. 189, § 36.
Tenn. Code Ann. § 66-37-104 — TN Code / Title 66 / Chapter 37 / Section 66-37-104
Transfer covenant fees
Status: in_force

(a) A transfer fee covenant recorded after June 10, 2011, or any lien to the extent that it purports to secure the payment of a transfer fee, is not binding on or enforceable against the affected real property or any subsequent owner, purchaser, or mortgagee of any interest in the property. (b) Nothing in this chapter shall imply that a transfer fee covenant recorded prior to June 10, 2011 is valid or enforceable. Acts 2011, ch. 462, § 3.
(a) A transfer fee covenant recorded after June 10, 2011, or any lien to the extent that it purports to secure the payment of a transfer fee, is not binding on or enforceable against the affected real property or any subsequent owner, purchaser, or mortgagee of any interest in the property.
(b) Nothing in this chapter shall imply that a transfer fee covenant recorded prior to June 10, 2011 is valid or enforceable.
Acts 2011, ch. 462, § 3.
Tenn. Code Ann. § 66-6-103 — TN Code / Title 66 / Chapter 6 / Section 66-6-103
Technical definitions of systems
Status: in_force

(a) For purposes of more precisely defining the Tennessee Coordinate System of 1927, the following definition by the United States coast and geodetic survey, now the national ocean survey/national geodetic survey, is adopted: The "Tennessee Coordinate System of 1927" is a Lambert conformal conic projection of the Clarke spheroid of 1866, having standard parallels at north latitudes 35° 15' and 36° 25', along which parallels the scale shall be exact. The origin of coordinates is at the intersection of the meridian 86° 00' west of Greenwich and the parallel 34° 40' north latitude. This origin is given the coordinates: x (easting) = two million feet (2,000,000') and y (northing) = one hundred thousand feet (100,000'). (b) For purposes of more precisely defining the Tennessee Coordinate System of 1983, the following definition by the national ocean survey/national geodetic survey is adopted: The "Tennessee Coordinate System of 1983" is Lambert conformal conic projection of the North American Datum of 1983, having standard parallels at north latitudes 35° 15' and 36° 25', along which parallels the scale shall be exact. The origin of coordinates is at the intersection of the meridian 86° 00' west of Greenwich and the parallel 34° 20' north latitude. This origin is given the coordinates: x (easting) = six hundred thousand meters (600,000 m.) and y (northing) = zero meters (0 m.). (c) The definition of the "U.S. Survey Foot" is exactly 1,200/3,937 meters. Acts 1991, ch. 42, §4; 2010 , ch. 1139, § 2.
(a) For purposes of more precisely defining the Tennessee Coordinate System of 1927, the following definition by the United States coast and geodetic survey, now the national ocean survey/national geodetic survey, is adopted: The "Tennessee Coordinate System of 1927" is a Lambert conformal conic projection of the Clarke spheroid of 1866, having standard parallels at north latitudes 35° 15' and 36° 25', along which parallels the scale shall be exact. The origin of coordinates is at the intersection of the meridian 86° 00' west of Greenwich and the parallel 34° 40' north latitude. This origin is given the coordinates: x (easting) = two million feet (2,000,000') and y (northing) = one hundred thousand feet (100,000').
The "Tennessee Coordinate System of 1927" is a Lambert conformal conic projection of the Clarke spheroid of 1866, having standard parallels at north latitudes 35° 15' and 36° 25', along which parallels the scale shall be exact. The origin of coordinates is at the intersection of the meridian 86° 00' west of Greenwich and the parallel 34° 40' north latitude. This origin is given the coordinates: x (easting) = two million feet (2,000,000') and y (northing) = one hundred thousand feet (100,000').
(b) For purposes of more precisely defining the Tennessee Coordinate System of 1983, the following definition by the national ocean survey/national geodetic survey is adopted: The "Tennessee Coordinate System of 1983" is Lambert conformal conic projection of the North American Datum of 1983, having standard parallels at north latitudes 35° 15' and 36° 25', along which parallels the scale shall be exact. The origin of coordinates is at the intersection of the meridian 86° 00' west of Greenwich and the parallel 34° 20' north latitude. This origin is given the coordinates: x (easting) = six hundred thousand meters (600,000 m.) and y (northing) = zero meters (0 m.).
The "Tennessee Coordinate System of 1983" is Lambert conformal conic projection of the North American Datum of 1983, having standard parallels at north latitudes 35° 15' and 36° 25', along which parallels the scale shall be exact. The origin of coordinates is at the intersection of the meridian 86° 00' west of Greenwich and the parallel 34° 20' north latitude. This origin is given the coordinates: x (easting) = six hundred thousand meters (600,000 m.) and y (northing) = zero meters (0 m.).
(c) The definition of the "U.S. Survey Foot" is exactly 1,200/3,937 meters.
Acts 1991, ch. 42, §4; 2010 , ch. 1139, § 2.
Tenn. Code Ann. § 66-29-101 — TN Code / Title 66 / Chapter 29 / Section 66-29-101
Short title
Status: in_force

This part shall be known as the "Uniform Unclaimed Property Act." Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017. Acts 1978, ch. 561, § 1; T.C.A., § 64-2901.
This part shall be known as the "Uniform Unclaimed Property Act."
Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Acts 1978, ch. 561, § 1; T.C.A., § 64-2901.
Tenn. Code Ann. § 66-34-302 — TN Code / Title 66 / Chapter 34 / Section 66-34-302
Application for payment for work - Payment according to schedule for payments - Interest
Status: in_force

(a) If a remote contractor has performed in accordance with the remote contractor's written contract with the prime contractor, then the prime contractor shall pay to the remote contractor the full amount earned by the remote contractor, subject only to any condition precedent for payment clause in the contract, and less only those amounts withheld in accordance with § 66-34-303 . The payment must be made in accordance with the schedule for payments established within the contract and within thirty (30) days after application for payment is timely submitted by the remote contractor to the prime contractor, in accordance with the schedule. (b) The prime contractor shall also pay the remote contractor its pro rata share of any interest provided for in § 66-34-601 that has been received by the prime contractor. Amended by 2020 Tenn. Acts, ch. 749, s 24, eff. 7/1/2020. Acts 1991, ch. 45, § 1; 2006, ch. 944, § 2.
(a) If a remote contractor has performed in accordance with the remote contractor's written contract with the prime contractor, then the prime contractor shall pay to the remote contractor the full amount earned by the remote contractor, subject only to any condition precedent for payment clause in the contract, and less only those amounts withheld in accordance with § 66-34-303 . The payment must be made in accordance with the schedule for payments established within the contract and within thirty (30) days after application for payment is timely submitted by the remote contractor to the prime contractor, in accordance with the schedule.
(b) The prime contractor shall also pay the remote contractor its pro rata share of any interest provided for in § 66-34-601 that has been received by the prime contractor.
Amended by 2020 Tenn. Acts, ch. 749, s 24, eff. 7/1/2020.
Acts 1991, ch. 45, § 1; 2006, ch. 944, § 2.
Tenn. Code Ann. § 66-27-313 — TN Code / Title 66 / Chapter 27 / Section 66-27-313
Subdivision of units
Status: in_force

(a) In addition to any development rights relating to the subdivision of units that may be reserved to the declarant, if the declaration expressly so permits, a unit owner may subdivide a unit into two (2) or more units. Subject to the declaration and other law, upon application of a unit owner to subdivide a unit, the association shall prepare, execute, and record an amendment to the declaration, including the plats and plans, subdividing that unit, at the expense of the owner of the unit to be subdivided. (b) The amendment to the declaration must be executed by the owner of the unit to be subdivided, assign an identifying number to each unit created, and reallocate the allocated interests formerly allocated to the subdivided unit to the new units in any reasonable manner prescribed by the owner of the subdivided unit. Acts 2008, ch. 766, § 1.
(a) In addition to any development rights relating to the subdivision of units that may be reserved to the declarant, if the declaration expressly so permits, a unit owner may subdivide a unit into two (2) or more units. Subject to the declaration and other law, upon application of a unit owner to subdivide a unit, the association shall prepare, execute, and record an amendment to the declaration, including the plats and plans, subdividing that unit, at the expense of the owner of the unit to be subdivided.
(b) The amendment to the declaration must be executed by the owner of the unit to be subdivided, assign an identifying number to each unit created, and reallocate the allocated interests formerly allocated to the subdivided unit to the new units in any reasonable manner prescribed by the owner of the subdivided unit.
Acts 2008, ch. 766, § 1.
Tenn. Code Ann. § 66-23-112 — TN Code / Title 66 / Chapter 23 / Section 66-23-112
Liability of witness for failure to attend
Status: in_force

Should any witness, summoned as provided in § 66-23-108 , fail or refuse to attend, that witness shall be subject to an action on the case for damages at the suit of the party by whom the witness was summoned. Code 1858, § 2064 (deriv. Acts 1833, ch. 92, § 10); Shan., § 3741; Code 1932, §7656; T.C.A. (orig. ed.), § 64-2312.
Should any witness, summoned as provided in § 66-23-108 , fail or refuse to attend, that witness shall be subject to an action on the case for damages at the suit of the party by whom the witness was summoned.
Code 1858, § 2064 (deriv. Acts 1833, ch. 92, § 10); Shan., § 3741; Code 1932, §7656; T.C.A. (orig. ed.), § 64-2312.
Tenn. Code Ann. § 66-11-140 — TN Code / Title 66 / Chapter 11 / Section 66-11-140
Misuse of proceeds prima facie evidence of intent to defraud
Status: in_force

Use of the proceeds as enumerated in §§ 66-11-137 - 66-11-139 for any purpose other than either payment pursuant to written agreement between the parties or in accordance with the allocation of costs and profits under generally accepted accounting principles for construction projects shall be prima facie evidence of intent to defraud. Use of a single business bank account for multiple projects shall not be evidence of intent to defraud. Code 1932, § 7945; T.C.A. (orig. ed.), § 64-1142; Acts 2004, ch. 688, § 2; 2007, ch. 189, § 39.
Use of the proceeds as enumerated in §§ 66-11-137 - 66-11-139 for any purpose other than either payment pursuant to written agreement between the parties or in accordance with the allocation of costs and profits under generally accepted accounting principles for construction projects shall be prima facie evidence of intent to defraud. Use of a single business bank account for multiple projects shall not be evidence of intent to defraud.
Code 1932, § 7945; T.C.A. (orig. ed.), § 64-1142; Acts 2004, ch. 688, § 2; 2007, ch. 189, § 39.
Tenn. Code Ann. § 66-27-404 — TN Code / Title 66 / Chapter 27 / Section 66-27-404
Transfer of special declarant rights
Status: in_force

(a) No special declarant right, created or reserved under part 2, part 3, this part and part 5 of this chapter may be transferred except by an instrument evidencing the transfer recorded in the register's office in every county in which any portion of the condominium is located. The instrument is not effective unless executed by the transferee. (b) Upon transfer of any special declarant right, the liability of a transferor declarant is as follows: (1) A transferor is not relieved of any obligation or liability arising before the transfer. Lack of privity does not deprive the association or any unit owner of standing to maintain an action to enforce any obligation of the transferor; (2) If a successor to any special declarant right is an affiliate of a declarant as defined by § 66-27-203 , the transferor is jointly and severally liable with the successor for any obligations or liabilities of the successor relating to the condominium; (3) If a transferor retains any special declarant right, but transfers other special declarant rights to a successor who is not an affiliate of the declarant, the transferor is liable for any obligations or liabilities imposed on a declarant by part 2, part 3, this part and part 5 of this chapter or by the declaration relating to the retained special declarant rights and arising after the transfer; (4) A transferor has no liability for any act or omission or any breach of a contractual obligation arising from the exercise of a special declarant right by a successor declarant who is not an affiliate of the transferor. (c) Unless otherwise provided in a mortgage instrument or deed of trust, in case of foreclosure of a mortgage, tax sale, judicial sale, sale by a trustee under a deed of trust, or sale under the United States Bankruptcy Code ( 11 U.S.C. § 101 et seq.), receivership proceedings, or sale by the association pursuant to its declaration, of any units owned by a declarant or other real estate in a condominium subject to development rights, a person acquiring title to all the real estate being foreclosed or sold succeeds to all special declarant rights related to that real estate held by that declarant, unless the person acquiring title records an instrument within one hundred twenty (120) days following the foreclosure, in the register's office of every county in which any portion of the condominium lies, disclaiming any or all of such rights. (d) Upon foreclosure, tax sale, judicial sale, sale by a trustee under a deed of trust, or sale under the United States Bankruptcy Code, receivership proceedings, or sale by the association pursuant to its declaration, of all units and other real estate in a condominium owned by a declarant: (1) The declarant ceases to have any special declarant rights; and (2) All special declarant rights continue in favor of the purchaser unless disclaimed by a recorded instrument within one hundred twenty (120) days following the foreclosure or sale as provided in subsection (c). (e) The liabilities and obligations of a person who succeeds to special declarant rights are as follows: (1) A successor to any special declarant right who is an affiliate of a declarant is subject to all obligations and liabilities imposed on the transferor by part 2, part 3, this part and part 5 of this chapter or by the declaration; (2) A successor to any special declarant right, other than a successor described in subdivision (e)(3) or (e)(4), who is not an affiliate of a declarant, is subject to all obligations and liabilities imposed by part 2, part 3, this part and part 5 of this chapter or the declaration: (A) On a declarant who relates to the declarant's exercise or non-exercise of special declarant rights; or (B) On the declarant's transferor, other than: (i) Misrepresentations by any previous declarant; (ii) Warranty obligations on improvements made by any previous declarant, or made before the condominium was created; (iii) Breach of any fiduciary obligation by any previous declarant or the previous declarant's appointees to the board of directors; or (iv) Any liability or obligation imposed on the transferor as a result of the transferor's acts or omissions after the transfer; (3) A successor to only a right reserved in the declaration to maintain models, sales offices, and signs pursuant to § 66-27-315 , if the successor is not an affiliate of a declarant, may not exercise any other special declarant right, and is not subject to any liability or obligation as a declarant, except the obligation to provide the information required by part 5 of this chapter, and any liability arising as a result of the obligation; and (4) A successor to all special declarant rights held by the successor's transferor who is not an affiliate of that declarant and who succeeded to those rights pursuant to a deed in lieu of foreclosure or a judgment or instrument conveying title to units under subsection (c), may declare the successor's intention within one hundred twenty (120) days after acquiring title, in an instrument recorded in every county in which any portion of the condominium lies, to hold those rights solely for transfer to another person. Thereafter, until transferring all special declarant rights to any person acquiring title to any unit owned by the successor, or unit recording an instrument permitting exercise of all those rights, that successor may not exercise any of those rights other than any right held by the successor's transferor to control the board of directors in accordance with § 66-27-403(d) for the duration of any period of declarant control, and any attempted exercise of those rights is void. So long as a successor declarant has not or may not exercise special declarant rights under this subsection (e), the successor declarant is not subject to any liability or obligation as a declarant other than liability for the successor declarant's acts and omissions under § 66-27-403(d) . (f) Nothing in this section subjects any successor to a special declarant right to any claims against or other obligations of a transferor declarant, other than claims and obligations arising under part 2, part 3, this part and part 5 of this chapter or the declaration. Acts 2008 , ch. 766, § 1.
(a) No special declarant right, created or reserved under part 2, part 3, this part and part 5 of this chapter may be transferred except by an instrument evidencing the transfer recorded in the register's office in every county in which any portion of the condominium is located. The instrument is not effective unless executed by the transferee.
(b) Upon transfer of any special declarant right, the liability of a transferor declarant is as follows: (1) A transferor is not relieved of any obligation or liability arising before the transfer. Lack of privity does not deprive the association or any unit owner of standing to maintain an action to enforce any obligation of the transferor; (2) If a successor to any special declarant right is an affiliate of a declarant as defined by § 66-27-203 , the transferor is jointly and severally liable with the successor for any obligations or liabilities of the successor relating to the condominium; (3) If a transferor retains any special declarant right, but transfers other special declarant rights to a successor who is not an affiliate of the declarant, the transferor is liable for any obligations or liabilities imposed on a declarant by part 2, part 3, this part and part 5 of this chapter or by the declaration relating to the retained special declarant rights and arising after the transfer; (4) A transferor has no liability for any act or omission or any breach of a contractual obligation arising from the exercise of a special declarant right by a successor declarant who is not an affiliate of the transferor.
(1) A transferor is not relieved of any obligation or liability arising before the transfer. Lack of privity does not deprive the association or any unit owner of standing to maintain an action to enforce any obligation of the transferor;
(2) If a successor to any special declarant right is an affiliate of a declarant as defined by § 66-27-203 , the transferor is jointly and severally liable with the successor for any obligations or liabilities of the successor relating to the condominium;
(3) If a transferor retains any special declarant right, but transfers other special declarant rights to a successor who is not an affiliate of the declarant, the transferor is liable for any obligations or liabilities imposed on a declarant by part 2, part 3, this part and part 5 of this chapter or by the declaration relating to the retained special declarant rights and arising after the transfer;
(4) A transferor has no liability for any act or omission or any breach of a contractual obligation arising from the exercise of a special declarant right by a successor declarant who is not an affiliate of the transferor.
(c) Unless otherwise provided in a mortgage instrument or deed of trust, in case of foreclosure of a mortgage, tax sale, judicial sale, sale by a trustee under a deed of trust, or sale under the United States Bankruptcy Code ( 11 U.S.C. § 101 et seq.), receivership proceedings, or sale by the association pursuant to its declaration, of any units owned by a declarant or other real estate in a condominium subject to development rights, a person acquiring title to all the real estate being foreclosed or sold succeeds to all special declarant rights related to that real estate held by that declarant, unless the person acquiring title records an instrument within one hundred twenty (120) days following the foreclosure, in the register's office of every county in which any portion of the condominium lies, disclaiming any or all of such rights.
(d) Upon foreclosure, tax sale, judicial sale, sale by a trustee under a deed of trust, or sale under the United States Bankruptcy Code, receivership proceedings, or sale by the association pursuant to its declaration, of all units and other real estate in a condominium owned by a declarant: (1) The declarant ceases to have any special declarant rights; and (2) All special declarant rights continue in favor of the purchaser unless disclaimed by a recorded instrument within one hundred twenty (120) days following the foreclosure or sale as provided in subsection (c).
(1) The declarant ceases to have any special declarant rights; and
(2) All special declarant rights continue in favor of the purchaser unless disclaimed by a recorded instrument within one hundred twenty (120) days following the foreclosure or sale as provided in subsection (c).
(e) The liabilities and obligations of a person who succeeds to special declarant rights are as follows: (1) A successor to any special declarant right who is an affiliate of a declarant is subject to all obligations and liabilities imposed on the transferor by part 2, part 3, this part and part 5 of this chapter or by the declaration; (2) A successor to any special declarant right, other than a successor described in subdivision (e)(3) or (e)(4), who is not an affiliate of a declarant, is subject to all obligations and liabilities imposed by part 2, part 3, this part and part 5 of this chapter or the declaration: (A) On a declarant who relates to the declarant's exercise or non-exercise of special declarant rights; or (B) On the declarant's transferor, other than: (i) Misrepresentations by any previous declarant; (ii) Warranty obligations on improvements made by any previous declarant, or made before the condominium was created; (iii) Breach of any fiduciary obligation by any previous declarant or the previous declarant's appointees to the board of directors; or (iv) Any liability or obligation imposed on the transferor as a result of the transferor's acts or omissions after the transfer; (3) A successor to only a right reserved in the declaration to maintain models, sales offices, and signs pursuant to § 66-27-315 , if the successor is not an affiliate of a declarant, may not exercise any other special declarant right, and is not subject to any liability or obligation as a declarant, except the obligation to provide the information required by part 5 of this chapter, and any liability arising as a result of the obligation; and (4) A successor to all special declarant rights held by the successor's transferor who is not an affiliate of that declarant and who succeeded to those rights pursuant to a deed in lieu of foreclosure or a judgment or instrument conveying title to units under subsection (c), may declare the successor's intention within one hundred twenty (120) days after acquiring title, in an instrument recorded in every county in which any portion of the condominium lies, to hold those rights solely for transfer to another person. Thereafter, until transferring all special declarant rights to any person acquiring title to any unit owned by the successor, or unit recording an instrument permitting exercise of all those rights, that successor may not exercise any of those rights other than any right held by the successor's transferor to control the board of directors in accordance with § 66-27-403(d) for the duration of any period of declarant control, and any attempted exercise of those rights is void. So long as a successor declarant has not or may not exercise special declarant rights under this subsection (e), the successor declarant is not subject to any liability or obligation as a declarant other than liability for the successor declarant's acts and omissions under § 66-27-403(d) .
(1) A successor to any special declarant right who is an affiliate of a declarant is subject to all obligations and liabilities imposed on the transferor by part 2, part 3, this part and part 5 of this chapter or by the declaration;
(2) A successor to any special declarant right, other than a successor described in subdivision (e)(3) or (e)(4), who is not an affiliate of a declarant, is subject to all obligations and liabilities imposed by part 2, part 3, this part and part 5 of this chapter or the declaration: (A) On a declarant who relates to the declarant's exercise or non-exercise of special declarant rights; or (B) On the declarant's transferor, other than: (i) Misrepresentations by any previous declarant; (ii) Warranty obligations on improvements made by any previous declarant, or made before the condominium was created; (iii) Breach of any fiduciary obligation by any previous declarant or the previous declarant's appointees to the board of directors; or (iv) Any liability or obligation imposed on the transferor as a result of the transferor's acts or omissions after the transfer;
(A) On a declarant who relates to the declarant's exercise or non-exercise of special declarant rights; or
(B) On the declarant's transferor, other than: (i) Misrepresentations by any previous declarant; (ii) Warranty obligations on improvements made by any previous declarant, or made before the condominium was created; (iii) Breach of any fiduciary obligation by any previous declarant or the previous declarant's appointees to the board of directors; or (iv) Any liability or obligation imposed on the transferor as a result of the transferor's acts or omissions after the transfer;
(i) Misrepresentations by any previous declarant;
(ii) Warranty obligations on improvements made by any previous declarant, or made before the condominium was created;
(iii) Breach of any fiduciary obligation by any previous declarant or the previous declarant's appointees to the board of directors; or
(iv) Any liability or obligation imposed on the transferor as a result of the transferor's acts or omissions after the transfer;
(3) A successor to only a right reserved in the declaration to maintain models, sales offices, and signs pursuant to § 66-27-315 , if the successor is not an affiliate of a declarant, may not exercise any other special declarant right, and is not subject to any liability or obligation as a declarant, except the obligation to provide the information required by part 5 of this chapter, and any liability arising as a result of the obligation; and
(4) A successor to all special declarant rights held by the successor's transferor who is not an affiliate of that declarant and who succeeded to those rights pursuant to a deed in lieu of foreclosure or a judgment or instrument conveying title to units under subsection (c), may declare the successor's intention within one hundred twenty (120) days after acquiring title, in an instrument recorded in every county in which any portion of the condominium lies, to hold those rights solely for transfer to another person. Thereafter, until transferring all special declarant rights to any person acquiring title to any unit owned by the successor, or unit recording an instrument permitting exercise of all those rights, that successor may not exercise any of those rights other than any right held by the successor's transferor to control the board of directors in accordance with § 66-27-403(d) for the duration of any period of declarant control, and any attempted exercise of those rights is void. So long as a successor declarant has not or may not exercise special declarant rights under this subsection (e), the successor declarant is not subject to any liability or obligation as a declarant other than liability for the successor declarant's acts and omissions under § 66-27-403(d) .
(f) Nothing in this section subjects any successor to a special declarant right to any claims against or other obligations of a transferor declarant, other than claims and obligations arising under part 2, part 3, this part and part 5 of this chapter or the declaration.
Acts 2008 , ch. 766, § 1.
Tenn. Code Ann. § 66-32-107 — TN Code / Title 66 / Chapter 32 / Section 66-32-107
Time-share estate management
Status: in_force

The time-share instruments for a time-share estate program shall prescribe reasonable arrangements for management and operation of the time-share program and for the maintenance, repair and furnishing of units, which shall ordinarily include, but need not be limited to, provisions for the following: (1) Creation of an association of time-share estate owners; (2) Adoption of bylaws for organizing and operating the association; (3) Payment of costs and expenses of operating the time-share program and owning and maintaining the units; (4) Employment and termination of employment of the managing agent for the association; (5) Preparation and dissemination to owners of an annual budget and of operating statements and other financial information concerning the time-share program; (6) Adoption of standards and rules of conduct for the use and occupancy of units by owners; (7) (A) Collection of assessments from owners to defray the expenses of management of the time-share program and maintenance of the units, which will include the maintenance of reserve and escrow accounts that will adequately provide for the maintenance and replacement of capital improvements to the commonly owned areas of the time-sharing program and for the timely maintenance and replacement of the personal property commonly owned by the time-share estates; (B) The board of directors of the property owners association shall decide when maintenance or replacement of capital improvements shall be accomplished and shall set amounts of reserve. The board of directors of the property owners association and managing agent shall disclose to each interval owner, in a written annual report, the status of the required accounts. The report shall include the total funds deposited, the current balance, the interest earned, the purpose and amount of any payouts since the previous report. The report shall include the name and address of the person or persons in responsible charge of the accounts; (8) Comprehensive general liability insurance for death, bodily injury and property damage arising out of, or in connection with, the use of units by owners, their guests and other users; (9) Methods for providing compensation for use periods or monetary compensation to an owner if a unit cannot be made available for the period to which the owner is entitled by schedule or by confirmed reservation; (10) Procedures for imposing a monetary penalty or suspension of an owner's rights and privileges in the time-share program for failure of the owner to comply with provisions of the time-share instruments or the rules of the association with respect to the use of the units. Under these procedures an owner must be given notice and the opportunity to refute or explain the charges against such owner in person or in writing to the governing body of the association before a decision to impose discipline is rendered; (11) Employment of attorneys, accountants and other professional persons as necessary to assist in the management of the time-share program and the units; (12) The managing agent for the association shall be responsible for the maintenance of an escrow or reserve account, as set by the board of directors, which shall contain the assessments collected for the maintenance and replacement of the capital improvements to the commonly owned areas and for the maintenance and timely replacement of the personal property commonly owned by the time-share estates. Such escrow or reserve accounts shall be maintained in an institution insured by the federal deposit insurance corporation or federally insured agencies; (13) Failure of the managing agent to properly maintain the escrow or reserve accounts, as set by the board of directors, for maintenance and replacement of capital improvements to the common area and the maintenance and timely replacement of the personal property shall constitute a felony and the managing agent shall be subject to the penalties as provided in § 66-32-118 ; and (14) The managing agent shall be a licensed real estate firm or bonded agent. The principal broker/agent of the firm shall have control of the accounts required in subdivision (12), and shall enter into a tri-party agreement by and between the commission, the managing agent, and the depository institution, providing for the authority of the commission to access and inspect the account records at all times on behalf of the condominium homeowners association. Acts 1981, ch. 372, § 8; T.C.A., § 64-3208; Acts 1989, ch. 65, §§ 2, 3.
The time-share instruments for a time-share estate program shall prescribe reasonable arrangements for management and operation of the time-share program and for the maintenance, repair and furnishing of units, which shall ordinarily include, but need not be limited to, provisions for the following:
(1) Creation of an association of time-share estate owners;
(2) Adoption of bylaws for organizing and operating the association;
(3) Payment of costs and expenses of operating the time-share program and owning and maintaining the units;
(4) Employment and termination of employment of the managing agent for the association;
(5) Preparation and dissemination to owners of an annual budget and of operating statements and other financial information concerning the time-share program;
(6) Adoption of standards and rules of conduct for the use and occupancy of units by owners;
(7) (A) Collection of assessments from owners to defray the expenses of management of the time-share program and maintenance of the units, which will include the maintenance of reserve and escrow accounts that will adequately provide for the maintenance and replacement of capital improvements to the commonly owned areas of the time-sharing program and for the timely maintenance and replacement of the personal property commonly owned by the time-share estates; (B) The board of directors of the property owners association shall decide when maintenance or replacement of capital improvements shall be accomplished and shall set amounts of reserve. The board of directors of the property owners association and managing agent shall disclose to each interval owner, in a written annual report, the status of the required accounts. The report shall include the total funds deposited, the current balance, the interest earned, the purpose and amount of any payouts since the previous report. The report shall include the name and address of the person or persons in responsible charge of the accounts;
(A) Collection of assessments from owners to defray the expenses of management of the time-share program and maintenance of the units, which will include the maintenance of reserve and escrow accounts that will adequately provide for the maintenance and replacement of capital improvements to the commonly owned areas of the time-sharing program and for the timely maintenance and replacement of the personal property commonly owned by the time-share estates;
(B) The board of directors of the property owners association shall decide when maintenance or replacement of capital improvements shall be accomplished and shall set amounts of reserve. The board of directors of the property owners association and managing agent shall disclose to each interval owner, in a written annual report, the status of the required accounts. The report shall include the total funds deposited, the current balance, the interest earned, the purpose and amount of any payouts since the previous report. The report shall include the name and address of the person or persons in responsible charge of the accounts;
(8) Comprehensive general liability insurance for death, bodily injury and property damage arising out of, or in connection with, the use of units by owners, their guests and other users;
(9) Methods for providing compensation for use periods or monetary compensation to an owner if a unit cannot be made available for the period to which the owner is entitled by schedule or by confirmed reservation;
(10) Procedures for imposing a monetary penalty or suspension of an owner's rights and privileges in the time-share program for failure of the owner to comply with provisions of the time-share instruments or the rules of the association with respect to the use of the units. Under these procedures an owner must be given notice and the opportunity to refute or explain the charges against such owner in person or in writing to the governing body of the association before a decision to impose discipline is rendered;
(11) Employment of attorneys, accountants and other professional persons as necessary to assist in the management of the time-share program and the units;
(12) The managing agent for the association shall be responsible for the maintenance of an escrow or reserve account, as set by the board of directors, which shall contain the assessments collected for the maintenance and replacement of the capital improvements to the commonly owned areas and for the maintenance and timely replacement of the personal property commonly owned by the time-share estates. Such escrow or reserve accounts shall be maintained in an institution insured by the federal deposit insurance corporation or federally insured agencies;
(13) Failure of the managing agent to properly maintain the escrow or reserve accounts, as set by the board of directors, for maintenance and replacement of capital improvements to the common area and the maintenance and timely replacement of the personal property shall constitute a felony and the managing agent shall be subject to the penalties as provided in § 66-32-118 ; and
(14) The managing agent shall be a licensed real estate firm or bonded agent. The principal broker/agent of the firm shall have control of the accounts required in subdivision (12), and shall enter into a tri-party agreement by and between the commission, the managing agent, and the depository institution, providing for the authority of the commission to access and inspect the account records at all times on behalf of the condominium homeowners association.
Acts 1981, ch. 372, § 8; T.C.A., § 64-3208; Acts 1989, ch. 65, §§ 2, 3.
Tenn. Code Ann. § 66-27-409 — TN Code / Title 66 / Chapter 27 / Section 66-27-409
Quorums
Status: in_force

(a) Unless the bylaws provide otherwise, a quorum is present throughout any meeting of the association if persons entitled to cast twenty percent (20%) of the votes that may be cast for election of the board of directors are present in person or by proxy at the beginning of the meeting. (b) Unless the bylaws specify a larger percentage, a quorum is deemed present throughout any meeting of the board of directors if persons entitled to cast fifty percent (50%) of the votes on that board are present at the beginning of the meeting. (c) Attendance at a meeting may be in person, by telephone, or by any other means specified in the bylaws. Attendance at a meeting of the association may also be by proxy. Acts 2008, ch. 766, § 1.
(a) Unless the bylaws provide otherwise, a quorum is present throughout any meeting of the association if persons entitled to cast twenty percent (20%) of the votes that may be cast for election of the board of directors are present in person or by proxy at the beginning of the meeting.
(b) Unless the bylaws specify a larger percentage, a quorum is deemed present throughout any meeting of the board of directors if persons entitled to cast fifty percent (50%) of the votes on that board are present at the beginning of the meeting.
(c) Attendance at a meeting may be in person, by telephone, or by any other means specified in the bylaws. Attendance at a meeting of the association may also be by proxy.
Acts 2008, ch. 766, § 1.
Tenn. Code Ann. § 66-26-102 — TN Code / Title 66 / Chapter 26 / Section 66-26-102
Notice to all the world
Status: in_force

All of the instruments registered pursuant to § 66-24-101 shall be notice to all the world from the time they are noted for registration, as prescribed in § 8-13-108 ; and shall take effect from such time. Code 1858, § 2073 (deriv. Acts 1831, ch. 90, §§ 6, 12; 1841-1842, ch. 12, § 2); Shan., §3750; Code 1932, § 7666; T.C.A. (orig. ed.), § 64-2602.
All of the instruments registered pursuant to § 66-24-101 shall be notice to all the world from the time they are noted for registration, as prescribed in § 8-13-108 ; and shall take effect from such time.
Code 1858, § 2073 (deriv. Acts 1831, ch. 90, §§ 6, 12; 1841-1842, ch. 12, § 2); Shan., §3750; Code 1932, § 7666; T.C.A. (orig. ed.), § 64-2602.
Tenn. Code Ann. § 66-29-148 — TN Code / Title 66 / Chapter 29 / Section 66-29-148
Deduction of administrative costs before deposit of funds
Status: in_force

Before making a deposit of funds received under this part to the general fund of the state, the treasurer may deduct administrative costs, including, but not limited to: (1) Expenses of custody and disposition of abandoned property; (2) Costs of mailing, publication, and any other outreach efforts in connection with abandoned property; (3) Reasonable service charges; and (4) Expenses incurred in examining records of a putative holder of property and collecting property from a putative holder determined by the treasurer to hold property required to be delivered to the treasurer under this part. Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Before making a deposit of funds received under this part to the general fund of the state, the treasurer may deduct administrative costs, including, but not limited to:
(1) Expenses of custody and disposition of abandoned property;
(2) Costs of mailing, publication, and any other outreach efforts in connection with abandoned property;
(3) Reasonable service charges; and
(4) Expenses incurred in examining records of a putative holder of property and collecting property from a putative holder determined by the treasurer to hold property required to be delivered to the treasurer under this part.
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Tenn. Code Ann. § 66-29-133 — TN Code / Title 66 / Chapter 29 / Section 66-29-133
Dormancy charge
Status: in_force

(a) A holder may deduct a dormancy charge from property required to be paid or delivered to the treasurer if: (1) A valid and enforceable contract between a holder and an apparent owner authorizes imposition of the charge for the apparent owner's failure to claim the property within a specified time; and (2) The holder regularly imposes the charge and does not regularly reverse or otherwise cancel the charge. (b) The amount of the deduction under subsection (a) is limited to an amount that is not unconscionable considering all relevant factors, including the marginal transactional costs incurred by the holder in maintaining the apparent owner's property and any services received by the apparent owner. Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017. Acts 1978, ch. 561, § 33; 1980, ch. 606, § 2; T.C.A., §§ 64-2932, 66-29-132.
(a) A holder may deduct a dormancy charge from property required to be paid or delivered to the treasurer if: (1) A valid and enforceable contract between a holder and an apparent owner authorizes imposition of the charge for the apparent owner's failure to claim the property within a specified time; and (2) The holder regularly imposes the charge and does not regularly reverse or otherwise cancel the charge.
(1) A valid and enforceable contract between a holder and an apparent owner authorizes imposition of the charge for the apparent owner's failure to claim the property within a specified time; and
(2) The holder regularly imposes the charge and does not regularly reverse or otherwise cancel the charge.
(b) The amount of the deduction under subsection (a) is limited to an amount that is not unconscionable considering all relevant factors, including the marginal transactional costs incurred by the holder in maintaining the apparent owner's property and any services received by the apparent owner.
Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Acts 1978, ch. 561, § 33; 1980, ch. 606, § 2; T.C.A., §§ 64-2932, 66-29-132.
Tenn. Code Ann. § 66-11-124 — TN Code / Title 66 / Chapter 11 / Section 66-11-124
Waiver of lien - Payment bonds
Status: in_force

(a) The acceptance by the lienor of a note or notes for all or any part of the amount of the lienor's claim shall not constitute a waiver of the lienor's lien, unless expressly so agreed in writing, nor shall it in any way affect the period for serving or recording the notice of lien under this chapter. (b) (1) Any contract provision that purports to waive any right of lien under this chapter is void and unenforceable as against the public policy of this state. (2) (A) If a prime contractor or remote contractor solicits any person to sign a contract requiring the person to waive a right of lien in violation of this section, then the person shall notify the state board for licensing contractors of that fact. Upon receiving the information, the executive director of the board shall notify the prime contractor or remote contractor within a reasonable time after receiving the information that the contract is against the public policy of this state and in violation of this section. If the prime contractor or remote contractor voluntarily deletes the waiver of lien provision from the contract and affirmatively states that the language will not be included in any future contracts to perform construction work in this state, then no further action shall be taken by the board against the prime contractor or remote contractor unless a later complaint is filed against the prime contractor or remote contractor for a violation of this section. (B) If the prime contractor or remote contractor does not delete the waiver of lien provision from the contract, then the executive director shall schedule a hearing for appropriate action by the board. If the board finds after a hearing that the contracts of the prime contractor or remote contractor are in violation of this section, then the board shall immediately revoke the prime contractor's or remote contractor's license. (C) The board shall send notice of the revocation to the prime contractor's or remote contractor's licensing authority in all states in which the prime contractor or remote contractor is licensed as a contractor. (D) In any action for damages based on the waiver of a right of lien filed by a person solicited by the prime contractor or remote contractor, the person has the right to recover from the prime contractor or remote contractor reasonable attorney's fees and costs in connection with the enforcement of the lien. (c) Notwithstanding any other provision of this chapter, no liens by remote contractors are allowed under this chapter if, prior to any work or labor being provided or materials, services, equipment, or machinery furnished in furtherance of the improvement, the owner, or the owner's agent, provides a payment bond, equal in amount to one hundred percent (100%) of the prime contractor's contract price, in favor of the remote contractors who provide work or labor or furnish materials, services, equipment, or machinery in furtherance of the improvement pursuant to a contract. The payment bond shall be executed with sufficient surety by one (1) or more sureties authorized to do business in this state. The bond shall be recorded in the office of the register of deeds of every county where the real property to be improved, or any affected part, lies. Amended by 2020 Tenn. Acts, ch. 749, s 1, eff. 7/1/2020. Code 1932, § 7939; T.C.A. (orig. ed.), § 64-1124; Acts 2005, ch. 197, § 1; 2007 , ch. 189, § 23; 2009 , ch. 483, § 1.
(a) The acceptance by the lienor of a note or notes for all or any part of the amount of the lienor's claim shall not constitute a waiver of the lienor's lien, unless expressly so agreed in writing, nor shall it in any way affect the period for serving or recording the notice of lien under this chapter.
(b) (1) Any contract provision that purports to waive any right of lien under this chapter is void and unenforceable as against the public policy of this state. (2) (A) If a prime contractor or remote contractor solicits any person to sign a contract requiring the person to waive a right of lien in violation of this section, then the person shall notify the state board for licensing contractors of that fact. Upon receiving the information, the executive director of the board shall notify the prime contractor or remote contractor within a reasonable time after receiving the information that the contract is against the public policy of this state and in violation of this section. If the prime contractor or remote contractor voluntarily deletes the waiver of lien provision from the contract and affirmatively states that the language will not be included in any future contracts to perform construction work in this state, then no further action shall be taken by the board against the prime contractor or remote contractor unless a later complaint is filed against the prime contractor or remote contractor for a violation of this section. (B) If the prime contractor or remote contractor does not delete the waiver of lien provision from the contract, then the executive director shall schedule a hearing for appropriate action by the board. If the board finds after a hearing that the contracts of the prime contractor or remote contractor are in violation of this section, then the board shall immediately revoke the prime contractor's or remote contractor's license. (C) The board shall send notice of the revocation to the prime contractor's or remote contractor's licensing authority in all states in which the prime contractor or remote contractor is licensed as a contractor. (D) In any action for damages based on the waiver of a right of lien filed by a person solicited by the prime contractor or remote contractor, the person has the right to recover from the prime contractor or remote contractor reasonable attorney's fees and costs in connection with the enforcement of the lien.
(1) Any contract provision that purports to waive any right of lien under this chapter is void and unenforceable as against the public policy of this state.
(2) (A) If a prime contractor or remote contractor solicits any person to sign a contract requiring the person to waive a right of lien in violation of this section, then the person shall notify the state board for licensing contractors of that fact. Upon receiving the information, the executive director of the board shall notify the prime contractor or remote contractor within a reasonable time after receiving the information that the contract is against the public policy of this state and in violation of this section. If the prime contractor or remote contractor voluntarily deletes the waiver of lien provision from the contract and affirmatively states that the language will not be included in any future contracts to perform construction work in this state, then no further action shall be taken by the board against the prime contractor or remote contractor unless a later complaint is filed against the prime contractor or remote contractor for a violation of this section. (B) If the prime contractor or remote contractor does not delete the waiver of lien provision from the contract, then the executive director shall schedule a hearing for appropriate action by the board. If the board finds after a hearing that the contracts of the prime contractor or remote contractor are in violation of this section, then the board shall immediately revoke the prime contractor's or remote contractor's license. (C) The board shall send notice of the revocation to the prime contractor's or remote contractor's licensing authority in all states in which the prime contractor or remote contractor is licensed as a contractor. (D) In any action for damages based on the waiver of a right of lien filed by a person solicited by the prime contractor or remote contractor, the person has the right to recover from the prime contractor or remote contractor reasonable attorney's fees and costs in connection with the enforcement of the lien.
(A) If a prime contractor or remote contractor solicits any person to sign a contract requiring the person to waive a right of lien in violation of this section, then the person shall notify the state board for licensing contractors of that fact. Upon receiving the information, the executive director of the board shall notify the prime contractor or remote contractor within a reasonable time after receiving the information that the contract is against the public policy of this state and in violation of this section. If the prime contractor or remote contractor voluntarily deletes the waiver of lien provision from the contract and affirmatively states that the language will not be included in any future contracts to perform construction work in this state, then no further action shall be taken by the board against the prime contractor or remote contractor unless a later complaint is filed against the prime contractor or remote contractor for a violation of this section.
(B) If the prime contractor or remote contractor does not delete the waiver of lien provision from the contract, then the executive director shall schedule a hearing for appropriate action by the board. If the board finds after a hearing that the contracts of the prime contractor or remote contractor are in violation of this section, then the board shall immediately revoke the prime contractor's or remote contractor's license.
(C) The board shall send notice of the revocation to the prime contractor's or remote contractor's licensing authority in all states in which the prime contractor or remote contractor is licensed as a contractor.
(D) In any action for damages based on the waiver of a right of lien filed by a person solicited by the prime contractor or remote contractor, the person has the right to recover from the prime contractor or remote contractor reasonable attorney's fees and costs in connection with the enforcement of the lien.
(c) Notwithstanding any other provision of this chapter, no liens by remote contractors are allowed under this chapter if, prior to any work or labor being provided or materials, services, equipment, or machinery furnished in furtherance of the improvement, the owner, or the owner's agent, provides a payment bond, equal in amount to one hundred percent (100%) of the prime contractor's contract price, in favor of the remote contractors who provide work or labor or furnish materials, services, equipment, or machinery in furtherance of the improvement pursuant to a contract. The payment bond shall be executed with sufficient surety by one (1) or more sureties authorized to do business in this state. The bond shall be recorded in the office of the register of deeds of every county where the real property to be improved, or any affected part, lies.
Amended by 2020 Tenn. Acts, ch. 749, s 1, eff. 7/1/2020.
Code 1932, § 7939; T.C.A. (orig. ed.), § 64-1124; Acts 2005, ch. 197, § 1; 2007 , ch. 189, § 23; 2009 , ch. 483, § 1.
Tenn. Code Ann. § 66-24-107 — TN Code / Title 66 / Chapter 24 / Section 66-24-107
Registration of certified copies from previous registration
Status: in_force

Where any deed of conveyance, or any power of attorney to convey, in which more than one (1) tract of land is conveyed or to be conveyed, lying in different counties, with the proper probates, has been registered in any county in which one (1), or more, of the tracts lies or where any such judgment or decree has been so recorded, it shall be lawful for any one interested therein, to have registered in the county or counties in which the other tract or tracts are situated, a copy of the deed of conveyance or power of attorney and certificate of probate, or judgment or decree, certified by the register of the county in which the deed of conveyance, power of attorney, judgment or decree may have been thus registered; and such registration shall be valid, and a copy thereof shall be received as evidence as if such registration had been of the original. Acts 1875, ch. 124, § 1; 1905, ch. 112, § 1; Shan., §§ 3711, 3711a1; mod. Code 1932, § 7629; T.C.A. (orig. ed.), § 64-2407.
Where any deed of conveyance, or any power of attorney to convey, in which more than one (1) tract of land is conveyed or to be conveyed, lying in different counties, with the proper probates, has been registered in any county in which one (1), or more, of the tracts lies or where any such judgment or decree has been so recorded, it shall be lawful for any one interested therein, to have registered in the county or counties in which the other tract or tracts are situated, a copy of the deed of conveyance or power of attorney and certificate of probate, or judgment or decree, certified by the register of the county in which the deed of conveyance, power of attorney, judgment or decree may have been thus registered; and such registration shall be valid, and a copy thereof shall be received as evidence as if such registration had been of the original.
Acts 1875, ch. 124, § 1; 1905, ch. 112, § 1; Shan., §§ 3711, 3711a1; mod. Code 1932, § 7629; T.C.A. (orig. ed.), § 64-2407.
Tenn. Code Ann. § 66-28-509 — TN Code / Title 66 / Chapter 28 / Section 66-28-509
Landlord liens
Status: in_force

A contracted lien or security interest on behalf of the landlord in the tenant's household goods shall not be enforceable unless perfected by a Uniform Commercial Code filing with the secretary of state. All other liens are hereby expressly prohibited under this chapter. The landlord shall be responsible for releasing the lien at expiration or termination of the lease. Acts 1975, ch. 245, § 4.205; T.C.A., § 64-2849.
A contracted lien or security interest on behalf of the landlord in the tenant's household goods shall not be enforceable unless perfected by a Uniform Commercial Code filing with the secretary of state. All other liens are hereby expressly prohibited under this chapter. The landlord shall be responsible for releasing the lien at expiration or termination of the lease.
Acts 1975, ch. 245, § 4.205; T.C.A., § 64-2849.
Tenn. Code Ann. § 66-12-101 — TN Code / Title 66 / Chapter 12 / Section 66-12-101
Landlord's lien for rent
Status: in_force

A landlord and one controlling land by lease or otherwise shall have a lien on all crops grown on the land during the year for the payment of the rent for the year, whether the contract of rental be verbal or in writing, and this lien shall inure to the benefit of the assignee of the lienor. Acts 1923, ch. 71, § 1; Shan. Supp., § 5299a1; mod. Code 1932, §8017; T.C.A. (orig. ed.), § 64-1201.
A landlord and one controlling land by lease or otherwise shall have a lien on all crops grown on the land during the year for the payment of the rent for the year, whether the contract of rental be verbal or in writing, and this lien shall inure to the benefit of the assignee of the lienor.
Acts 1923, ch. 71, § 1; Shan. Supp., § 5299a1; mod. Code 1932, §8017; T.C.A. (orig. ed.), § 64-1201.
Tenn. Code Ann. § 66-31-102 — TN Code / Title 66 / Chapter 31 / Section 66-31-102
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Default" means the failure timely to perform any obligation or duty set forth in this chapter and the rental agreement; (2) "Division" means the wildlife resources agency in the case of motorized watercraft and the department of revenue, taxpayer and vehicle services division in the case of all other vehicles; (3) "Last known address" means for notification purposes the street address, post office box, or electronic mail address provided by the occupant in the latest rental agreement or in a subsequent written notice of a change of address provided by the occupant; (4) "Leased space" means the storage space or spaces at the self-service storage facility that are leased or rented to an occupant pursuant to a rental agreement; (5) "Occupant" means a person, or a sublessee, successor, or assign of such person, entitled to the use of leased space at a self-service storage facility under a rental agreement, to the exclusion of others; (6) "Owner" means the owner, operator, lessor, or sublessor of a self-service storage facility, the agent of such person, or any person authorized by such person to manage the facility or to receive rent from an occupant under a rental agreement. "Owner" shall not be construed to be a warehouse as defined in § 47-7-102 ; provided, that if an owner shall issue any warehouse receipt, bill of lading or other document of title for the personal property stored, the owner and occupant shall be subject to title 47, chapter 7, and this chapter shall not apply; (7) "Personal property" means movable property not affixed to land and includes, but is not limited to, goods, wares, merchandise, household items, and vehicles; (8) "Rental agreement" means any agreement or lease, written or oral, that establishes or modifies the terms, conditions, rules, or any other provisions concerning the use and occupancy of leased space at a self-service storage facility; (9) "Self-service storage facility" means any real property designed and used for the purpose of renting or leasing storage space to occupants who are to have access to such space for the purpose of storing and removing personal property; provided, however, that "self-service storage facility" does not include any part of the real property used for residential purposes; (10) "Vehicle" means a motor vehicle, a trailer, or a semitrailer as defined in §§ 55-1-103 and 55-1-105 and a vessel as defined in § 69-9-204 ; and (11) "Verified mail" means any method of mailing that is offered by the United States postal service and that provides evidence of mailing. Acts 1980, ch. 717, § 2; T.C.A., §64-3102; Acts 2011 , ch. 131, §§ 1-6.
As used in this chapter, unless the context otherwise requires:
(1) "Default" means the failure timely to perform any obligation or duty set forth in this chapter and the rental agreement;
(2) "Division" means the wildlife resources agency in the case of motorized watercraft and the department of revenue, taxpayer and vehicle services division in the case of all other vehicles;
(3) "Last known address" means for notification purposes the street address, post office box, or electronic mail address provided by the occupant in the latest rental agreement or in a subsequent written notice of a change of address provided by the occupant;
(4) "Leased space" means the storage space or spaces at the self-service storage facility that are leased or rented to an occupant pursuant to a rental agreement;
(5) "Occupant" means a person, or a sublessee, successor, or assign of such person, entitled to the use of leased space at a self-service storage facility under a rental agreement, to the exclusion of others;
(6) "Owner" means the owner, operator, lessor, or sublessor of a self-service storage facility, the agent of such person, or any person authorized by such person to manage the facility or to receive rent from an occupant under a rental agreement. "Owner" shall not be construed to be a warehouse as defined in § 47-7-102 ; provided, that if an owner shall issue any warehouse receipt, bill of lading or other document of title for the personal property stored, the owner and occupant shall be subject to title 47, chapter 7, and this chapter shall not apply;
(7) "Personal property" means movable property not affixed to land and includes, but is not limited to, goods, wares, merchandise, household items, and vehicles;
(8) "Rental agreement" means any agreement or lease, written or oral, that establishes or modifies the terms, conditions, rules, or any other provisions concerning the use and occupancy of leased space at a self-service storage facility;
(9) "Self-service storage facility" means any real property designed and used for the purpose of renting or leasing storage space to occupants who are to have access to such space for the purpose of storing and removing personal property; provided, however, that "self-service storage facility" does not include any part of the real property used for residential purposes;
(10) "Vehicle" means a motor vehicle, a trailer, or a semitrailer as defined in §§ 55-1-103 and 55-1-105 and a vessel as defined in § 69-9-204 ; and
(11) "Verified mail" means any method of mailing that is offered by the United States postal service and that provides evidence of mailing.
Acts 1980, ch. 717, § 2; T.C.A., §64-3102; Acts 2011 , ch. 131, §§ 1-6.
Tenn. Code Ann. § 66-34-701 — TN Code / Title 66 / Chapter 34 / Section 66-34-701
Prohibited waiver - Applicability of provisions
Status: in_force

As a matter of public policy, except as specifically noted, compliance with §§ 66-11-104 , 66-34-205 , 66-34-304 , 66-34-602 , and 66-34-603 may not be waived by contract and these sections are applicable to all private contracts and all construction contracts with this state, any department, board, or agency thereof, including the University of Tennessee, all counties and municipalities and all departments, boards, or agencies thereof, including all school and education boards, and any other subdivision of the state. Amended by 2020 Tenn. Acts, ch. 749, s 32, eff. 7/1/2020. Acts 1991, ch. 45, § 1.
As a matter of public policy, except as specifically noted, compliance with §§ 66-11-104 , 66-34-205 , 66-34-304 , 66-34-602 , and 66-34-603 may not be waived by contract and these sections are applicable to all private contracts and all construction contracts with this state, any department, board, or agency thereof, including the University of Tennessee, all counties and municipalities and all departments, boards, or agencies thereof, including all school and education boards, and any other subdivision of the state.
Amended by 2020 Tenn. Acts, ch. 749, s 32, eff. 7/1/2020.
Acts 1991, ch. 45, § 1.
Tenn. Code Ann. § 66-18-103 — TN Code / Title 66 / Chapter 18 / Section 66-18-103
Conflicts with federal law
Status: in_force

A sale shall not be made under this chapter if it would be in violation of any right of a customer under federal patent or copyright law. Acts 1999, ch. 106, § 4.
A sale shall not be made under this chapter if it would be in violation of any right of a customer under federal patent or copyright law.
Acts 1999, ch. 106, § 4.
Tenn. Code Ann. § 66-27-701 — TN Code / Title 66 / Chapter 27 / Section 66-27-701
Part definitions
Status: in_force

As used in this part: (1) "Business entity" means a corporation, association, partnership, limited liability company, limited liability partnership, or other legal entity, whether organized for-profit or not-for-profit; (2) "Declaration" means an instrument, however denominated, that creates a homeowners' association, and amendments to that instrument, including restrictive covenants, bylaws, and similar instruments governing the administration or operation of a homeowners' association; (3) "Effectively prohibit" means to act or fail to act in a manner that prevents an owner of a residential property that is subject to a declaration, and who is in reasonable compliance with rules and regulations, from using the residential property as a long-term rental property; (4) "Family" means the members of a household living, on a full-time or a part-time basis, in one (1) dwelling; (5) "Homeowners' association" means an incorporated or unincorporated association owned by, or whose members consist primarily of, the owners of the residential property covered by the declaration and through which the owners, or the board of directors or similar governing body, manage or regulate the residential subdivision; (6) "Long-term rental property" means a single family residential real property that is leased by the owner to a lessee for a period of one hundred eighty (180), or more, consecutive days; (7) "Nonessential amenity": (A) Means an amenity that is not essential to the daily regular operation of the community, including a pool, tennis court, or club house; and (B) Does not include: (i) A road, utility, or other amenity that is necessary to the daily regular operation of a community; or (ii) An amenity described in the declaration but not yet built; (8) "Prohibit" means to forbid or ban, either permanently or temporarily, an owner of a residential property that is subject to a declaration from using the residential property as a long-term rental property; (9) "Related" means children, parents, grandparents; any degree of great-grandparents, aunts, or uncles; any degree of great-aunts, great-uncles, or stepparent; cousins of the first degree; first cousins once removed; siblings of the whole or half degree; or a spouse of the above listed relatives; (10) "Rules and regulations" means written policies, resolutions, guidelines, restrictions, and procedures of a homeowners' association, however denominated, which are not set forth in the declaration and which govern the conduct of persons or the use or appearance of property; (11) "Single family residential real property": (A) Means a separate free-standing building intended for use as a dwelling by a single family or individual and that does not have a common or shared roofline with another building intended for use as the dwelling of another; and (B) Does not include a condominium or unit as those terms are defined by § 66-27-203 ; and (12) "Transfer" means the sale, gift, grant, conveyance, assignment, or other transfer of an interest in real property located in this state. However, "transfer" does not mean: (A) If the owner is an individual, the sale, gift, grant, conveyance, assignment, or other transfer of an interest in real property to: (i) An individual who is related to the owner; (ii) An heir; or (iii) A business entity in which the owner holds an ownership interest; or (B) If the owner is a business entity, the sale, gift, grant, conveyance, assignment, or other transfer of an interest in real property to another business entity, as long as: (i) The transferee business entity is wholly owned and completely controlled by the owner or a business entity that wholly owns and completely controls the owner; and (ii) It is the first sale, gift, grant, conveyance, assignment, or other transfer of an interest in the real property since the owner acquired the interest in the real property. Amended by 2024 Tenn. Acts, ch. 691,s 1, eff. 7/1/2024. Added by 2021 Tenn. Acts, ch. 151, s 1, eff. 5/1/2021.
As used in this part:
(1) "Business entity" means a corporation, association, partnership, limited liability company, limited liability partnership, or other legal entity, whether organized for-profit or not-for-profit;
(2) "Declaration" means an instrument, however denominated, that creates a homeowners' association, and amendments to that instrument, including restrictive covenants, bylaws, and similar instruments governing the administration or operation of a homeowners' association;
(3) "Effectively prohibit" means to act or fail to act in a manner that prevents an owner of a residential property that is subject to a declaration, and who is in reasonable compliance with rules and regulations, from using the residential property as a long-term rental property;
(4) "Family" means the members of a household living, on a full-time or a part-time basis, in one (1) dwelling;
(5) "Homeowners' association" means an incorporated or unincorporated association owned by, or whose members consist primarily of, the owners of the residential property covered by the declaration and through which the owners, or the board of directors or similar governing body, manage or regulate the residential subdivision;
(6) "Long-term rental property" means a single family residential real property that is leased by the owner to a lessee for a period of one hundred eighty (180), or more, consecutive days;
(7) "Nonessential amenity": (A) Means an amenity that is not essential to the daily regular operation of the community, including a pool, tennis court, or club house; and (B) Does not include: (i) A road, utility, or other amenity that is necessary to the daily regular operation of a community; or (ii) An amenity described in the declaration but not yet built;
(A) Means an amenity that is not essential to the daily regular operation of the community, including a pool, tennis court, or club house; and
(B) Does not include: (i) A road, utility, or other amenity that is necessary to the daily regular operation of a community; or (ii) An amenity described in the declaration but not yet built;
(i) A road, utility, or other amenity that is necessary to the daily regular operation of a community; or
(ii) An amenity described in the declaration but not yet built;
(8) "Prohibit" means to forbid or ban, either permanently or temporarily, an owner of a residential property that is subject to a declaration from using the residential property as a long-term rental property;
(9) "Related" means children, parents, grandparents; any degree of great-grandparents, aunts, or uncles; any degree of great-aunts, great-uncles, or stepparent; cousins of the first degree; first cousins once removed; siblings of the whole or half degree; or a spouse of the above listed relatives;
(10) "Rules and regulations" means written policies, resolutions, guidelines, restrictions, and procedures of a homeowners' association, however denominated, which are not set forth in the declaration and which govern the conduct of persons or the use or appearance of property;
(11) "Single family residential real property": (A) Means a separate free-standing building intended for use as a dwelling by a single family or individual and that does not have a common or shared roofline with another building intended for use as the dwelling of another; and (B) Does not include a condominium or unit as those terms are defined by § 66-27-203 ; and
(A) Means a separate free-standing building intended for use as a dwelling by a single family or individual and that does not have a common or shared roofline with another building intended for use as the dwelling of another; and
(B) Does not include a condominium or unit as those terms are defined by § 66-27-203 ; and
(12) "Transfer" means the sale, gift, grant, conveyance, assignment, or other transfer of an interest in real property located in this state. However, "transfer" does not mean: (A) If the owner is an individual, the sale, gift, grant, conveyance, assignment, or other transfer of an interest in real property to: (i) An individual who is related to the owner; (ii) An heir; or (iii) A business entity in which the owner holds an ownership interest; or (B) If the owner is a business entity, the sale, gift, grant, conveyance, assignment, or other transfer of an interest in real property to another business entity, as long as: (i) The transferee business entity is wholly owned and completely controlled by the owner or a business entity that wholly owns and completely controls the owner; and (ii) It is the first sale, gift, grant, conveyance, assignment, or other transfer of an interest in the real property since the owner acquired the interest in the real property.
(A) If the owner is an individual, the sale, gift, grant, conveyance, assignment, or other transfer of an interest in real property to: (i) An individual who is related to the owner; (ii) An heir; or (iii) A business entity in which the owner holds an ownership interest; or
(i) An individual who is related to the owner;
(ii) An heir; or
(iii) A business entity in which the owner holds an ownership interest; or
(B) If the owner is a business entity, the sale, gift, grant, conveyance, assignment, or other transfer of an interest in real property to another business entity, as long as: (i) The transferee business entity is wholly owned and completely controlled by the owner or a business entity that wholly owns and completely controls the owner; and (ii) It is the first sale, gift, grant, conveyance, assignment, or other transfer of an interest in the real property since the owner acquired the interest in the real property.
(i) The transferee business entity is wholly owned and completely controlled by the owner or a business entity that wholly owns and completely controls the owner; and
(ii) It is the first sale, gift, grant, conveyance, assignment, or other transfer of an interest in the real property since the owner acquired the interest in the real property.
Amended by 2024 Tenn. Acts, ch. 691,s 1, eff. 7/1/2024.
Added by 2021 Tenn. Acts, ch. 151, s 1, eff. 5/1/2021.
Tenn. Code Ann. § 66-22-107 — TN Code / Title 66 / Chapter 22 / Section 66-22-107
Form of certificate of acknowledgment
Status: in_force

(a) If the acknowledgment is made before a county clerk or deputy, or clerk and master, or notary public, or before any of the officers out of the state who are commissioned or accredited to act at the place where the acknowledgment is taken, and having an official seal, viz: those named in §§ 66-22-103 and 66-22-104 , and, also, any consular officer of the United States having an official seal, such officer shall write upon or annex to the instrument the following certificate, in which the officer shall set forth such officer's official capacity: State of Tennessee ) County of ______________ ) Personally appeared before me, (name of clerk or deputy), clerk (or deputy clerk) of this county, (bargainor's name), the within named bargainor, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who acknowledged that such person executed the within instrument for the purposes therein contained. Witness my hand, at office, this ____________________ day of ____________________, 20____________________. (b) Or, in the alternative, the following certificate, in case of natural persons acting in their own right: State of Tennessee ) County of ______________ ) On this ____________________ day of ____________________, 20____________________, before me personally appeared ______________, to me known to be the person (or persons) described in and who executed the foregoing instrument, and acknowledged that such person (or persons) executed the same as such person's (or persons') free act and deed. (c) Or, in case of natural persons acting by attorney: State of Tennessee ) County of ______________ ) On this ____________________ day of ____________________, 20____________________, before me personally appeared ______________, to me known (or proved to me on the basis of satisfactory evidence) to be the person who executed the foregoing instrument in behalf of ____________________ acknowledged that such person executed the same as the free act and deed of ____________________. Code 1858, § 2042 (deriv. Acts 1831, ch. 90, § 3); Shan., §3717; Acts 1919, ch. 48, § 1; Shan. Supp. § 3747a2; mod. Code 1932, § 7634; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 64-2207; Acts 1983, ch. 158, §§ 2, 3.
(a) If the acknowledgment is made before a county clerk or deputy, or clerk and master, or notary public, or before any of the officers out of the state who are commissioned or accredited to act at the place where the acknowledgment is taken, and having an official seal, viz: those named in §§ 66-22-103 and 66-22-104 , and, also, any consular officer of the United States having an official seal, such officer shall write upon or annex to the instrument the following certificate, in which the officer shall set forth such officer's official capacity: State of Tennessee ) County of ______________ ) Personally appeared before me, (name of clerk or deputy), clerk (or deputy clerk) of this county, (bargainor's name), the within named bargainor, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who acknowledged that such person executed the within instrument for the purposes therein contained. Witness my hand, at office, this ____________________ day of ____________________, 20____________________.
State of Tennessee )
County of ______________ )
Personally appeared before me, (name of clerk or deputy), clerk (or deputy clerk) of this county, (bargainor's name), the within named bargainor, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who acknowledged that such person executed the within instrument for the purposes therein contained.
Witness my hand, at office, this ____________________ day of ____________________, 20____________________.
(b) Or, in the alternative, the following certificate, in case of natural persons acting in their own right: State of Tennessee ) County of ______________ ) On this ____________________ day of ____________________, 20____________________, before me personally appeared ______________, to me known to be the person (or persons) described in and who executed the foregoing instrument, and acknowledged that such person (or persons) executed the same as such person's (or persons') free act and deed.
State of Tennessee )
County of ______________ )
On this ____________________ day of ____________________, 20____________________, before me personally appeared ______________, to me known to be the person (or persons) described in and who executed the foregoing instrument, and acknowledged that such person (or persons) executed the same as such person's (or persons') free act and deed.
(c) Or, in case of natural persons acting by attorney: State of Tennessee ) County of ______________ ) On this ____________________ day of ____________________, 20____________________, before me personally appeared ______________, to me known (or proved to me on the basis of satisfactory evidence) to be the person who executed the foregoing instrument in behalf of ____________________ acknowledged that such person executed the same as the free act and deed of ____________________.
State of Tennessee )
County of ______________ )
On this ____________________ day of ____________________, 20____________________, before me personally appeared ______________, to me known (or proved to me on the basis of satisfactory evidence) to be the person who executed the foregoing instrument in behalf of ____________________ acknowledged that such person executed the same as the free act and deed of ____________________.
Code 1858, § 2042 (deriv. Acts 1831, ch. 90, § 3); Shan., §3717; Acts 1919, ch. 48, § 1; Shan. Supp. § 3747a2; mod. Code 1932, § 7634; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 64-2207; Acts 1983, ch. 158, §§ 2, 3.
Tenn. Code Ann. § 66-32-118 — TN Code / Title 66 / Chapter 32 / Section 66-32-118
Violations - Attorney's fees - Criminal penalties
Status: in_force

(a) If a developer or any other person subject to this part violates any provision thereof or any provision of the project instruments, any person or class of persons adversely affected by the violation has a claim for appropriate relief. Punitive damages may be awarded for a willful violation of this part. The court may also award reasonable attorney's fees. (b) Except as provided in subsection (c), any developer or any other person subject to this part who offers or disposes of a time-share interval without having complied with this part or who violates any provision of this part commits a Class C misdemeanor. (c) Any developer or any other person subject to this part who knowingly, willfully and intentionally offers, disposes of, or jeopardizes the interest of the purchaser of a time-share interval in violation of § 66-32-113 , § 66-32-122(a) or § 66-32-128 commits a felony punishable by a fine not exceeding five thousand dollars ($5,000) or by imprisonment for not less than one (1) year nor more than three (3) years, or by both such fine and imprisonment. (d) Nothing in this part limits the power of the state to punish any person for any conduct or omission which constitutes a violation under any other provision of this code. Acts 1981, ch. 372, § 19; T.C.A., § 64-3219; Acts 1986, ch. 601, § 1; 1987, ch. 194, § 1; 1989, ch. 591, § 113.
(a) If a developer or any other person subject to this part violates any provision thereof or any provision of the project instruments, any person or class of persons adversely affected by the violation has a claim for appropriate relief. Punitive damages may be awarded for a willful violation of this part. The court may also award reasonable attorney's fees.
(b) Except as provided in subsection (c), any developer or any other person subject to this part who offers or disposes of a time-share interval without having complied with this part or who violates any provision of this part commits a Class C misdemeanor.
(c) Any developer or any other person subject to this part who knowingly, willfully and intentionally offers, disposes of, or jeopardizes the interest of the purchaser of a time-share interval in violation of § 66-32-113 , § 66-32-122(a) or § 66-32-128 commits a felony punishable by a fine not exceeding five thousand dollars ($5,000) or by imprisonment for not less than one (1) year nor more than three (3) years, or by both such fine and imprisonment.
(d) Nothing in this part limits the power of the state to punish any person for any conduct or omission which constitutes a violation under any other provision of this code.
Acts 1981, ch. 372, § 19; T.C.A., § 64-3219; Acts 1986, ch. 601, § 1; 1987, ch. 194, § 1; 1989, ch. 591, § 113.
Tenn. Code Ann. § 66-27-410 — TN Code / Title 66 / Chapter 27 / Section 66-27-410
Voting - Proxies
Status: in_force

(a) If only one (1) of the multiple owners of a unit is present at a meeting of the association, that owner is entitled to cast all the votes allocated to that unit. If more than one (1) of the multiple owners are present, the votes allocated to that unit may be cast only in accordance with the agreement of a majority in interest of the multiple owners, unless the declaration expressly provides otherwise. There is majority agreement if any one (1) of the multiple owners casts the votes allocated to that unit without protest being made promptly to the person presiding over the meeting by any of the other owners of the unit. (b) Votes allocated to a unit may be cast pursuant to proxy duly executed by a unit owner. If a unit is owned by more than one (1) person, each owner of the unit may vote or register protest to the casting of votes by the other owners of the unit through a duly executed proxy. A unit owner may not revoke a proxy given pursuant to this section, except by actual notice of revocation to the person presiding over a meeting of the association. A proxy is void if it is not dated or purports to be revocable without notice. The duration of a proxy is governed by the Tennessee Nonprofit Corporation Act, compiled in title 48, chapters 51-68, including, without limitation, § 48-57-205 . (c) If the declaration requires that votes on specified matters affecting the condominium be cast by lessees rather than unit owners of leased units: (1) Subsections (a) and (b) apply to lessees as if they were unit owners; (2) Unit owners who have leased their units to other persons may not cast votes on those specified matters; and (3) Lessees are entitled to notice of meetings, access to records, and other rights respecting those matters as if they were unit owners. Unit owners must also be given notice, in the manner provided in § 66-27-408 , of all meetings at which lessees may be entitled to vote. (d) No votes allocated to a unit owned by the association may be cast. Acts 2008, ch. 766, § 1.
(a) If only one (1) of the multiple owners of a unit is present at a meeting of the association, that owner is entitled to cast all the votes allocated to that unit. If more than one (1) of the multiple owners are present, the votes allocated to that unit may be cast only in accordance with the agreement of a majority in interest of the multiple owners, unless the declaration expressly provides otherwise. There is majority agreement if any one (1) of the multiple owners casts the votes allocated to that unit without protest being made promptly to the person presiding over the meeting by any of the other owners of the unit.
(b) Votes allocated to a unit may be cast pursuant to proxy duly executed by a unit owner. If a unit is owned by more than one (1) person, each owner of the unit may vote or register protest to the casting of votes by the other owners of the unit through a duly executed proxy. A unit owner may not revoke a proxy given pursuant to this section, except by actual notice of revocation to the person presiding over a meeting of the association. A proxy is void if it is not dated or purports to be revocable without notice. The duration of a proxy is governed by the Tennessee Nonprofit Corporation Act, compiled in title 48, chapters 51-68, including, without limitation, § 48-57-205 .
(c) If the declaration requires that votes on specified matters affecting the condominium be cast by lessees rather than unit owners of leased units: (1) Subsections (a) and (b) apply to lessees as if they were unit owners; (2) Unit owners who have leased their units to other persons may not cast votes on those specified matters; and (3) Lessees are entitled to notice of meetings, access to records, and other rights respecting those matters as if they were unit owners. Unit owners must also be given notice, in the manner provided in § 66-27-408 , of all meetings at which lessees may be entitled to vote.
(1) Subsections (a) and (b) apply to lessees as if they were unit owners;
(2) Unit owners who have leased their units to other persons may not cast votes on those specified matters; and
(3) Lessees are entitled to notice of meetings, access to records, and other rights respecting those matters as if they were unit owners. Unit owners must also be given notice, in the manner provided in § 66-27-408 , of all meetings at which lessees may be entitled to vote.
(d) No votes allocated to a unit owned by the association may be cast.
Acts 2008, ch. 766, § 1.
Tenn. Code Ann. § 66-27-307 — TN Code / Title 66 / Chapter 27 / Section 66-27-307
Allocation of common element interests, votes, and common expense liabilities
Status: in_force

(a) The declaration shall allocate a fraction or percentage of undivided interests in the common elements and in the common expenses of the association, and a portion of the votes in the association, to each unit and state the formulas or methods used to establish those allocations. Those allocations may not discriminate in favor of units owned by the declarant. (b) If units may be added to or withdrawn from the condominium, the declaration must state the formulas or methods to be used to reallocate the allocated interests among all units included in the condominium after the addition or withdrawal. (c) (1) The declaration may provide: (A) That different allocations of votes shall be made to the units on particular matters specified in the declaration; (B) For cumulative voting only for the purpose of electing members of the board of directors; and (C) For class voting on specified issues affecting the class if necessary to protect valid interests of the class. (2) A declarant may not utilize cumulative or class voting for the purpose of evading any limitation imposed on declarants by part 2, this part and parts 4 and 5 of this chapter, nor may units constitute a class because they are owned by a declarant. (d) Except for minor variations due to rounding, the sum of the undivided interests in the common elements and common expense liabilities allocated at any time to all the units must each equal one (1) if stated as fractions or one hundred percent (100%) if stated as percentages. In the event of discrepancy between an allocated interest and the result derived from application of the pertinent formula or method, the allocated interest prevails. (e) The common elements are not subject to partition, and any purported conveyance, encumbrance, judicial sale, or other voluntary or involuntary transfer of an undivided interest in the common elements made without the unit to which that interest is allocated, is void. (f) Any common elements that may be licensed by the declarant pursuant to § 66-27-203(12)(D) shall be described in the declaration. The declaration shall also provide a method of equitably allocating the common expenses attributable to the common elements to the declarant, and assessing the expenses to the declarant or the holder of such rights. The association shall have a lien on the rights to secure payment of the expenses in accordance with § 66-27-415 . Acts 2008, ch. 766, § 1.
(a) The declaration shall allocate a fraction or percentage of undivided interests in the common elements and in the common expenses of the association, and a portion of the votes in the association, to each unit and state the formulas or methods used to establish those allocations. Those allocations may not discriminate in favor of units owned by the declarant.
(b) If units may be added to or withdrawn from the condominium, the declaration must state the formulas or methods to be used to reallocate the allocated interests among all units included in the condominium after the addition or withdrawal.
(c) (1) The declaration may provide: (A) That different allocations of votes shall be made to the units on particular matters specified in the declaration; (B) For cumulative voting only for the purpose of electing members of the board of directors; and (C) For class voting on specified issues affecting the class if necessary to protect valid interests of the class. (2) A declarant may not utilize cumulative or class voting for the purpose of evading any limitation imposed on declarants by part 2, this part and parts 4 and 5 of this chapter, nor may units constitute a class because they are owned by a declarant.
(1) The declaration may provide: (A) That different allocations of votes shall be made to the units on particular matters specified in the declaration; (B) For cumulative voting only for the purpose of electing members of the board of directors; and (C) For class voting on specified issues affecting the class if necessary to protect valid interests of the class.
(A) That different allocations of votes shall be made to the units on particular matters specified in the declaration;
(B) For cumulative voting only for the purpose of electing members of the board of directors; and
(C) For class voting on specified issues affecting the class if necessary to protect valid interests of the class.
(2) A declarant may not utilize cumulative or class voting for the purpose of evading any limitation imposed on declarants by part 2, this part and parts 4 and 5 of this chapter, nor may units constitute a class because they are owned by a declarant.
(d) Except for minor variations due to rounding, the sum of the undivided interests in the common elements and common expense liabilities allocated at any time to all the units must each equal one (1) if stated as fractions or one hundred percent (100%) if stated as percentages. In the event of discrepancy between an allocated interest and the result derived from application of the pertinent formula or method, the allocated interest prevails.
(e) The common elements are not subject to partition, and any purported conveyance, encumbrance, judicial sale, or other voluntary or involuntary transfer of an undivided interest in the common elements made without the unit to which that interest is allocated, is void.
(f) Any common elements that may be licensed by the declarant pursuant to § 66-27-203(12)(D) shall be described in the declaration. The declaration shall also provide a method of equitably allocating the common expenses attributable to the common elements to the declarant, and assessing the expenses to the declarant or the holder of such rights. The association shall have a lien on the rights to secure payment of the expenses in accordance with § 66-27-415 .
Acts 2008, ch. 766, § 1.
Tenn. Code Ann. § 66-1-110 — TN Code / Title 66 / Chapter 1 / Section 66-1-110
Conveyance to spouse of interest in entirety
Status: in_force

Where property is held by husband and wife as tenants by the entirety, either spouse may by direct conveyance of such spouse's interest in the property vest the other spouse with title to the property in fee simple. Acts 1955, ch. 78, § 1; T.C.A., § 64-110.
Where property is held by husband and wife as tenants by the entirety, either spouse may by direct conveyance of such spouse's interest in the property vest the other spouse with title to the property in fee simple.
Acts 1955, ch. 78, § 1; T.C.A., § 64-110.
Tenn. Code Ann. § 66-27-114 — TN Code / Title 66 / Chapter 27 / Section 66-27-114
Expenses prorated - No exemptions
Status: in_force

(a) The co-owners of the apartments are bound to contribute pro rata toward the expenses of administration and of maintenance and repair of the general common elements, and, in the proper case, of the limited common elements, of the building, and toward any other expense lawfully agreed upon. (b) No co-owner may be exempted from contributing toward the expenses in subsection (a) by waiver of the use or enjoyment of the common elements or by abandonment of the apartment belonging to that co-owner or by any other means. Acts 1963, ch. 124, § 14; T.C.A., § 64-2714.
(a) The co-owners of the apartments are bound to contribute pro rata toward the expenses of administration and of maintenance and repair of the general common elements, and, in the proper case, of the limited common elements, of the building, and toward any other expense lawfully agreed upon.
(b) No co-owner may be exempted from contributing toward the expenses in subsection (a) by waiver of the use or enjoyment of the common elements or by abandonment of the apartment belonging to that co-owner or by any other means.
Acts 1963, ch. 124, § 14; T.C.A., § 64-2714.
Tenn. Code Ann. § 66-36-101 — TN Code / Title 66 / Chapter 36 / Section 66-36-101
Chapter definitions
Status: in_force

As used in this chapter: (1) "Action" means any civil action or binding dispute resolution proceeding for damages or indemnity asserting a claim for damage to or loss of commercial property caused by an alleged construction defect, but does not include any civil action or arbitration proceeding asserting a claim for alleged personal injuries arising out of an alleged construction defect; (2) "Claimant" means an owner, including a subsequent purchaser, tenant, or association, who asserts a claim against a prime contractor, remote contractor, or design professional concerning a construction defect; (3) "Commercial property" means all property that is not residential property; (4) "Construction defect" means a deficiency in, or a deficiency arising out of, the design, specifications, surveying, planning, supervision, observation of construction, or construction or remodeling of an improvement resulting from: (A) Defective material, products, or components used in the construction or remodeling; (B) A violation of the applicable codes in effect at the time of construction or remodeling; (C) A failure of the design of an improvement to meet the applicable professional standards of care at the time of governmental approval, construction, or remodeling; or (D) A failure to construct or remodel an improvement in accordance with accepted trade standards for good and workmanlike construction at the time of construction or remodeling; (5) "Design professional" means a person licensed in this state as an architect, interior designer, landscape architect, engineer, or surveyor, regardless of whether the person is a prime contractor or remote contractor; (6) "Improvement" has the same meaning as defined in § 66-11-101 ; (7) "Notice of claim" means a written notice sent by a claimant to the last known address of a prime contractor, remote contractor, or design professional against whom the claimant asserts a construction defect that describes the claim in reasonable detail sufficient to determine the general nature of the defect, including a general description of the type and location of the construction that the claimant alleges to be defective and any damages claimed to have been caused by the defect; (8) "Prime contractor" has the same meaning as defined in § 66-11-101 ; (9) "Remote contractor" has the same meaning as defined in § 66-11-101 ; (10) "Residential property" means property upon which a dwelling or improvement is constructed or to be constructed consisting of one (1) dwelling unit intended as a residence of a person or family; and (11) "Service" means personal service or delivery by certified mail to the last known address of the addressee, or as otherwise allowed by contract. Amended by 2020 Tenn. Acts, ch. 749, s 35, eff. 7/1/2020. Acts 2004, ch. 741, § 2.
As used in this chapter:
(1) "Action" means any civil action or binding dispute resolution proceeding for damages or indemnity asserting a claim for damage to or loss of commercial property caused by an alleged construction defect, but does not include any civil action or arbitration proceeding asserting a claim for alleged personal injuries arising out of an alleged construction defect;
(2) "Claimant" means an owner, including a subsequent purchaser, tenant, or association, who asserts a claim against a prime contractor, remote contractor, or design professional concerning a construction defect;
(3) "Commercial property" means all property that is not residential property;
(4) "Construction defect" means a deficiency in, or a deficiency arising out of, the design, specifications, surveying, planning, supervision, observation of construction, or construction or remodeling of an improvement resulting from: (A) Defective material, products, or components used in the construction or remodeling; (B) A violation of the applicable codes in effect at the time of construction or remodeling; (C) A failure of the design of an improvement to meet the applicable professional standards of care at the time of governmental approval, construction, or remodeling; or (D) A failure to construct or remodel an improvement in accordance with accepted trade standards for good and workmanlike construction at the time of construction or remodeling;
(A) Defective material, products, or components used in the construction or remodeling;
(B) A violation of the applicable codes in effect at the time of construction or remodeling;
(C) A failure of the design of an improvement to meet the applicable professional standards of care at the time of governmental approval, construction, or remodeling; or
(D) A failure to construct or remodel an improvement in accordance with accepted trade standards for good and workmanlike construction at the time of construction or remodeling;
(5) "Design professional" means a person licensed in this state as an architect, interior designer, landscape architect, engineer, or surveyor, regardless of whether the person is a prime contractor or remote contractor;
(6) "Improvement" has the same meaning as defined in § 66-11-101 ;
(7) "Notice of claim" means a written notice sent by a claimant to the last known address of a prime contractor, remote contractor, or design professional against whom the claimant asserts a construction defect that describes the claim in reasonable detail sufficient to determine the general nature of the defect, including a general description of the type and location of the construction that the claimant alleges to be defective and any damages claimed to have been caused by the defect;
(8) "Prime contractor" has the same meaning as defined in § 66-11-101 ;
(9) "Remote contractor" has the same meaning as defined in § 66-11-101 ;
(10) "Residential property" means property upon which a dwelling or improvement is constructed or to be constructed consisting of one (1) dwelling unit intended as a residence of a person or family; and
(11) "Service" means personal service or delivery by certified mail to the last known address of the addressee, or as otherwise allowed by contract.
Amended by 2020 Tenn. Acts, ch. 749, s 35, eff. 7/1/2020.
Acts 2004, ch. 741, § 2.
Tenn. Code Ann. § 66-32-307 — TN Code / Title 66 / Chapter 32 / Section 66-32-307
Prerequisites to selling membership camping contracts
Status: in_force

With respect to any campground in this state acquired and put into operation by a membership camping operator after July 1, 1985, the membership camping operator shall not sell membership camping contracts in this state granting the right to use such campground until one (1) of the following requirements has been satisfied: (1) Each person holding an interest in a blanket encumbrance shall have executed and delivered a nondisturbance agreement and such agreement shall have been recorded in the real estate records of the county in which the campground is located; (2) The financial institution providing the major hypothecation loan to the membership camping operator, the "hypothecation lender", shall have a lien on, or security interest in, the membership camping operator's interest in the campground, and the hypothecation lender shall have executed and delivered a nondisturbance agreement and recorded such agreement in the real estate records of the county in which the campground is located. In addition, each person holding an interest in a blanket encumbrance superior to the interest held by the hypothecation lender shall have executed, delivered, and recorded an instrument stating that such person shall give the hypothecation lender notice of, and at least thirty (30) days to cure, any default under the blanket encumbrance before such person commences any foreclosure action affecting the campground. For the purposes of this provision, a major hypothecation loan to a membership camping operator is a loan or line of credit secured by substantially all of the contracts receivable arising from the membership camping operator's sale of membership camping contracts; (3) In the event the membership camping operator is selling real estate to purchasers, each person holding an interest in a blanket encumbrance shall have executed and delivered an agreement providing for periodic releases from the blanket encumbrance as real estate sales fees are paid on the debt. However, in such case, the membership camping operator shall have obtained an irrevocable letter of credit or surety bonds in favor of the holder of the blanket encumbrance insuring the completion of the roads and structural amenities which are promised for the project now being developed; or (4) The membership campground operator whose project is subject to an underlying blanket lien or encumbrance may obtain the agreement of the lienholder to take the project, in the event of default by the developer, subject to the rights of the nondefaulting purchasers by posting a bond equal to fifty percent (50%) of the amount owed to the lienholder, making an assignment of receivables equal to one hundred twenty-five percent (125%) of the principal amounts due to the lienholder, pledging collateral security equal to one hundred percent (100%) of the amount owed to the lienholder or entering into any other financing plan or escrow agreement acceptable to the lienholder. Acts 1985, ch. 303, § 7; T.C.A., § 47-18-407 .
With respect to any campground in this state acquired and put into operation by a membership camping operator after July 1, 1985, the membership camping operator shall not sell membership camping contracts in this state granting the right to use such campground until one (1) of the following requirements has been satisfied:
(1) Each person holding an interest in a blanket encumbrance shall have executed and delivered a nondisturbance agreement and such agreement shall have been recorded in the real estate records of the county in which the campground is located;
(2) The financial institution providing the major hypothecation loan to the membership camping operator, the "hypothecation lender", shall have a lien on, or security interest in, the membership camping operator's interest in the campground, and the hypothecation lender shall have executed and delivered a nondisturbance agreement and recorded such agreement in the real estate records of the county in which the campground is located. In addition, each person holding an interest in a blanket encumbrance superior to the interest held by the hypothecation lender shall have executed, delivered, and recorded an instrument stating that such person shall give the hypothecation lender notice of, and at least thirty (30) days to cure, any default under the blanket encumbrance before such person commences any foreclosure action affecting the campground. For the purposes of this provision, a major hypothecation loan to a membership camping operator is a loan or line of credit secured by substantially all of the contracts receivable arising from the membership camping operator's sale of membership camping contracts;
(3) In the event the membership camping operator is selling real estate to purchasers, each person holding an interest in a blanket encumbrance shall have executed and delivered an agreement providing for periodic releases from the blanket encumbrance as real estate sales fees are paid on the debt. However, in such case, the membership camping operator shall have obtained an irrevocable letter of credit or surety bonds in favor of the holder of the blanket encumbrance insuring the completion of the roads and structural amenities which are promised for the project now being developed; or
(4) The membership campground operator whose project is subject to an underlying blanket lien or encumbrance may obtain the agreement of the lienholder to take the project, in the event of default by the developer, subject to the rights of the nondefaulting purchasers by posting a bond equal to fifty percent (50%) of the amount owed to the lienholder, making an assignment of receivables equal to one hundred twenty-five percent (125%) of the principal amounts due to the lienholder, pledging collateral security equal to one hundred percent (100%) of the amount owed to the lienholder or entering into any other financing plan or escrow agreement acceptable to the lienholder.
Acts 1985, ch. 303, § 7; T.C.A., § 47-18-407 .
Tenn. Code Ann. § 66-27-304 — TN Code / Title 66 / Chapter 27 / Section 66-27-304
Description of units
Status: in_force

A description of a unit that sets forth the name of the condominium, the recording data for the declaration, the county in which the condominium is located, and the identifying number of the unit, is a sufficient legal description of that unit and all rights, obligations, and interests appurtenant to that unit that were created by the declaration or bylaws. Acts 2008, ch. 766, § 1.
A description of a unit that sets forth the name of the condominium, the recording data for the declaration, the county in which the condominium is located, and the identifying number of the unit, is a sufficient legal description of that unit and all rights, obligations, and interests appurtenant to that unit that were created by the declaration or bylaws.
Acts 2008, ch. 766, § 1.
Tenn. Code Ann. § 66-25-102 — TN Code / Title 66 / Chapter 25 / Section 66-25-102
Penalty for failure to release
Status: in_force

(a) If the holder of any debt secured by real property situated in this state fails to enter a proper release of record after having been fully paid or satisfied within forty-five (45) days from the receipt of a written request from the party making such payment, including, but not limited to, the maker, the mortgagor, the purchaser of the property covered by such instrument or any closing agent or attorney who has collected and transmitted funds for such payment, the holder of the debt shall forfeit to the party making such request the sum of one hundred dollars ($100). (b) If the indebtedness is not released within the forty-five-day period provided in subsection (a), the party having requested the release shall again request the release, and, if after thirty (30) days from the second request, the indebtedness has not been released, the holder shall forfeit to the party making the request a sum not to exceed one thousand dollars ($1,000). (c) In the event suit is instituted to collect either or both of the forfeitures, the holder shall also be liable to the party instituting suit for all reasonable expenses, attorney fees, and the court costs incurred in the action. Acts 1907, ch. 473, § 1; Shan., § 3704a1; mod. Code 1932, § 8070; Acts 1977, ch. 260, § 1; T.C.A. (orig. ed.), § 64-2502; Acts 1994, ch. 718, §§ 1, 2.
(a) If the holder of any debt secured by real property situated in this state fails to enter a proper release of record after having been fully paid or satisfied within forty-five (45) days from the receipt of a written request from the party making such payment, including, but not limited to, the maker, the mortgagor, the purchaser of the property covered by such instrument or any closing agent or attorney who has collected and transmitted funds for such payment, the holder of the debt shall forfeit to the party making such request the sum of one hundred dollars ($100).
(b) If the indebtedness is not released within the forty-five-day period provided in subsection (a), the party having requested the release shall again request the release, and, if after thirty (30) days from the second request, the indebtedness has not been released, the holder shall forfeit to the party making the request a sum not to exceed one thousand dollars ($1,000).
(c) In the event suit is instituted to collect either or both of the forfeitures, the holder shall also be liable to the party instituting suit for all reasonable expenses, attorney fees, and the court costs incurred in the action.
Acts 1907, ch. 473, § 1; Shan., § 3704a1; mod. Code 1932, § 8070; Acts 1977, ch. 260, § 1; T.C.A. (orig. ed.), § 64-2502; Acts 1994, ch. 718, §§ 1, 2.
Tenn. Code Ann. § 66-14-107 — TN Code / Title 66 / Chapter 14 / Section 66-14-107
Alternate method of enforcement
Status: in_force

In addition to the method of enforcement of the artisans' lien provided in §§ 66-14-102 - 66-14-106, inclusive, such lien may be enforced, in the alternative, by the artisan complying with §§ 66-16-101 and 66-16-102 , relating to launderers', cleaners' and storage liens. Acts 1959, ch. 127, § 2; T.C.A. (orig. ed.), § 64-1407.
In addition to the method of enforcement of the artisans' lien provided in §§ 66-14-102 - 66-14-106, inclusive, such lien may be enforced, in the alternative, by the artisan complying with §§ 66-16-101 and 66-16-102 , relating to launderers', cleaners' and storage liens.
Acts 1959, ch. 127, § 2; T.C.A. (orig. ed.), § 64-1407.
Tenn. Code Ann. § 66-29-176 — TN Code / Title 66 / Chapter 29 / Section 66-29-176
Enforceability of agreement to locate property
Status: in_force

(a) An agreement with an owner whereby the owner is to pay a fee or other remuneration for locating, delivering, recovering, or assisting in the recovery of property that has not yet been reported to the treasurer under this part is enforceable only if the agreement: (1) Is in writing; (2) Clearly sets forth the nature of the property and the services to be rendered; (3) Is signed by the apparent owner; (4) States the value of the property before and after the fee; and (5) Contains such other information as the state treasurer may, by rule, require. (b) An agreement by an apparent owner and a person, the primary purpose of which is to locate, deliver, recover, or assist in the location, delivery, or recovery of property held by the treasurer, is enforceable only if the agreement: (1) Is in a record that clearly sets forth the nature of the property and the services to be provided; (2) Is signed by or on behalf of the apparent owner; (3) States the amount or value of the property reasonably estimated or expected to be recovered, computed both before and after a fee or other compensation to be paid to the other person has been deducted; (4) Does not provide for compensation of more than ten percent (10%) of the value of the recoverable property or fifty dollars ($50.00), whichever is greater; and (5) Contains such other information as the state treasurer may, by rule, require. (c) An agreement under this section is void and unenforceable if it is entered into within two (2) years from the date on which the property was paid or delivered by the holder to the treasurer. (d) If a provision in an agreement described in this section applies to mineral proceeds for which compensation must be paid to a person based in whole or in part on a portion of the underlying minerals or mineral proceeds not then presumed abandoned, the provision is void and unenforceable, regardless of when the agreement is executed. (e) This section does not apply to an apparent owner's agreement with an attorney to pursue a claim for recovery of specifically identified property held by the treasurer or to contest the treasurer's denial of a claim for recovery of the property. Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
(a) An agreement with an owner whereby the owner is to pay a fee or other remuneration for locating, delivering, recovering, or assisting in the recovery of property that has not yet been reported to the treasurer under this part is enforceable only if the agreement: (1) Is in writing; (2) Clearly sets forth the nature of the property and the services to be rendered; (3) Is signed by the apparent owner; (4) States the value of the property before and after the fee; and (5) Contains such other information as the state treasurer may, by rule, require.
(1) Is in writing;
(2) Clearly sets forth the nature of the property and the services to be rendered;
(3) Is signed by the apparent owner;
(4) States the value of the property before and after the fee; and
(5) Contains such other information as the state treasurer may, by rule, require.
(b) An agreement by an apparent owner and a person, the primary purpose of which is to locate, deliver, recover, or assist in the location, delivery, or recovery of property held by the treasurer, is enforceable only if the agreement: (1) Is in a record that clearly sets forth the nature of the property and the services to be provided; (2) Is signed by or on behalf of the apparent owner; (3) States the amount or value of the property reasonably estimated or expected to be recovered, computed both before and after a fee or other compensation to be paid to the other person has been deducted; (4) Does not provide for compensation of more than ten percent (10%) of the value of the recoverable property or fifty dollars ($50.00), whichever is greater; and (5) Contains such other information as the state treasurer may, by rule, require.
(1) Is in a record that clearly sets forth the nature of the property and the services to be provided;
(2) Is signed by or on behalf of the apparent owner;
(3) States the amount or value of the property reasonably estimated or expected to be recovered, computed both before and after a fee or other compensation to be paid to the other person has been deducted;
(4) Does not provide for compensation of more than ten percent (10%) of the value of the recoverable property or fifty dollars ($50.00), whichever is greater; and
(5) Contains such other information as the state treasurer may, by rule, require.
(c) An agreement under this section is void and unenforceable if it is entered into within two (2) years from the date on which the property was paid or delivered by the holder to the treasurer.
(d) If a provision in an agreement described in this section applies to mineral proceeds for which compensation must be paid to a person based in whole or in part on a portion of the underlying minerals or mineral proceeds not then presumed abandoned, the provision is void and unenforceable, regardless of when the agreement is executed.
(e) This section does not apply to an apparent owner's agreement with an attorney to pursue a claim for recovery of specifically identified property held by the treasurer or to contest the treasurer's denial of a claim for recovery of the property.
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Tenn. Code Ann. § 66-27-317 — TN Code / Title 66 / Chapter 27 / Section 66-27-317
Amendment of declaration
Status: in_force

(a) Except in cases of amendments that may be executed by a declarant under § 66-27-309(f) or § 66-27-310 , the association under § 66-27-207 , § 66-27-306(d) , § 66-27-308(c) , § 66-27-312(a) , or § 66-27-313 , or certain unit owners under § 66-27-308(b) , § 66-27-312(a) , § 66-27-313(b) , or § 66-27-318(b) , and except as limited by subsections (d) or (e) of this section, the declaration, including the plats and plans, may be amended only by vote or agreement of unit owners of units to which at least sixty-seven percent (67%) of the votes in the association are allocated, or any larger majority the declaration specifies. The declaration may specify a smaller percentage only if all of the units are restricted exclusively to nonresidential use. (b) No action to challenge the validity of an amendment adopted by the association pursuant to this section may be brought more than one (1) year after the amendment is recorded. (c) Every amendment to the declaration must be recorded in every county in which any portion of the condominium is located, and is effective only upon recordation. An amendment shall be indexed in the grantee's index in the name of the condominium and the association and in the grantor's index in the name of the parties executing the amendment. (d) Except to the extent expressly permitted or required by part 1, this part and parts 4 and 5 of this chapter, no amendment may change the boundaries of any unit, or the allocated interests of a unit, or prohibit the leasing of any unit, in the absence of the consent of all affected unit owners. (e) Except to the extent expressly permitted or required by part 1, this part and parts 4 and 5 of this chapter, no amendment may increase special declarant rights without the consent of sixty-seven percent (67%) of the votes of the association other than the declarant. (f) Amendments to the declaration required by part 1, this part and parts 4 and 5 of this chapter to be recorded by the association shall be prepared, executed, recorded, and certified on behalf of the association by any officer of the association designated for that purpose or, in the absence of designation, by the president of the association. Acts 2008, ch. 766, § 1.
(a) Except in cases of amendments that may be executed by a declarant under § 66-27-309(f) or § 66-27-310 , the association under § 66-27-207 , § 66-27-306(d) , § 66-27-308(c) , § 66-27-312(a) , or § 66-27-313 , or certain unit owners under § 66-27-308(b) , § 66-27-312(a) , § 66-27-313(b) , or § 66-27-318(b) , and except as limited by subsections (d) or (e) of this section, the declaration, including the plats and plans, may be amended only by vote or agreement of unit owners of units to which at least sixty-seven percent (67%) of the votes in the association are allocated, or any larger majority the declaration specifies. The declaration may specify a smaller percentage only if all of the units are restricted exclusively to nonresidential use.
(b) No action to challenge the validity of an amendment adopted by the association pursuant to this section may be brought more than one (1) year after the amendment is recorded.
(c) Every amendment to the declaration must be recorded in every county in which any portion of the condominium is located, and is effective only upon recordation. An amendment shall be indexed in the grantee's index in the name of the condominium and the association and in the grantor's index in the name of the parties executing the amendment.
(d) Except to the extent expressly permitted or required by part 1, this part and parts 4 and 5 of this chapter, no amendment may change the boundaries of any unit, or the allocated interests of a unit, or prohibit the leasing of any unit, in the absence of the consent of all affected unit owners.
(e) Except to the extent expressly permitted or required by part 1, this part and parts 4 and 5 of this chapter, no amendment may increase special declarant rights without the consent of sixty-seven percent (67%) of the votes of the association other than the declarant.
(f) Amendments to the declaration required by part 1, this part and parts 4 and 5 of this chapter to be recorded by the association shall be prepared, executed, recorded, and certified on behalf of the association by any officer of the association designated for that purpose or, in the absence of designation, by the president of the association.
Acts 2008, ch. 766, § 1.