Tenn. Code Ann. § 66-3-307 — TN Code / Title 66 / Chapter 3 / Section 66-3-307
When transfer is made or obligation is incurred
Status: in_force

For the purposes of this part: (1) A transfer is made: (A) With respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good-faith purchaser of the asset from the debtor against whom applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee; and (B) With respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien otherwise than under this part that is superior to the interest of the transferee; (2) If applicable law permits the transfer to be perfected as provided in subdivision (1)(A) and the transfer is not so perfected before the commencement of an action for relief under this part, the transfer is deemed made immediately before the commencement of the action; (3) If applicable law does not permit the transfer to be perfected as provided in subdivision (1)(A), the transfer is made when it becomes effective between the debtor and the transferee; (4) A transfer is not made until the debtor has acquired rights in the asset transferred; or (5) An obligation is incurred: (A) If oral, when it becomes effective between the parties; or (B) If evidenced by a writing, when the writing executed by the obligor is delivered to or for the benefit of the obligee. Acts 2003, ch. 42, § 1.
For the purposes of this part:
(1) A transfer is made: (A) With respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good-faith purchaser of the asset from the debtor against whom applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee; and (B) With respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien otherwise than under this part that is superior to the interest of the transferee;
(A) With respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good-faith purchaser of the asset from the debtor against whom applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee; and
(B) With respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien otherwise than under this part that is superior to the interest of the transferee;
(2) If applicable law permits the transfer to be perfected as provided in subdivision (1)(A) and the transfer is not so perfected before the commencement of an action for relief under this part, the transfer is deemed made immediately before the commencement of the action;
(3) If applicable law does not permit the transfer to be perfected as provided in subdivision (1)(A), the transfer is made when it becomes effective between the debtor and the transferee;
(4) A transfer is not made until the debtor has acquired rights in the asset transferred; or
(5) An obligation is incurred: (A) If oral, when it becomes effective between the parties; or (B) If evidenced by a writing, when the writing executed by the obligor is delivered to or for the benefit of the obligee.
(A) If oral, when it becomes effective between the parties; or
(B) If evidenced by a writing, when the writing executed by the obligor is delivered to or for the benefit of the obligee.
Acts 2003, ch. 42, § 1.
Tenn. Code Ann. § 66-9-201 — TN Code / Title 66 / Chapter 9 / Section 66-9-201
Short title
Status: in_force

This part shall be known and may be cited as the "Solar Access Law of 1979." Acts 1979, ch. 259, § 1; T.C.A., § 64-9-201.
This part shall be known and may be cited as the "Solar Access Law of 1979."
Acts 1979, ch. 259, § 1; T.C.A., § 64-9-201.
Tenn. Code Ann. § 66-11-119 — TN Code / Title 66 / Chapter 11 / Section 66-11-119
Amendment of notice of lien
Status: in_force

(a) Any notice of lien served or recorded as provided in this chapter may be amended at any time during the period allowed for serving or recording the notice; provided, that the notice and amendment are served or recorded in good faith and the amendment is not shown to be prejudicial to another interested person. (b) Any amendment of the notice of lien shall be served or recorded in the same manner as is provided for the original notice. Code 1932, §§ 7930, 7931; T.C.A. (orig. ed.), § 64-1119; Acts 2007, ch. 189, § 18.
(a) Any notice of lien served or recorded as provided in this chapter may be amended at any time during the period allowed for serving or recording the notice; provided, that the notice and amendment are served or recorded in good faith and the amendment is not shown to be prejudicial to another interested person.
(b) Any amendment of the notice of lien shall be served or recorded in the same manner as is provided for the original notice.
Code 1932, §§ 7930, 7931; T.C.A. (orig. ed.), § 64-1119; Acts 2007, ch. 189, § 18.
Tenn. Code Ann. § 66-9-304 — TN Code / Title 66 / Chapter 9 / Section 66-9-304
Easement severed from fee - Right of entry
Status: in_force

(a) A conservation easement shall remain severed from the fee unless returned by specific conveyance to the holder of the fee. (b) Conservation easements may contain public use clauses. (c) The holder of a conservation easement shall maintain the right of entry at reasonable times for inspection whether or not the easement specifically permits such rights of entry. Acts 1981, ch. 361, § 4; T.C.A., § 64-9-304.
(a) A conservation easement shall remain severed from the fee unless returned by specific conveyance to the holder of the fee.
(b) Conservation easements may contain public use clauses.
(c) The holder of a conservation easement shall maintain the right of entry at reasonable times for inspection whether or not the easement specifically permits such rights of entry.
Acts 1981, ch. 361, § 4; T.C.A., § 64-9-304.
Tenn. Code Ann. § 66-9-401 — TN Code / Title 66 / Chapter 9 / Section 66-9-401
Effect of waiver
Status: in_force

Any waiver of a restrictive covenant applicable to a subdivision lot, when granted for a specifically named business, shall be effective as a waiver for any other business, regardless of name, which operates substantially the same type of business as the business for which the waiver was originally granted. Acts 1992, ch. 686, § 1.
Any waiver of a restrictive covenant applicable to a subdivision lot, when granted for a specifically named business, shall be effective as a waiver for any other business, regardless of name, which operates substantially the same type of business as the business for which the waiver was originally granted.
Acts 1992, ch. 686, § 1.
Tenn. Code Ann. § 66-26-107 — TN Code / Title 66 / Chapter 26 / Section 66-26-107
Presumption as to subscription by grantor after thirty years
Status: in_force

Where a deed has been registered more than thirty (30) years, but the register has failed to register the name of the grantor or bargainor, it shall be presumed that the name of the grantor or bargainor was subscribed to the deed, and the registration shall be good; and in proving the time when a deed has been registered, the date upon the books may be referred to; or the register may certify the fact as it appears upon the register's books; or the time of registration may be established by parol testimony. Code 1858, § 2085 (deriv. Acts 1839-1840, ch. 26, § 10); Shan., §3762; Code 1932, § 7673; T.C.A. (orig. ed.), § 64-2607.
Where a deed has been registered more than thirty (30) years, but the register has failed to register the name of the grantor or bargainor, it shall be presumed that the name of the grantor or bargainor was subscribed to the deed, and the registration shall be good; and in proving the time when a deed has been registered, the date upon the books may be referred to; or the register may certify the fact as it appears upon the register's books; or the time of registration may be established by parol testimony.
Code 1858, § 2085 (deriv. Acts 1839-1840, ch. 26, § 10); Shan., §3762; Code 1932, § 7673; T.C.A. (orig. ed.), § 64-2607.
Tenn. Code Ann. § 66-34-303 — TN Code / Title 66 / Chapter 34 / Section 66-34-303
Withholding of payment or retainage by prime contractor
Status: in_force

This chapter does not prevent the prime contractor from reasonably withholding payment or a portion of payment to the remote contractor, as long as the withheld payment is in accordance with the written contract between the prime contractor and the remote contractor. The prime contractor may also withhold a reasonable amount of retainage as specified in the written contract between the prime contractor and remote contractor; except, that the retainage amount must not exceed five percent (5%) of the amount of the contract. Amended by 2020 Tenn. Acts, ch. 749, s 25, eff. 7/1/2020. Acts 1991, ch. 45, § 1; 2007 , ch. 201, § 6.
This chapter does not prevent the prime contractor from reasonably withholding payment or a portion of payment to the remote contractor, as long as the withheld payment is in accordance with the written contract between the prime contractor and the remote contractor. The prime contractor may also withhold a reasonable amount of retainage as specified in the written contract between the prime contractor and remote contractor; except, that the retainage amount must not exceed five percent (5%) of the amount of the contract.
Amended by 2020 Tenn. Acts, ch. 749, s 25, eff. 7/1/2020.
Acts 1991, ch. 45, § 1; 2007 , ch. 201, § 6.
Tenn. Code Ann. § 66-28-305 — TN Code / Title 66 / Chapter 28 / Section 66-28-305
Limitation of landlord's liability
Status: in_force

Unless otherwise agreed, a landlord who conveys premises that include a dwelling unit subject to a rental agreement in a good faith sale to a bona fide purchaser, landlord or agent, or both, is relieved of liability under the rental agreement and this chapter as to events occurring subsequent to written notice to the tenant of the conveyance and transfer of the security deposit to the bona fide purchaser. Acts 1975, ch. 245, § 2.105; T.C.A., § 64-2825; Acts 2005, ch. 156, § 3.
Unless otherwise agreed, a landlord who conveys premises that include a dwelling unit subject to a rental agreement in a good faith sale to a bona fide purchaser, landlord or agent, or both, is relieved of liability under the rental agreement and this chapter as to events occurring subsequent to written notice to the tenant of the conveyance and transfer of the security deposit to the bona fide purchaser.
Acts 1975, ch. 245, § 2.105; T.C.A., § 64-2825; Acts 2005, ch. 156, § 3.
Tenn. Code Ann. § 66-29-164 — TN Code / Title 66 / Chapter 29 / Section 66-29-164
Treasurer's contract with another to conduct examination
Status: in_force

(a) The treasurer may contract with a person to conduct an examination under this part. The treasurer shall make any contract entered into under this section available for public inspection during normal business hours. (b) Not less than sixty (60) days before contracting with a person to conduct an examination for the treasurer under subsection (a), the treasurer shall give the person to be examined a demand in a record to submit a report and deliver property that is subject to this part. (c) On request by a person subject to examination by a contractor, the treasurer shall deliver to the person a complete unredacted copy of the contract between the treasurer and the contractor relating to the examination and any contract between the contractor and a person employed or engaged by the contractor to conduct the examination. (d) (1) It is hereby declared unlawful for the treasurer, or an individual employed by the treasurer who participates in, recommends, or approves the award of a contract under this section, to bid on, procure, or have any interest in a contract to conduct an examination under this section during the tenure of the treasurer's or employee's office or employment, and for six (6) months thereafter. (2) A person violating subsection (a) is liable to the state for any and all sums paid out by the state, together with interest at the rate of eight percent (8%) per annum, growing out of any such transaction. (3) A violation of subdivision (d)(1) is a Class E felony. Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
(a) The treasurer may contract with a person to conduct an examination under this part. The treasurer shall make any contract entered into under this section available for public inspection during normal business hours.
(b) Not less than sixty (60) days before contracting with a person to conduct an examination for the treasurer under subsection (a), the treasurer shall give the person to be examined a demand in a record to submit a report and deliver property that is subject to this part.
(c) On request by a person subject to examination by a contractor, the treasurer shall deliver to the person a complete unredacted copy of the contract between the treasurer and the contractor relating to the examination and any contract between the contractor and a person employed or engaged by the contractor to conduct the examination.
(d) (1) It is hereby declared unlawful for the treasurer, or an individual employed by the treasurer who participates in, recommends, or approves the award of a contract under this section, to bid on, procure, or have any interest in a contract to conduct an examination under this section during the tenure of the treasurer's or employee's office or employment, and for six (6) months thereafter. (2) A person violating subsection (a) is liable to the state for any and all sums paid out by the state, together with interest at the rate of eight percent (8%) per annum, growing out of any such transaction. (3) A violation of subdivision (d)(1) is a Class E felony.
(1) It is hereby declared unlawful for the treasurer, or an individual employed by the treasurer who participates in, recommends, or approves the award of a contract under this section, to bid on, procure, or have any interest in a contract to conduct an examination under this section during the tenure of the treasurer's or employee's office or employment, and for six (6) months thereafter.
(2) A person violating subsection (a) is liable to the state for any and all sums paid out by the state, together with interest at the rate of eight percent (8%) per annum, growing out of any such transaction.
(3) A violation of subdivision (d)(1) is a Class E felony.
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Tenn. Code Ann. § 66-28-403 — TN Code / Title 66 / Chapter 28 / Section 66-28-403
Access by landlord
Status: in_force

(a) The tenant shall not unreasonably withhold consent to the landlord to enter onto the premises, including entering into the dwelling unit, in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the premises to prospective or actual purchasers, mortgagees, workers or contractors. (b) The landlord may enter the premises without consent of the tenant in case of emergency. "Emergency" means a sudden, generally unexpected occurrence or set of circumstances demanding immediate action. (c) Where no known emergency exists, if any utilities have been turned off due to no fault of the landlord, the landlord shall be permitted to enter the premises. The landlord may inspect the premises to ascertain any damages to the premises and make necessary repairs of damages resulting from the lack of utilities. (d) The landlord shall not abuse the right of access or use it to harass the tenant. (e) The landlord has no right of access to the premises except: (1) By court order; (2) As permitted by this section, §§ 66-28-506 and 66-28-507(b) ; (3) If the tenant has abandoned or surrendered the premises; (4) If the tenant is deceased, incapacitated or incarcerated; or (5) Within the final thirty (30) days of the termination of the rental agreement for the purpose of showing the premises to prospective tenants; provided, that such right of access is set forth in the rental agreement and notice is given to the tenant at least twenty-four (24) hours prior to entry. Acts 1975, ch. 245, § 3.103; T.C.A., § 64-2833; Acts 2011 , ch. 272, § 10.
(a) The tenant shall not unreasonably withhold consent to the landlord to enter onto the premises, including entering into the dwelling unit, in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the premises to prospective or actual purchasers, mortgagees, workers or contractors.
(b) The landlord may enter the premises without consent of the tenant in case of emergency. "Emergency" means a sudden, generally unexpected occurrence or set of circumstances demanding immediate action.
(c) Where no known emergency exists, if any utilities have been turned off due to no fault of the landlord, the landlord shall be permitted to enter the premises. The landlord may inspect the premises to ascertain any damages to the premises and make necessary repairs of damages resulting from the lack of utilities.
(d) The landlord shall not abuse the right of access or use it to harass the tenant.
(e) The landlord has no right of access to the premises except: (1) By court order; (2) As permitted by this section, §§ 66-28-506 and 66-28-507(b) ; (3) If the tenant has abandoned or surrendered the premises; (4) If the tenant is deceased, incapacitated or incarcerated; or (5) Within the final thirty (30) days of the termination of the rental agreement for the purpose of showing the premises to prospective tenants; provided, that such right of access is set forth in the rental agreement and notice is given to the tenant at least twenty-four (24) hours prior to entry.
(1) By court order;
(2) As permitted by this section, §§ 66-28-506 and 66-28-507(b) ;
(3) If the tenant has abandoned or surrendered the premises;
(4) If the tenant is deceased, incapacitated or incarcerated; or
(5) Within the final thirty (30) days of the termination of the rental agreement for the purpose of showing the premises to prospective tenants; provided, that such right of access is set forth in the rental agreement and notice is given to the tenant at least twenty-four (24) hours prior to entry.
Acts 1975, ch. 245, § 3.103; T.C.A., § 64-2833; Acts 2011 , ch. 272, § 10.
Tenn. Code Ann. § 66-8-102 — TN Code / Title 66 / Chapter 8 / Section 66-8-102
Period in which redeemable
Status: in_force

Real estate sold for debt and made redeemable shall continue redeemable to the debtor and the debtor's creditors for two (2) years after the sale, upon the terms set forth in this chapter, no matter how often it had been previously redeemed. Code 1858, § 2130 (deriv. Acts 1820, ch. 11, § 5; 1842 (E.S.), ch. 6, §9); Shan., § 3817; Code 1932, § 7742; T.C.A. (orig. ed.), § 64-802.
Real estate sold for debt and made redeemable shall continue redeemable to the debtor and the debtor's creditors for two (2) years after the sale, upon the terms set forth in this chapter, no matter how often it had been previously redeemed.
Code 1858, § 2130 (deriv. Acts 1820, ch. 11, § 5; 1842 (E.S.), ch. 6, §9); Shan., § 3817; Code 1932, § 7742; T.C.A. (orig. ed.), § 64-802.
Tenn. Code Ann. § 66-29-301 — TN Code / Title 66 / Chapter 29 / Section 66-29-301
Part definitions
Status: in_force

As used in this part: (1) "Abandoned aircraft" means: (A) An aircraft left in a wrecked, inoperative, or partially dismantled condition on a public-use airport; and (B) An aircraft that has remained in an idle state on a public-use airport for forty-five (45) consecutive calendar days without a contractual agreement between the owner or operator of the aircraft and the airport authority for use of the airport premises; (2) "Airport authority" means an authority created pursuant to title 42, chapter 3, 4, or 5; (3) "Derelict aircraft" means any aircraft that is not in a flyable condition, does not have a current certificate of air worthiness issued by the federal aviation administration, and is not in the process of actively being repaired; and (4) "Public-use airport" is an airport owned or controlled by an airport authority. Added by 2016 Tenn. Acts, ch. 800,s 1, eff. 4/14/2016.
As used in this part:
(1) "Abandoned aircraft" means: (A) An aircraft left in a wrecked, inoperative, or partially dismantled condition on a public-use airport; and (B) An aircraft that has remained in an idle state on a public-use airport for forty-five (45) consecutive calendar days without a contractual agreement between the owner or operator of the aircraft and the airport authority for use of the airport premises;
(A) An aircraft left in a wrecked, inoperative, or partially dismantled condition on a public-use airport; and
(B) An aircraft that has remained in an idle state on a public-use airport for forty-five (45) consecutive calendar days without a contractual agreement between the owner or operator of the aircraft and the airport authority for use of the airport premises;
(2) "Airport authority" means an authority created pursuant to title 42, chapter 3, 4, or 5;
(3) "Derelict aircraft" means any aircraft that is not in a flyable condition, does not have a current certificate of air worthiness issued by the federal aviation administration, and is not in the process of actively being repaired; and
(4) "Public-use airport" is an airport owned or controlled by an airport authority.
Added by 2016 Tenn. Acts, ch. 800,s 1, eff. 4/14/2016.
Tenn. Code Ann. § 66-7-108 — TN Code / Title 66 / Chapter 7 / Section 66-7-108
Commercial lease disclosure statement - Remedies for misrepresentation
Status: in_force

(a) At the request of a prospective tenant, the owner of commercial or industrial real property where the commercial property space is one thousand five hundred square feet (1,500 sq. ft.) or less, and the industrial real property is five thousand square feet (5,000 sq. ft.) or less, shall furnish to such prospective tenant a signed disclosure statement detailing the extent to which such real property is understood by the owner to be in compliance with local and state fire, plumbing, and electrical codes for a building of the type under construction. If, at the time such disclosure is made, an item of information required to be disclosed is unknown or not available to the owner, the owner may state that such information is unknown. (b) If the owner knowingly misrepresents information required to be disclosed by this section, the lessee's remedies, at the option of the lessee, for such misrepresentation on the disclosure statement shall be either: (1) An action for actual damages suffered as a result of known defects existing in the property as of the date of execution of the lease. Any action brought under this subdivision (b)(1) shall be commenced within one (1) year from the date the lessee received the disclosure statement or the date of occupancy, whichever occurs first; or (2) Termination of the lease. (c) Nothing in this section shall affect other remedies at law or equity otherwise available against an owner in the event of an owner's intentional or willful misrepresentation of the condition of the subject property. Acts 1999, ch. 122, §§ 1 - 3.
(a) At the request of a prospective tenant, the owner of commercial or industrial real property where the commercial property space is one thousand five hundred square feet (1,500 sq. ft.) or less, and the industrial real property is five thousand square feet (5,000 sq. ft.) or less, shall furnish to such prospective tenant a signed disclosure statement detailing the extent to which such real property is understood by the owner to be in compliance with local and state fire, plumbing, and electrical codes for a building of the type under construction. If, at the time such disclosure is made, an item of information required to be disclosed is unknown or not available to the owner, the owner may state that such information is unknown.
(b) If the owner knowingly misrepresents information required to be disclosed by this section, the lessee's remedies, at the option of the lessee, for such misrepresentation on the disclosure statement shall be either: (1) An action for actual damages suffered as a result of known defects existing in the property as of the date of execution of the lease. Any action brought under this subdivision (b)(1) shall be commenced within one (1) year from the date the lessee received the disclosure statement or the date of occupancy, whichever occurs first; or (2) Termination of the lease.
(1) An action for actual damages suffered as a result of known defects existing in the property as of the date of execution of the lease. Any action brought under this subdivision (b)(1) shall be commenced within one (1) year from the date the lessee received the disclosure statement or the date of occupancy, whichever occurs first; or
(2) Termination of the lease.
(c) Nothing in this section shall affect other remedies at law or equity otherwise available against an owner in the event of an owner's intentional or willful misrepresentation of the condition of the subject property.
Acts 1999, ch. 122, §§ 1 - 3.
Tenn. Code Ann. § 66-35-103 — TN Code / Title 66 / Chapter 35 / Section 66-35-103
Management of government-owned property excepted
Status: in_force

This chapter does not impair the right of a local governmental unit to manage and control residential or commercial property in which such local governmental unit has a property interest. Acts 1996, ch. 623, § 1.
This chapter does not impair the right of a local governmental unit to manage and control residential or commercial property in which such local governmental unit has a property interest.
Acts 1996, ch. 623, § 1.
Tenn. Code Ann. § 66-27-117 — TN Code / Title 66 / Chapter 27 / Section 66-27-117
Building insurance
Status: in_force

The co-owners may, upon resolution of a majority, insure the building against risks, without prejudice to the right of each co-owner to insure such co-owner's apartment on such co-owner's own account and for co-owner's own benefit. Acts 1963, ch. 124, § 17; T.C.A., § 64-2717.
The co-owners may, upon resolution of a majority, insure the building against risks, without prejudice to the right of each co-owner to insure such co-owner's apartment on such co-owner's own account and for co-owner's own benefit.
Acts 1963, ch. 124, § 17; T.C.A., § 64-2717.
Tenn. Code Ann. § 66-32-202 — TN Code / Title 66 / Chapter 32 / Section 66-32-202
Legislative intent
Status: in_force

The purpose of this part is to recognize that the sale and promotion of vacation clubs is an emerging, dynamic segment of the international tourism industry; that this segment of the tourism industry continues to grow, both in volume of sales and in complexity and variety of product structure; and that a uniform and consistent method of regulation is necessary in order to safeguard the state's consumers and the state's economic well-being. It is the intent of the general assembly that this part be interpreted broadly in order to enhance the quality of vacation clubs offered and sold in this state and to protect consumers who purchase vacation club interests. Acts 1995, ch. 90, § 2.
The purpose of this part is to recognize that the sale and promotion of vacation clubs is an emerging, dynamic segment of the international tourism industry; that this segment of the tourism industry continues to grow, both in volume of sales and in complexity and variety of product structure; and that a uniform and consistent method of regulation is necessary in order to safeguard the state's consumers and the state's economic well-being. It is the intent of the general assembly that this part be interpreted broadly in order to enhance the quality of vacation clubs offered and sold in this state and to protect consumers who purchase vacation club interests.
Acts 1995, ch. 90, § 2.
Tenn. Code Ann. § 66-19-201 — TN Code / Title 66 / Chapter 19 / Section 66-19-201
Possessory lien on boats
Status: in_force

Any debt contracted by the master, owner, agent, or consignee of any boat within this state on account of any work done, or materials or articles furnished for the building, repairing, fitting, furnishing, or equipping of such boat, or for wages due to the employees of such debtor, or for lease rent for dockage or storage, shall be a possessory lien upon such boat, its tackle, and furniture. It is the legislative intent that the holder of a material and furnishings lien shall not be able to charge additional dockage and storage during that period when the holder is exercising this lien. Code 1858, § 1991 (deriv. Acts 1833, ch. 35, § 1); Shan., § 3547; mod. Code 1932, § 7962; Acts 1981, ch. 482, § 1; T.C.A. (orig. ed.), § 64-1904.
Any debt contracted by the master, owner, agent, or consignee of any boat within this state on account of any work done, or materials or articles furnished for the building, repairing, fitting, furnishing, or equipping of such boat, or for wages due to the employees of such debtor, or for lease rent for dockage or storage, shall be a possessory lien upon such boat, its tackle, and furniture. It is the legislative intent that the holder of a material and furnishings lien shall not be able to charge additional dockage and storage during that period when the holder is exercising this lien.
Code 1858, § 1991 (deriv. Acts 1833, ch. 35, § 1); Shan., § 3547; mod. Code 1932, § 7962; Acts 1981, ch. 482, § 1; T.C.A. (orig. ed.), § 64-1904.
Tenn. Code Ann. § 66-1-104 — TN Code / Title 66 / Chapter 1 / Section 66-1-104
Construction of "dying without heirs."
Status: in_force

Every contingent limitation in any deed or will, made to depend upon the dying of any person without heir, or heirs of the body, or without issue of the body, or without children, or offspring, or descendants, or other relative, shall be a limitation to take effect when such person dies without heir, issue, child, offspring, or descendants, or other relative, as the case may be, living at the time of such person's death, or born to such person within ten (10) months thereafter; unless the intention of such limitation be otherwise expressly and plainly declared in the face of the deed or will creating it. Code 1858, § 2009 (deriv. Acts 1851-1852, ch. 91, § 3); Shan., § 3675; Code 1932, § 7601; T.C.A. (orig. ed.), § 64-104.
Every contingent limitation in any deed or will, made to depend upon the dying of any person without heir, or heirs of the body, or without issue of the body, or without children, or offspring, or descendants, or other relative, shall be a limitation to take effect when such person dies without heir, issue, child, offspring, or descendants, or other relative, as the case may be, living at the time of such person's death, or born to such person within ten (10) months thereafter; unless the intention of such limitation be otherwise expressly and plainly declared in the face of the deed or will creating it.
Code 1858, § 2009 (deriv. Acts 1851-1852, ch. 91, § 3); Shan., § 3675; Code 1932, § 7601; T.C.A. (orig. ed.), § 64-104.
Tenn. Code Ann. § 66-34-203 — TN Code / Title 66 / Chapter 34 / Section 66-34-203
Withholding of payment or retainage by owner
Status: in_force

This chapter does not prevent the owner from reasonably withholding payment or a portion of a payment to the prime contractor, as long as the withholding is in accordance with the written contract between the owner and the prime contractor. The owner may also withhold a reasonable amount of retainage as specified in the written contract between the owner and the prime contractor, as long as the retainage amount does not exceed five percent (5%) of the amount of the contract. Amended by 2020 Tenn. Acts, ch. 749, s 20, eff. 7/1/2020. Acts 1991, ch. 45, § 1; 2007 , ch. 201, § 4.
This chapter does not prevent the owner from reasonably withholding payment or a portion of a payment to the prime contractor, as long as the withholding is in accordance with the written contract between the owner and the prime contractor. The owner may also withhold a reasonable amount of retainage as specified in the written contract between the owner and the prime contractor, as long as the retainage amount does not exceed five percent (5%) of the amount of the contract.
Amended by 2020 Tenn. Acts, ch. 749, s 20, eff. 7/1/2020.
Acts 1991, ch. 45, § 1; 2007 , ch. 201, § 4.
Tenn. Code Ann. § 66-35-101 — TN Code / Title 66 / Chapter 35 / Section 66-35-101
"Local governmental unit" defined
Status: in_force

As used in this chapter, "local governmental unit" means any political subdivision of the state, including, but not limited to, counties or incorporated municipalities, if such political subdivision provides local government services for residents in a geographically limited area of the state as its primary purpose and has the power to act primarily on behalf of that area. Acts 1996, ch. 623, § 1.
As used in this chapter, "local governmental unit" means any political subdivision of the state, including, but not limited to, counties or incorporated municipalities, if such political subdivision provides local government services for residents in a geographically limited area of the state as its primary purpose and has the power to act primarily on behalf of that area.
Acts 1996, ch. 623, § 1.
Tenn. Code Ann. § 66-11-135 — TN Code / Title 66 / Chapter 11 / Section 66-11-135
Release of lien - Recording release
Status: in_force

(a) If a lienor whose lien has been forfeited, expired, satisfied or adjudged against the lienor in a proceeding on the lien, fails to cause the lien provided by this chapter to be released within thirty (30) days after service of written notice demanding release, the lienor shall be liable to the owner for all damages arising therefrom, and costs, including reasonable attorneys' fees, incurred by the owner. (b) The release shall be recorded in the office where the notice of lien was recorded. The fee for recording shall be the fee required for the recording of a release or satisfaction of a mortgage as provided by law. (c) For the purpose of this section, a lien shall be deemed released on the day on which the release of the lien is recorded in the proper office. Amended by 2020 Tenn. Acts, ch. 749, s 8, eff. 7/1/2020. Code 1932, § 7935; T.C.A. (orig. ed.), § 64-1137; Acts 2007 , ch. 189, § 34.
(a) If a lienor whose lien has been forfeited, expired, satisfied or adjudged against the lienor in a proceeding on the lien, fails to cause the lien provided by this chapter to be released within thirty (30) days after service of written notice demanding release, the lienor shall be liable to the owner for all damages arising therefrom, and costs, including reasonable attorneys' fees, incurred by the owner.
(b) The release shall be recorded in the office where the notice of lien was recorded. The fee for recording shall be the fee required for the recording of a release or satisfaction of a mortgage as provided by law.
(c) For the purpose of this section, a lien shall be deemed released on the day on which the release of the lien is recorded in the proper office.
Amended by 2020 Tenn. Acts, ch. 749, s 8, eff. 7/1/2020.
Code 1932, § 7935; T.C.A. (orig. ed.), § 64-1137; Acts 2007 , ch. 189, § 34.
Tenn. Code Ann. § 66-3-306 — TN Code / Title 66 / Chapter 3 / Section 66-3-306
Transfers fraudulent as to present creditors
Status: in_force

(a) A transfer made or obligation incurred by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer or obligation. (b) A transfer made by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made if the transfer was made to an insider for an antecedent debt, the debtor was insolvent at that time, and the insider had reasonable cause to believe that the debtor was insolvent. Acts 2003, ch. 42, § 1.
(a) A transfer made or obligation incurred by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer or obligation.
(b) A transfer made by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made if the transfer was made to an insider for an antecedent debt, the debtor was insolvent at that time, and the insider had reasonable cause to believe that the debtor was insolvent.
Acts 2003, ch. 42, § 1.
Tenn. Code Ann. § 66-27-206 — TN Code / Title 66 / Chapter 27 / Section 66-27-206
Applicability of local ordinances, regulations, and building codes
Status: in_force

A zoning, subdivision, building code, or other real estate use law, ordinance, or regulation may not prohibit the condominium form of ownership or impose any requirement upon a condominium that it would not impose upon a physically identical development under a different form of ownership. Otherwise, no provision of this part and parts 3-5 of this chapter invalidates or modifies any zoning, subdivision, building code, or other real estate use law, ordinance, or regulation. Acts 2008, ch. 766, § 1.
A zoning, subdivision, building code, or other real estate use law, ordinance, or regulation may not prohibit the condominium form of ownership or impose any requirement upon a condominium that it would not impose upon a physically identical development under a different form of ownership. Otherwise, no provision of this part and parts 3-5 of this chapter invalidates or modifies any zoning, subdivision, building code, or other real estate use law, ordinance, or regulation.
Acts 2008, ch. 766, § 1.
Tenn. Code Ann. § 66-23-105 — TN Code / Title 66 / Chapter 23 / Section 66-23-105
Witnesses in another state
Status: in_force

If the witnesses reside or are in any other state of the union, the proof shall be made before the same officers and tribunals who can take the acknowledgment of the maker of the instrument. Code 1858, § 2053 (deriv. Acts 1839-1840, ch. 26, § 5); Shan., §3728; Code 1932, § 7643; T.C.A. (orig. ed.), § 64-2305.
If the witnesses reside or are in any other state of the union, the proof shall be made before the same officers and tribunals who can take the acknowledgment of the maker of the instrument.
Code 1858, § 2053 (deriv. Acts 1839-1840, ch. 26, § 5); Shan., §3728; Code 1932, § 7643; T.C.A. (orig. ed.), § 64-2305.
Tenn. Code Ann. § 66-3-311 — TN Code / Title 66 / Chapter 3 / Section 66-3-311
Supplementary provisions
Status: in_force

Unless displaced by this part, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement its provisions. Acts 2003 , ch. 42, § 1.
Unless displaced by this part, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement its provisions.
Acts 2003 , ch. 42, § 1.
Tenn. Code Ann. § 66-27-706 — TN Code / Title 66 / Chapter 27 / Section 66-27-706
Special assessment levies for nonessential amenities - Requirements - Foreclosure prohibited
Status: in_force

(a) A homeowners' association seeking to levy a special assessment on its members for a nonessential amenity must: (1) Pass the assessment by at least a two-thirds (2/3) majority vote of the total members in the homeowners' association; and (2) Provide members with financing or a payment plan over a defined period of time. (b) If a member of the homeowners' association fails to pay a special assessment for a nonessential amenity, then the homeowners' association shall not take a foreclosure action against the property or the member for failure to pay the special assessment. Added by 2024 Tenn. Acts, ch. 691,s 3, eff. 7/1/2024.
(a) A homeowners' association seeking to levy a special assessment on its members for a nonessential amenity must: (1) Pass the assessment by at least a two-thirds (2/3) majority vote of the total members in the homeowners' association; and (2) Provide members with financing or a payment plan over a defined period of time.
(1) Pass the assessment by at least a two-thirds (2/3) majority vote of the total members in the homeowners' association; and
(2) Provide members with financing or a payment plan over a defined period of time.
(b) If a member of the homeowners' association fails to pay a special assessment for a nonessential amenity, then the homeowners' association shall not take a foreclosure action against the property or the member for failure to pay the special assessment.
Added by 2024 Tenn. Acts, ch. 691,s 3, eff. 7/1/2024.
Tenn. Code Ann. § 66-19-207 — TN Code / Title 66 / Chapter 19 / Section 66-19-207
Duplication of attachments prohibited
Status: in_force

After a seizure of a boat at the suit of one (1) or more creditors and/or claimants, no other creditors and/or claimants shall have process to attach the boat, but all of them may be made parties, as prescribed in § 66-19-203 . Code 1858, § 3558 (deriv. Acts 1833, ch. 35, § 7); Shan., § 5321; mod. Code 1932, § 7968; T.C.A. (orig. ed.), § 64-1910.
After a seizure of a boat at the suit of one (1) or more creditors and/or claimants, no other creditors and/or claimants shall have process to attach the boat, but all of them may be made parties, as prescribed in § 66-19-203 .
Code 1858, § 3558 (deriv. Acts 1833, ch. 35, § 7); Shan., § 5321; mod. Code 1932, § 7968; T.C.A. (orig. ed.), § 64-1910.
Tenn. Code Ann. § 66-29-128 — TN Code / Title 66 / Chapter 29 / Section 66-29-128
Agreements to ascertain whereabouts of apparent owner - Notice to apparent owner by holder
Status: in_force

(a) Any holder of property not yet presumed abandoned under this part may enter into agreements as may be necessary to ascertain the whereabouts of the apparent owner; provided, that costs associated with such agreements must not be deducted from the property or charged to the owner. (b) Except as otherwise provided in subsection (c), the holder of property presumed abandoned shall send notice that complies with § 66-29-129 to the apparent owner in a form approved by the treasurer, by first-class United States mail, not more than one hundred eighty (180) days, nor less than sixty (60) days, before filing the report under § 66-29-123 if: (1) The holder has in its records an address for the apparent owner sufficient to direct the delivery of first-class United States mail to the apparent owner, which the holder's records do not disclose to be invalid; and (2) The value of the property is fifty dollars ($50.00) or more. (c) If an apparent owner has consented to receive electronic mail communications from the holder, the holder shall send the notice described in subsection (a) both by first-class United States mail to the apparent owner's last known mailing address and by electronic mail, unless the holder has reason to believe that the apparent owner's electronic mail address is not valid. Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017. Acts 1978, ch. 561, § 27; T.C.A., §§ 64-2927, 66-29-127.
(a) Any holder of property not yet presumed abandoned under this part may enter into agreements as may be necessary to ascertain the whereabouts of the apparent owner; provided, that costs associated with such agreements must not be deducted from the property or charged to the owner.
(b) Except as otherwise provided in subsection (c), the holder of property presumed abandoned shall send notice that complies with § 66-29-129 to the apparent owner in a form approved by the treasurer, by first-class United States mail, not more than one hundred eighty (180) days, nor less than sixty (60) days, before filing the report under § 66-29-123 if: (1) The holder has in its records an address for the apparent owner sufficient to direct the delivery of first-class United States mail to the apparent owner, which the holder's records do not disclose to be invalid; and (2) The value of the property is fifty dollars ($50.00) or more.
(1) The holder has in its records an address for the apparent owner sufficient to direct the delivery of first-class United States mail to the apparent owner, which the holder's records do not disclose to be invalid; and
(2) The value of the property is fifty dollars ($50.00) or more.
(c) If an apparent owner has consented to receive electronic mail communications from the holder, the holder shall send the notice described in subsection (a) both by first-class United States mail to the apparent owner's last known mailing address and by electronic mail, unless the holder has reason to believe that the apparent owner's electronic mail address is not valid.
Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Acts 1978, ch. 561, § 27; T.C.A., §§ 64-2927, 66-29-127.
Tenn. Code Ann. § 66-10-105 — TN Code / Title 66 / Chapter 10 / Section 66-10-105
Redemption
Status: in_force

Whether the land is all sold, or is sold in parcels, the defendant shall have the right of redemption, as in other cases. Code 1858, § 3566 (deriv. Acts 1857-1858, ch. 50, § 3); Shan., §5329; Code 1932, § 8040; T.C.A. (orig. ed.), § 64-1006.
Whether the land is all sold, or is sold in parcels, the defendant shall have the right of redemption, as in other cases.
Code 1858, § 3566 (deriv. Acts 1857-1858, ch. 50, § 3); Shan., §5329; Code 1932, § 8040; T.C.A. (orig. ed.), § 64-1006.
Tenn. Code Ann. § 66-3-103 — TN Code / Title 66 / Chapter 3 / Section 66-3-103
Presumption of ownership from possession of personal property
Status: in_force

Possession of goods and chattels continued for five (5) years, without demand made and pursued by due process of law, shall, as to the creditors of the possessor or purchasers from the possessor, be deemed conclusive evidence that the absolute property is in such possessor, unless the contrary appear by bill of sale, deed, will, or other instrument in writing, proved or acknowledged and registered. Code 1858, § 1761 (deriv. Acts 1801, ch. 25, § 2); Shan., § 3152; mod. Code 1932, § 7834; T.C.A. (orig. ed.), § 64-303.
Possession of goods and chattels continued for five (5) years, without demand made and pursued by due process of law, shall, as to the creditors of the possessor or purchasers from the possessor, be deemed conclusive evidence that the absolute property is in such possessor, unless the contrary appear by bill of sale, deed, will, or other instrument in writing, proved or acknowledged and registered.
Code 1858, § 1761 (deriv. Acts 1801, ch. 25, § 2); Shan., § 3152; mod. Code 1932, § 7834; T.C.A. (orig. ed.), § 64-303.
Tenn. Code Ann. § 66-28-202 — TN Code / Title 66 / Chapter 28 / Section 66-28-202
Effect of unsigned or undelivered agreement
Status: in_force

(a) If the landlord does not sign a written rental agreement, acceptance of rent without reservation by the landlord binds the parties on a month to month tenancy. (b) Any person or persons taking possession without payment of rent and failing to sign a written rental agreement delivered to them by the landlord or who enter without oral agreement are deemed to be trespassers and may be evicted forthwith and may be held liable for damages and rent for the term of trespass and reasonable attorney's fees; provided, that if such person or persons pay rent, which is accepted by the landlord, such person or persons shall become tenants of the landlord. Acts 1975, ch. 245, § 1.402; T.C.A., § 64-2812; Acts 2011, ch. 272, § 5.
(a) If the landlord does not sign a written rental agreement, acceptance of rent without reservation by the landlord binds the parties on a month to month tenancy.
(b) Any person or persons taking possession without payment of rent and failing to sign a written rental agreement delivered to them by the landlord or who enter without oral agreement are deemed to be trespassers and may be evicted forthwith and may be held liable for damages and rent for the term of trespass and reasonable attorney's fees; provided, that if such person or persons pay rent, which is accepted by the landlord, such person or persons shall become tenants of the landlord.
Acts 1975, ch. 245, § 1.402; T.C.A., § 64-2812; Acts 2011, ch. 272, § 5.
Tenn. Code Ann. § 66-21-106 — TN Code / Title 66 / Chapter 21 / Section 66-21-106
Penalty for failure to release
Status: in_force

If the plaintiff, complainant, lienor or owner of any lien filed and registered pursuant to this part fails, neglects or refuses to release a lien that is satisfied, within fifteen (15) days after written demand of the defendant or lienee, such person shall be liable to the penalty prescribed for failure to release a mortgage on demand after the payment of the debt secured. Code 1932, § 8063; T.C.A. (orig. ed.), § 64-2106.
If the plaintiff, complainant, lienor or owner of any lien filed and registered pursuant to this part fails, neglects or refuses to release a lien that is satisfied, within fifteen (15) days after written demand of the defendant or lienee, such person shall be liable to the penalty prescribed for failure to release a mortgage on demand after the payment of the debt secured.
Code 1932, § 8063; T.C.A. (orig. ed.), § 64-2106.
Tenn. Code Ann. § 66-29-156 — TN Code / Title 66 / Chapter 29 / Section 66-29-156
Verified report of property
Status: in_force

If a person does not file a report required by § 66-29-123 , or the treasurer believes that a person may have filed an inaccurate, incomplete, or false report, the treasurer may require the person to file a verified report on a form prescribed by the treasurer. The report must: (1) State whether the person is holding property reportable under this part; (2) Describe property not previously reported or about which the treasurer has enquired; and (3) Specifically identify property described under subdivision (2) for which there is a dispute as to whether it is reportable under this part and state the amount or value of the property. Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
If a person does not file a report required by § 66-29-123 , or the treasurer believes that a person may have filed an inaccurate, incomplete, or false report, the treasurer may require the person to file a verified report on a form prescribed by the treasurer. The report must:
(1) State whether the person is holding property reportable under this part;
(2) Describe property not previously reported or about which the treasurer has enquired; and
(3) Specifically identify property described under subdivision (2) for which there is a dispute as to whether it is reportable under this part and state the amount or value of the property.
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Tenn. Code Ann. § 66-19-202 — TN Code / Title 66 / Chapter 19 / Section 66-19-202
Pleading of lienor
Status: in_force

The pleading of the lienor shall be in writing, on oath, stating: (1) By whom and for what boat the debt was contracted; (2) The items composing the debt; (3) That it is justly due and unpaid; and (4) That demand has been made of one (1) of the defendants, or of the captain or agent of the defendants, being at the time in the county. Code 1858, § 3551 (deriv. Acts 1833, ch. 35, §§ 2, 10); Shan., § 5314; mod. Code 1932, § 7963; T.C.A. (orig. ed.), § 64-1905.
The pleading of the lienor shall be in writing, on oath, stating:
(1) By whom and for what boat the debt was contracted;
(2) The items composing the debt;
(3) That it is justly due and unpaid; and
(4) That demand has been made of one (1) of the defendants, or of the captain or agent of the defendants, being at the time in the county.
Code 1858, § 3551 (deriv. Acts 1833, ch. 35, §§ 2, 10); Shan., § 5314; mod. Code 1932, § 7963; T.C.A. (orig. ed.), § 64-1905.
Tenn. Code Ann. § 66-4-204 — TN Code / Title 66 / Chapter 4 / Section 66-4-204
Bona fide sales unimpaired
Status: in_force

This part shall not prevent an absolute and bona fide sale or mortgage of lands or tenements not possessed and held adversely at the time of such sale or mortgage; nor a sale by execution; nor a sale and conveyance by a nonresident of this state, of lands which such nonresident may own, and of which lands no person, at the time of such sale, holds adverse possession by deed, devise, or inheritance. Code 1858, § 1779 (deriv. Acts 1821, ch. 66, § 1); Shan., § 3174; Code 1932, § 7826; T.C.A. (orig. ed.), § 64-409.
This part shall not prevent an absolute and bona fide sale or mortgage of lands or tenements not possessed and held adversely at the time of such sale or mortgage; nor a sale by execution; nor a sale and conveyance by a nonresident of this state, of lands which such nonresident may own, and of which lands no person, at the time of such sale, holds adverse possession by deed, devise, or inheritance.
Code 1858, § 1779 (deriv. Acts 1821, ch. 66, § 1); Shan., § 3174; Code 1932, § 7826; T.C.A. (orig. ed.), § 64-409.
Tenn. Code Ann. § 66-19-204 — TN Code / Title 66 / Chapter 19 / Section 66-19-204
Plaintiffs' bond
Status: in_force

Before issuing process against the boat, the judge or clerk shall take bond, with security, from the plaintiff or complainant, in the penalty of two hundred fifty dollars ($250), payable to the defendant, conditioned to prosecute the suit with effect, or to pay all costs and damages to the defendant, and all claimants subsequently applying to be made parties to the suit shall first be required to sign the bond before being admitted as plaintiffs or complainants. Code 1858, § 3553 (deriv. Acts 1833, ch. 35, § 10); Shan., § 5316; mod. Code 1932, § 7964; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 64-1907.
Before issuing process against the boat, the judge or clerk shall take bond, with security, from the plaintiff or complainant, in the penalty of two hundred fifty dollars ($250), payable to the defendant, conditioned to prosecute the suit with effect, or to pay all costs and damages to the defendant, and all claimants subsequently applying to be made parties to the suit shall first be required to sign the bond before being admitted as plaintiffs or complainants.
Code 1858, § 3553 (deriv. Acts 1833, ch. 35, § 10); Shan., § 5316; mod. Code 1932, § 7964; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 64-1907.
Tenn. Code Ann. § 66-24-115 — TN Code / Title 66 / Chapter 24 / Section 66-24-115
Name of preparer of instrument
Status: in_force

(a) (1) No instrument by which the title to real estate or personal property, or any interest therein, or lien thereon, is conveyed, created, encumbered, assigned or otherwise affected, or disposed of, nor any power of attorney, including, but not limited to, any durable power of attorney for health care, shall be received for record, or filing, by the county register unless the name and address of the person or the governmental agency, if any, that prepared such instrument, appears within the instrument, and such name is either printed, typewritten, stamped, or signed in a legible manner. (2) An instrument will be in compliance with this section if it contains a statement in the following form: "This instrument was prepared by (name) ______________ (address) ______________"; provided, that the receiving for record, or filing, of any such instrument by the county register without complying with this section shall not prevent the instrument from becoming notice as now provided by law. (b) This section does not apply to any instrument executed prior to July 1, 1965, nor to any decree, order, judgment, writ of any court, will or death certificate. (c) This section shall not apply to any Uniform Commercial Code instrument, including instruments intended as or that relate to a fixture filing pursuant to § 47-9-502 . Acts 1965, ch. 363, § 1; T.C.A., § 64-2417; Acts 1999, ch. 105, §§ 1, 2; 2012 , ch. 707, §§ 1, 2.
(a) (1) No instrument by which the title to real estate or personal property, or any interest therein, or lien thereon, is conveyed, created, encumbered, assigned or otherwise affected, or disposed of, nor any power of attorney, including, but not limited to, any durable power of attorney for health care, shall be received for record, or filing, by the county register unless the name and address of the person or the governmental agency, if any, that prepared such instrument, appears within the instrument, and such name is either printed, typewritten, stamped, or signed in a legible manner. (2) An instrument will be in compliance with this section if it contains a statement in the following form: "This instrument was prepared by (name) ______________ (address) ______________"; provided, that the receiving for record, or filing, of any such instrument by the county register without complying with this section shall not prevent the instrument from becoming notice as now provided by law.
(1) No instrument by which the title to real estate or personal property, or any interest therein, or lien thereon, is conveyed, created, encumbered, assigned or otherwise affected, or disposed of, nor any power of attorney, including, but not limited to, any durable power of attorney for health care, shall be received for record, or filing, by the county register unless the name and address of the person or the governmental agency, if any, that prepared such instrument, appears within the instrument, and such name is either printed, typewritten, stamped, or signed in a legible manner.
(2) An instrument will be in compliance with this section if it contains a statement in the following form: "This instrument was prepared by (name) ______________ (address) ______________"; provided, that the receiving for record, or filing, of any such instrument by the county register without complying with this section shall not prevent the instrument from becoming notice as now provided by law.
(b) This section does not apply to any instrument executed prior to July 1, 1965, nor to any decree, order, judgment, writ of any court, will or death certificate.
(c) This section shall not apply to any Uniform Commercial Code instrument, including instruments intended as or that relate to a fixture filing pursuant to § 47-9-502 .
Acts 1965, ch. 363, § 1; T.C.A., § 64-2417; Acts 1999, ch. 105, §§ 1, 2; 2012 , ch. 707, §§ 1, 2.
Tenn. Code Ann. § 66-24-114 — TN Code / Title 66 / Chapter 24 / Section 66-24-114
Names and addresses required on deeds
Status: in_force

No deed of conveyance of real property, except for a deed of trust or mortgage, shall be received for recording by any register of deeds unless there shall be included thereon the name and address of a property owner and the name and address of the person or entity responsible for the payment of the real property taxes. Acts 1973, ch. 287, § 1; 1975, ch. 201, § 1; T.C.A., § 64-2414; Acts 1986, ch. 563, § 1; 1987, ch. 187 § 1.
No deed of conveyance of real property, except for a deed of trust or mortgage, shall be received for recording by any register of deeds unless there shall be included thereon the name and address of a property owner and the name and address of the person or entity responsible for the payment of the real property taxes.
Acts 1973, ch. 287, § 1; 1975, ch. 201, § 1; T.C.A., § 64-2414; Acts 1986, ch. 563, § 1; 1987, ch. 187 § 1.
Tenn. Code Ann. § 66-26-114 — TN Code / Title 66 / Chapter 26 / Section 66-26-114
Correction of omission
Status: in_force

If the omission is a matter of substance, the clerk or other officer, on application of either party interested, may correct such mistake or omission of words in such certificate on any such deed or other instrument. Code 1858, § 2081 (deriv. Acts 1847-1848, ch. 119, § 1); Shan., §3758; Code 1932, § 7670; T.C.A. (orig. ed.), § 64-2614.
If the omission is a matter of substance, the clerk or other officer, on application of either party interested, may correct such mistake or omission of words in such certificate on any such deed or other instrument.
Code 1858, § 2081 (deriv. Acts 1847-1848, ch. 119, § 1); Shan., §3758; Code 1932, § 7670; T.C.A. (orig. ed.), § 64-2614.
Tenn. Code Ann. § 66-34-301 — TN Code / Title 66 / Chapter 34 / Section 66-34-301
Remote contractor entitled to payment from prime contractor
Status: in_force

Performance by a remote contractor in accordance with a written contract with a prime contractor for improvement of real property entitles the remote contractor to payment from the prime contractor. Amended by 2020 Tenn. Acts, ch. 749, s 23, eff. 7/1/2020. Acts 1991, ch. 45, § 1.
Performance by a remote contractor in accordance with a written contract with a prime contractor for improvement of real property entitles the remote contractor to payment from the prime contractor.
Amended by 2020 Tenn. Acts, ch. 749, s 23, eff. 7/1/2020.
Acts 1991, ch. 45, § 1.
Tenn. Code Ann. § 66-28-519 — TN Code / Title 66 / Chapter 28 / Section 66-28-519
Towing of vehicles
Status: in_force

(a) A landlord may have the following vehicles towed or otherwise removed from real property leased or rented by such landlord for residential purposes, upon giving a ten-day written notice by posting the same upon the subject vehicle: (1) A vehicle with one (1) or more flat or missing tires; (2) A vehicle unable to operate under its own power; (3) A vehicle with a missing or broken windshield or more than one (1) broken or missing window; (4) A vehicle with one (1) or more missing fenders or bumpers; or (5) A motor vehicle that has not been in compliance with all applicable local or state laws relative to titling, licensing, operation, and registration for more than thirty (30) days. (b) If the owner of the vehicle is not present, then prior to removing the vehicle pursuant to this section, the person, firm or entity that actually tows the vehicle shall notify local law enforcement of the vehicle identification number (VIN), registration information, license plate number and description of the vehicle. Local law enforcement shall keep a record of all such information which shall be available for public inspection. Acts 1999, ch. 284, § 1; 2011, ch. 244, § 3; 2012, ch. 834, § 1.
(a) A landlord may have the following vehicles towed or otherwise removed from real property leased or rented by such landlord for residential purposes, upon giving a ten-day written notice by posting the same upon the subject vehicle: (1) A vehicle with one (1) or more flat or missing tires; (2) A vehicle unable to operate under its own power; (3) A vehicle with a missing or broken windshield or more than one (1) broken or missing window; (4) A vehicle with one (1) or more missing fenders or bumpers; or (5) A motor vehicle that has not been in compliance with all applicable local or state laws relative to titling, licensing, operation, and registration for more than thirty (30) days.
(1) A vehicle with one (1) or more flat or missing tires;
(2) A vehicle unable to operate under its own power;
(3) A vehicle with a missing or broken windshield or more than one (1) broken or missing window;
(4) A vehicle with one (1) or more missing fenders or bumpers; or
(5) A motor vehicle that has not been in compliance with all applicable local or state laws relative to titling, licensing, operation, and registration for more than thirty (30) days.
(b) If the owner of the vehicle is not present, then prior to removing the vehicle pursuant to this section, the person, firm or entity that actually tows the vehicle shall notify local law enforcement of the vehicle identification number (VIN), registration information, license plate number and description of the vehicle. Local law enforcement shall keep a record of all such information which shall be available for public inspection.
Acts 1999, ch. 284, § 1; 2011, ch. 244, § 3; 2012, ch. 834, § 1.
Tenn. Code Ann. § 66-24-113 — TN Code / Title 66 / Chapter 24 / Section 66-24-113
Metropolitan identification map
Status: in_force

(a) Where any metropolitan government, as defined in § 7-1-101 , has adopted an official property identification map which assigns to each parcel of property a number or other identifying symbol for property within the area of the metropolitan government, every deed offered for recording shall show on its face the number or other identifying symbol of the parcel or parcels, or portions of parcels, being transferred or conveyed. (b) The county register shall not record any deed without such number or symbol appearing thereon, and, if the property is improved, a notation at the end of the legal description of such property indicating that the property is improved, followed by the house and/or street number and post-office address. (c) An official property identification map for the purpose of this section is defined to be a property map or maps, prepared by or for the local government, which identifies all parcels of land, which assigns a number or other identifying symbol to each parcel, which shows names of streets and public ways, and which by appropriate and specific reference thereto has been adopted by the governing body of the metropolitan government as its official property identification map. Acts 1963, ch. 71, § 1; T.C.A., § 64-2413.
(a) Where any metropolitan government, as defined in § 7-1-101 , has adopted an official property identification map which assigns to each parcel of property a number or other identifying symbol for property within the area of the metropolitan government, every deed offered for recording shall show on its face the number or other identifying symbol of the parcel or parcels, or portions of parcels, being transferred or conveyed.
(b) The county register shall not record any deed without such number or symbol appearing thereon, and, if the property is improved, a notation at the end of the legal description of such property indicating that the property is improved, followed by the house and/or street number and post-office address.
(c) An official property identification map for the purpose of this section is defined to be a property map or maps, prepared by or for the local government, which identifies all parcels of land, which assigns a number or other identifying symbol to each parcel, which shows names of streets and public ways, and which by appropriate and specific reference thereto has been adopted by the governing body of the metropolitan government as its official property identification map.
Acts 1963, ch. 71, § 1; T.C.A., § 64-2413.
Tenn. Code Ann. § 66-4-203 — TN Code / Title 66 / Chapter 4 / Section 66-4-203
Dismissal of suit on disclosure of facts
Status: in_force

Any suit at law or equity brought for the recovery of the lands or tenements bargained or contracted for, whether the agreement, sale, bargain, covenant, grant, or promise be executed or executory, shall be forthwith dismissed, with costs, by the court in which such suit may be pending, upon the facts being disclosed. Code 1858, § 1778 (deriv. Acts 1821, ch. 66, § 1); Shan., § 3173; Code 1932, § 7825; T.C.A. (orig. ed.), § 64-408; modified.
Any suit at law or equity brought for the recovery of the lands or tenements bargained or contracted for, whether the agreement, sale, bargain, covenant, grant, or promise be executed or executory, shall be forthwith dismissed, with costs, by the court in which such suit may be pending, upon the facts being disclosed.
Code 1858, § 1778 (deriv. Acts 1821, ch. 66, § 1); Shan., § 3173; Code 1932, § 7825; T.C.A. (orig. ed.), § 64-408; modified.
Tenn. Code Ann. § 66-5-201 — TN Code / Title 66 / Chapter 5 / Section 66-5-201
General provisions
Status: in_force

This part applies only with respect to transfers by sale, exchange, installment land sales contract or lease with option to buy residential real property consisting of not less than one (1) nor more than four (4) dwelling units, including site-built and nonsite-built homes, whether or not the transaction is consummated with the assistance of a licensed real estate broker or salesperson. The disclosure statement referenced in § 66-5-202 is not a warranty of any kind by a seller and is not a substitute for inspections either by the individual purchasers or by a professional home inspector. The disclosure required by this part shall be provided to potential buyers for their exclusive use and may not be relied upon by purchasers in subsequent transfers from the original purchaser who received the property disclosure. The required disclosure shall be given in good faith by the owner or owners of property that is being transferred and shall be subject to the requirements of this part. Acts 1994, ch. 828, § 1; 2000, ch. 771, § 1.
This part applies only with respect to transfers by sale, exchange, installment land sales contract or lease with option to buy residential real property consisting of not less than one (1) nor more than four (4) dwelling units, including site-built and nonsite-built homes, whether or not the transaction is consummated with the assistance of a licensed real estate broker or salesperson. The disclosure statement referenced in § 66-5-202 is not a warranty of any kind by a seller and is not a substitute for inspections either by the individual purchasers or by a professional home inspector. The disclosure required by this part shall be provided to potential buyers for their exclusive use and may not be relied upon by purchasers in subsequent transfers from the original purchaser who received the property disclosure. The required disclosure shall be given in good faith by the owner or owners of property that is being transferred and shall be subject to the requirements of this part.
Acts 1994, ch. 828, § 1; 2000, ch. 771, § 1.
Tenn. Code Ann. § 66-31-107 — TN Code / Title 66 / Chapter 31 / Section 66-31-107
Application of chapter
Status: in_force

(a) This chapter shall apply to all rental agreements entered into or extended or renewed after July 1, 1980. (b) All rental agreements entered into before July 1, 1980, and not extended or renewed after that date, and the rights and duties and interests flowing from them shall remain valid, and may be enforced or terminated in accordance with their terms or as permitted by any other statute or law of this state. Acts 1980, ch. 717, §§ 7, 8; T.C.A., § 64-3107.
(a) This chapter shall apply to all rental agreements entered into or extended or renewed after July 1, 1980.
(b) All rental agreements entered into before July 1, 1980, and not extended or renewed after that date, and the rights and duties and interests flowing from them shall remain valid, and may be enforced or terminated in accordance with their terms or as permitted by any other statute or law of this state.
Acts 1980, ch. 717, §§ 7, 8; T.C.A., § 64-3107.
Tenn. Code Ann. § 66-19-102 — TN Code / Title 66 / Chapter 19 / Section 66-19-102
Duration of lien
Status: in_force

The lien shall be upon and include the conveyance and improvements thereon, and continue for twelve (12) months after the work is finished or repairs made or material furnished and until the final decision of any suit that may be brought within that time for the debt to the contractor, or undertaker, or furnisher, and bind the conveyance and improvements thereon; provided, that the conveyance with improvements thereon has not been transferred in good faith to a purchaser without notice. Acts 1909, ch. 150, § 2; Shan., § 3546a 2; Acts 1919, ch. 55; mod. Code 1932, § 7961; modified; T.C.A. (orig. ed.), § 64-1902.
The lien shall be upon and include the conveyance and improvements thereon, and continue for twelve (12) months after the work is finished or repairs made or material furnished and until the final decision of any suit that may be brought within that time for the debt to the contractor, or undertaker, or furnisher, and bind the conveyance and improvements thereon; provided, that the conveyance with improvements thereon has not been transferred in good faith to a purchaser without notice.
Acts 1909, ch. 150, § 2; Shan., § 3546a 2; Acts 1919, ch. 55; mod. Code 1932, § 7961; modified; T.C.A. (orig. ed.), § 64-1902.
Tenn. Code Ann. § 66-29-104 — TN Code / Title 66 / Chapter 29 / Section 66-29-104
Promulgation of rules
Status: in_force

The treasurer may promulgate rules pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to carry out this part. Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017. Acts 1978, ch. 561, § 3; T.C.A., §§ 64-2903, 66-29-103; Acts 1983, ch. 78, § 4; 1984, ch. 544, § 1; 1986, ch. 539, § 11; 1993, ch. 195, § 1; 1994, ch. 773, §§ 2, 3; 2001, ch. 231, § 1; 2011, ch. 285, § 3.
The treasurer may promulgate rules pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to carry out this part.
Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Acts 1978, ch. 561, § 3; T.C.A., §§ 64-2903, 66-29-103; Acts 1983, ch. 78, § 4; 1984, ch. 544, § 1; 1986, ch. 539, § 11; 1993, ch. 195, § 1; 1994, ch. 773, §§ 2, 3; 2001, ch. 231, § 1; 2011, ch. 285, § 3.
Tenn. Code Ann. § 66-27-113 — TN Code / Title 66 / Chapter 27 / Section 66-27-113
Administrator's books - Examination by co-owners
Status: in_force

(a) The administrator, or the board of administration, or other form of administration specified in the bylaws, shall keep a book with a detailed account, in chronological order, of the receipts and expenditures affecting the building and its administration and specifying the maintenance and repair expenses of the common elements and any other expenses incurred. (b) Both the book and the vouchers accrediting the entries made thereupon shall be available for examination by all the co-owners at convenient hours on working days that shall be set and announced for general knowledge. Acts 1963, ch. 124, § 13; T.C.A., § 64-2713.
(a) The administrator, or the board of administration, or other form of administration specified in the bylaws, shall keep a book with a detailed account, in chronological order, of the receipts and expenditures affecting the building and its administration and specifying the maintenance and repair expenses of the common elements and any other expenses incurred.
(b) Both the book and the vouchers accrediting the entries made thereupon shall be available for examination by all the co-owners at convenient hours on working days that shall be set and announced for general knowledge.
Acts 1963, ch. 124, § 13; T.C.A., § 64-2713.
Tenn. Code Ann. § 66-21-205 — TN Code / Title 66 / Chapter 21 / Section 66-21-205
Applicability of part
Status: in_force

This part applies to federal tax liens and to all other federal lien notices, including certificates of redemption, which, under any act of congress or any regulation adopted pursuant thereto, are required or permitted to be recorded in the same manner as notices of federal tax liens or in the one (1) office designated within the state for the recording of federal liens, and to designate the one (1) office within this state for these purposes. Acts 1927, ch. 56, § 5; mod. Code 1932, § 8033; modified; T.C.A. (orig. ed.), § 64-2114; Acts 1987, ch. 161, § 5; 1991, ch. 60, § 5.
This part applies to federal tax liens and to all other federal lien notices, including certificates of redemption, which, under any act of congress or any regulation adopted pursuant thereto, are required or permitted to be recorded in the same manner as notices of federal tax liens or in the one (1) office designated within the state for the recording of federal liens, and to designate the one (1) office within this state for these purposes.
Acts 1927, ch. 56, § 5; mod. Code 1932, § 8033; modified; T.C.A. (orig. ed.), § 64-2114; Acts 1987, ch. 161, § 5; 1991, ch. 60, § 5.
Tenn. Code Ann. § 66-29-110 — TN Code / Title 66 / Chapter 29 / Section 66-29-110
Presumption of abandonment of stored-value card
Status: in_force

(a) Except as otherwise provided in § 66-29-113 , a stored-value card other than a payroll card or a gift card is presumed abandoned five (5) years after the later of: (1) December 31 of the year in which the card is issued or additional funds are deposited into it; (2) The most recent indication of interest in the card by the apparent owner; or (3) A verification or review of the balance by or on behalf of the apparent owner. (b) The amount abandoned by the owner in a stored-value card is the net card value at the time it is presumed abandoned. Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017. Acts 1978, ch. 561, § 9; T.C.A., §§ 64-2909, 66-29-109; Acts 1984, ch. 544, § 6; 1986, ch. 539, § 16; 1993, ch. 195, § 7; 1996, ch. 642, § 2.
(a) Except as otherwise provided in § 66-29-113 , a stored-value card other than a payroll card or a gift card is presumed abandoned five (5) years after the later of: (1) December 31 of the year in which the card is issued or additional funds are deposited into it; (2) The most recent indication of interest in the card by the apparent owner; or (3) A verification or review of the balance by or on behalf of the apparent owner.
(1) December 31 of the year in which the card is issued or additional funds are deposited into it;
(2) The most recent indication of interest in the card by the apparent owner; or
(3) A verification or review of the balance by or on behalf of the apparent owner.
(b) The amount abandoned by the owner in a stored-value card is the net card value at the time it is presumed abandoned.
Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Acts 1978, ch. 561, § 9; T.C.A., §§ 64-2909, 66-29-109; Acts 1984, ch. 544, § 6; 1986, ch. 539, § 16; 1993, ch. 195, § 7; 1996, ch. 642, § 2.
Tenn. Code Ann. § 66-27-314 — TN Code / Title 66 / Chapter 27 / Section 66-27-314
Monuments as boundaries
Status: in_force

The existing physical boundaries of a unit or the physical boundaries of a unit reconstructed in substantial accordance with the original plats and plans of the unit become its boundaries rather than the metes and bounds expressed in the deed or plat or plan, regardless of settling or lateral movement of the building, or minor variance between boundaries shown on the plats or plans or in the deed and those of the building. This section does not relieve a unit owner of liability in case of the owner's willful misconduct nor relieve a declarant or any other person of liability for failure to adhere to the plats and plans. Acts 2008, ch. 766, § 1.
The existing physical boundaries of a unit or the physical boundaries of a unit reconstructed in substantial accordance with the original plats and plans of the unit become its boundaries rather than the metes and bounds expressed in the deed or plat or plan, regardless of settling or lateral movement of the building, or minor variance between boundaries shown on the plats or plans or in the deed and those of the building. This section does not relieve a unit owner of liability in case of the owner's willful misconduct nor relieve a declarant or any other person of liability for failure to adhere to the plats and plans.
Acts 2008, ch. 766, § 1.
Tenn. Code Ann. § 66-34-601 — TN Code / Title 66 / Chapter 34 / Section 66-34-601
Interest
Status: in_force

Any payment not made in accordance with this chapter accrues interest, from the date due until the date paid, at the rate of interest for delinquent payments provided in written contract or, if no interest rate is specified in a written contract, then one and one-half percent (1.5%) per month. Amended by 2020 Tenn. Acts, ch. 749, s 29, eff. 7/1/2020. Acts 1991, ch. 45, § 1; 2000, ch. 712, § 1.
Any payment not made in accordance with this chapter accrues interest, from the date due until the date paid, at the rate of interest for delinquent payments provided in written contract or, if no interest rate is specified in a written contract, then one and one-half percent (1.5%) per month.
Amended by 2020 Tenn. Acts, ch. 749, s 29, eff. 7/1/2020.
Acts 1991, ch. 45, § 1; 2000, ch. 712, § 1.
Tenn. Code Ann. § 66-24-202 — TN Code / Title 66 / Chapter 24 / Section 66-24-202
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Digitized image" means an electronic document that is created as an electronic copy of a paper document that accurately depicts the information on the paper document and is unalterable; (2) "Document" means information that is: (A) Inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and (B) Eligible to be recorded in the land records maintained by the county register; (3) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities; (4) "Electronic document" means a document that is received by the county register in an electronic form; (5) "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document; (6) "Paper document" means a document that is received by the county register of deeds in a form that is not electronic; (7) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity; (8) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States; and (9) "Wet Signature" means a signature affixed in ink or pencil or other material to a paper document. Acts 2007, ch. 420, § 2.
As used in this part, unless the context otherwise requires:
(1) "Digitized image" means an electronic document that is created as an electronic copy of a paper document that accurately depicts the information on the paper document and is unalterable;
(2) "Document" means information that is: (A) Inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and (B) Eligible to be recorded in the land records maintained by the county register;
(A) Inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and
(B) Eligible to be recorded in the land records maintained by the county register;
(3) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities;
(4) "Electronic document" means a document that is received by the county register in an electronic form;
(5) "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document;
(6) "Paper document" means a document that is received by the county register of deeds in a form that is not electronic;
(7) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity;
(8) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States; and
(9) "Wet Signature" means a signature affixed in ink or pencil or other material to a paper document.
Acts 2007, ch. 420, § 2.
Tenn. Code Ann. § 66-11-107 — TN Code / Title 66 / Chapter 11 / Section 66-11-107
Parity of liens - Priority of laborers' liens
Status: in_force

All liens provided by this chapter, except those of laborers, shall be on a parity, and shall be treated pro rata. All liens of laborers shall be on a parity one with another, and shall have priority over all other liens created by this chapter. Code 1858, § 1984 (deriv. Acts 1845-1846, ch. 118, § 1); Shan., § 3538; mod. Code 1932, § 7926; T.C.A. (orig. ed.), § 64-1107; Acts 2007, ch. 189, § 7.
All liens provided by this chapter, except those of laborers, shall be on a parity, and shall be treated pro rata. All liens of laborers shall be on a parity one with another, and shall have priority over all other liens created by this chapter.
Code 1858, § 1984 (deriv. Acts 1845-1846, ch. 118, § 1); Shan., § 3538; mod. Code 1932, § 7926; T.C.A. (orig. ed.), § 64-1107; Acts 2007, ch. 189, § 7.
Tenn. Code Ann. § 66-27-601 — TN Code / Title 66 / Chapter 27 / Section 66-27-601
Part definitions
Status: in_force

As used in this part: (1) "Dedicatory instrument": (A) Means each document governing the establishment, maintenance, or operation of a residential subdivision, planned unit development, condominium, horizontal property regime, or any similar planned development; and (B) Includes a declaration or similar instrument subjecting real property to: (i) Restrictive covenants, bylaws, or similar instruments governing the administration or operation of a homeowners' association; (ii) Properly adopted rules and regulations of a homeowners' association; or (iii) All lawful amendments to the covenants, bylaws, instruments, rules, or regulations of a homeowners' association; (2) "Homeowners' association" means an incorporated or unincorporated association owned by or whose members consist primarily of the owners of the property covered by the dedicatory instrument and through which the owners, or the board of directors or similar governing body, manage or regulate the residential subdivision, planned unit development, condominium, horizontal property regime, or any similar planned development; and (3) "Restrictive covenant" means any covenant, condition, or restriction contained in a dedicatory instrument, whether mandatory, prohibitive, permissive, or administrative. Added by 2017 Tenn. Acts, ch. 331,s 1, eff. 7/1/2017.
As used in this part:
(1) "Dedicatory instrument": (A) Means each document governing the establishment, maintenance, or operation of a residential subdivision, planned unit development, condominium, horizontal property regime, or any similar planned development; and (B) Includes a declaration or similar instrument subjecting real property to: (i) Restrictive covenants, bylaws, or similar instruments governing the administration or operation of a homeowners' association; (ii) Properly adopted rules and regulations of a homeowners' association; or (iii) All lawful amendments to the covenants, bylaws, instruments, rules, or regulations of a homeowners' association;
(A) Means each document governing the establishment, maintenance, or operation of a residential subdivision, planned unit development, condominium, horizontal property regime, or any similar planned development; and
(B) Includes a declaration or similar instrument subjecting real property to: (i) Restrictive covenants, bylaws, or similar instruments governing the administration or operation of a homeowners' association; (ii) Properly adopted rules and regulations of a homeowners' association; or (iii) All lawful amendments to the covenants, bylaws, instruments, rules, or regulations of a homeowners' association;
(i) Restrictive covenants, bylaws, or similar instruments governing the administration or operation of a homeowners' association;
(ii) Properly adopted rules and regulations of a homeowners' association; or
(iii) All lawful amendments to the covenants, bylaws, instruments, rules, or regulations of a homeowners' association;
(2) "Homeowners' association" means an incorporated or unincorporated association owned by or whose members consist primarily of the owners of the property covered by the dedicatory instrument and through which the owners, or the board of directors or similar governing body, manage or regulate the residential subdivision, planned unit development, condominium, horizontal property regime, or any similar planned development; and
(3) "Restrictive covenant" means any covenant, condition, or restriction contained in a dedicatory instrument, whether mandatory, prohibitive, permissive, or administrative.
Added by 2017 Tenn. Acts, ch. 331,s 1, eff. 7/1/2017.
Tenn. Code Ann. § 66-27-416 — TN Code / Title 66 / Chapter 27 / Section 66-27-416
Liability for judgments and liens
Status: in_force

(a) The liability of a unit owner in an unincorporated association for a judgment against the association shall be limited to the percentage of the judgment equal to the undivided percentage ownership of the unit owner in the common elements. (b) If the association has granted a security interest in the common elements to a creditor of the association pursuant to § 66-27-412 , the holder of that security interest shall exercise its right against the common elements only. (c) Whether perfected before or after the creation of the condominium, if a lien other than a deed of trust or mortgage, including a judgment lien or lien attributable to work performed or materials supplied, becomes effective against two (2) or more units, the unit owner of an affected unit may pay to the lienholder the amount of the lien attributable to the owner's unit, and the lienholder, upon receipt of payment, shall promptly deliver a release of the lien covering that unit. The amount of the payment must be proportionate to the ratio that the unit owner's common expense liability bears to the common expense liabilities of all unit owners whose units are subject to the lien. After payment, the association may not assess or have a lien against that unit owner's unit for any portion of the common expenses incurred in connection with that lien. (d) A judgment against the association must be indexed in the name of the condominium and the association. Acts 2008, ch. 766, § 1.
(a) The liability of a unit owner in an unincorporated association for a judgment against the association shall be limited to the percentage of the judgment equal to the undivided percentage ownership of the unit owner in the common elements.
(b) If the association has granted a security interest in the common elements to a creditor of the association pursuant to § 66-27-412 , the holder of that security interest shall exercise its right against the common elements only.
(c) Whether perfected before or after the creation of the condominium, if a lien other than a deed of trust or mortgage, including a judgment lien or lien attributable to work performed or materials supplied, becomes effective against two (2) or more units, the unit owner of an affected unit may pay to the lienholder the amount of the lien attributable to the owner's unit, and the lienholder, upon receipt of payment, shall promptly deliver a release of the lien covering that unit. The amount of the payment must be proportionate to the ratio that the unit owner's common expense liability bears to the common expense liabilities of all unit owners whose units are subject to the lien. After payment, the association may not assess or have a lien against that unit owner's unit for any portion of the common expenses incurred in connection with that lien.
(d) A judgment against the association must be indexed in the name of the condominium and the association.
Acts 2008, ch. 766, § 1.
Tenn. Code Ann. § 66-9-301 — TN Code / Title 66 / Chapter 9 / Section 66-9-301
Short title
Status: in_force

This part shall be known as the "Conservation Easement Act of 1981." Acts 1981, ch. 361, § 1; T.C.A., § 64-9-301.
This part shall be known as the "Conservation Easement Act of 1981."
Acts 1981, ch. 361, § 1; T.C.A., § 64-9-301.
Tenn. Code Ann. § 66-5-212 — TN Code / Title 66 / Chapter 5 / Section 66-5-212
Disclosure of known percolation tests or soil absorption rates - Disclosure of foundation move - Disclosure of presence of sinkhole
Status: in_force

(a) In addition to any other disclosure required by this part, the seller shall, prior to entering into a contract with a buyer, disclose in the contract itself or in writing, including acknowledgement of receipt, the presence of any known exterior injection well and the results of any known percolation test or soil absorption rate performed on the property that is determined or accepted by the department of environment and conservation. (b) Prior to entering into a contract with a buyer on or after May 20, 2009, the seller shall, where such information is known to the seller, also disclose in the same manner whether any single family residence located on the property has been moved from an existing foundation to another foundation. (c) (1) In addition to any other disclosure required by this part, the seller shall, prior to entering into a contract with a buyer, disclose in the contract or in writing, including acknowledgment of receipt, the presence of a known sinkhole on the property. The disclosure required by this subdivision (c)(1) applies regardless of whether the sinkhole is indicated through the contour lines on the property's recorded plat map. (2) As used in this subsection (c), "sinkhole" means a subterranean void created by the dissolution of limestone or dolostone strata resulting from groundwater erosion, causing a surface subsidence of soil, sediment, or rock. Amended by 2024 Tenn. Acts, ch. 510,s 1, eff. 7/1/2024. Amended by 2015 Tenn. Acts, ch. 262, s 1, eff. 7/1/2015. Acts 2006, ch. 699, § 1; 2007 , ch. 244, § 1; 2009 , ch. 231, § 1.
(a) In addition to any other disclosure required by this part, the seller shall, prior to entering into a contract with a buyer, disclose in the contract itself or in writing, including acknowledgement of receipt, the presence of any known exterior injection well and the results of any known percolation test or soil absorption rate performed on the property that is determined or accepted by the department of environment and conservation.
(b) Prior to entering into a contract with a buyer on or after May 20, 2009, the seller shall, where such information is known to the seller, also disclose in the same manner whether any single family residence located on the property has been moved from an existing foundation to another foundation.
(c) (1) In addition to any other disclosure required by this part, the seller shall, prior to entering into a contract with a buyer, disclose in the contract or in writing, including acknowledgment of receipt, the presence of a known sinkhole on the property. The disclosure required by this subdivision (c)(1) applies regardless of whether the sinkhole is indicated through the contour lines on the property's recorded plat map. (2) As used in this subsection (c), "sinkhole" means a subterranean void created by the dissolution of limestone or dolostone strata resulting from groundwater erosion, causing a surface subsidence of soil, sediment, or rock.
(1) In addition to any other disclosure required by this part, the seller shall, prior to entering into a contract with a buyer, disclose in the contract or in writing, including acknowledgment of receipt, the presence of a known sinkhole on the property. The disclosure required by this subdivision (c)(1) applies regardless of whether the sinkhole is indicated through the contour lines on the property's recorded plat map.
(2) As used in this subsection (c), "sinkhole" means a subterranean void created by the dissolution of limestone or dolostone strata resulting from groundwater erosion, causing a surface subsidence of soil, sediment, or rock.
Amended by 2024 Tenn. Acts, ch. 510,s 1, eff. 7/1/2024.
Amended by 2015 Tenn. Acts, ch. 262, s 1, eff. 7/1/2015.
Acts 2006, ch. 699, § 1; 2007 , ch. 244, § 1; 2009 , ch. 231, § 1.
Tenn. Code Ann. § 66-1-208 — TN Code / Title 66 / Chapter 1 / Section 66-1-208
Application and construction
Status: in_force

This part shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this part among the states enacting it. Acts 1994, ch. 654, § 8.
This part shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this part among the states enacting it.
Acts 1994, ch. 654, § 8.
Tenn. Code Ann. § 66-29-144 — TN Code / Title 66 / Chapter 29 / Section 66-29-144
Purchaser's ownership of property
Status: in_force

A purchaser of property at a sale conducted by the treasurer under this part takes the property free of all claims of the owner, a previous holder, or a person making a claim through the owner or holder. The treasurer shall execute documents necessary to complete the transfer of ownership to the purchaser. Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
A purchaser of property at a sale conducted by the treasurer under this part takes the property free of all claims of the owner, a previous holder, or a person making a claim through the owner or holder. The treasurer shall execute documents necessary to complete the transfer of ownership to the purchaser.
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Tenn. Code Ann. § 66-12-115 — TN Code / Title 66 / Chapter 12 / Section 66-12-115
Priority of landlord's lien
Status: in_force

The lien provided for in § 66-12-113 shall not abridge or interfere with the landlord's lien for rent or supplies, but shall be second to the landlord's lien, and none other. Acts 1879, ch. 15, § 3; Shan., § 3569; Code 1932, § 8016; T.C.A. (orig. ed.), § 64-1215.
The lien provided for in § 66-12-113 shall not abridge or interfere with the landlord's lien for rent or supplies, but shall be second to the landlord's lien, and none other.
Acts 1879, ch. 15, § 3; Shan., § 3569; Code 1932, § 8016; T.C.A. (orig. ed.), § 64-1215.
Tenn. Code Ann. § 66-11-109 — TN Code / Title 66 / Chapter 11 / Section 66-11-109
Priority for other liens not created by this chapter
Status: in_force

Section 66-11-108 shall also apply to any other person claiming a lien not created by this chapter. Code 1858, § 1983 (deriv. Acts 1857-1858, ch. 24, § 2); Shan., § 3537; Code 1932, § 7925; T.C.A. (orig. ed.), § 64-1109; Acts 2007, ch. 189, § 9.
Section 66-11-108 shall also apply to any other person claiming a lien not created by this chapter.
Code 1858, § 1983 (deriv. Acts 1857-1858, ch. 24, § 2); Shan., § 3537; Code 1932, § 7925; T.C.A. (orig. ed.), § 64-1109; Acts 2007, ch. 189, § 9.
Tenn. Code Ann. § 66-28-506 — TN Code / Title 66 / Chapter 28 / Section 66-28-506
Failure of tenant to maintain dwelling
Status: in_force

If there is noncompliance by the tenant with § 66-28-401 materially affecting health and safety that can be remedied by repair, replacement of a damaged item or cleaning, and the tenant fails to comply as promptly as conditions require in case of emergency or within fourteen (14) days after written notice by the landlord specifying the breach and requesting that the tenant remedy it within that period of time, the landlord may enter the dwelling unit and cause the work to be done in a workmanlike manner and submit an itemized bill for the actual and reasonable cost or the fair and reasonable value thereof as rent on the next date when periodic rent is due, or if the rental agreement has terminated, for immediate payment. Acts 1975, ch. 245, § 4.202; T.C.A., § 64-2846.
If there is noncompliance by the tenant with § 66-28-401 materially affecting health and safety that can be remedied by repair, replacement of a damaged item or cleaning, and the tenant fails to comply as promptly as conditions require in case of emergency or within fourteen (14) days after written notice by the landlord specifying the breach and requesting that the tenant remedy it within that period of time, the landlord may enter the dwelling unit and cause the work to be done in a workmanlike manner and submit an itemized bill for the actual and reasonable cost or the fair and reasonable value thereof as rent on the next date when periodic rent is due, or if the rental agreement has terminated, for immediate payment.
Acts 1975, ch. 245, § 4.202; T.C.A., § 64-2846.
Tenn. Code Ann. § 66-11-122 — TN Code / Title 66 / Chapter 11 / Section 66-11-122
Transfer of debt without notice
Status: in_force

This lien shall not pass to any person to whom the debt is transferred without notice of the lien. Code 1858, § 1989 (deriv. Acts 1845-1846, ch. 118, § 2); Shan., § 3545; mod. Code 1932, § 7938; T.C.A. (orig. ed.), § 64-1122; Acts 2007, ch. 189, § 21.
This lien shall not pass to any person to whom the debt is transferred without notice of the lien.
Code 1858, § 1989 (deriv. Acts 1845-1846, ch. 118, § 2); Shan., § 3545; mod. Code 1932, § 7938; T.C.A. (orig. ed.), § 64-1122; Acts 2007, ch. 189, § 21.
Tenn. Code Ann. § 66-8-106 — TN Code / Title 66 / Chapter 8 / Section 66-8-106
Purchase price paid on redemption
Status: in_force

Any debtor whose interest in real estate has been so sold, and is subject to redemption, may redeem the interest by paying to the purchaser, or to anyone claiming under the purchaser, the amount bid or paid by the purchaser, with interest thereon at the current composite prime rate as published by the federal reserve board as of the date of purchase per annum, together with all other lawful charges. Code 1858, § 2126 (deriv. Acts 1820, ch. 11, § 2; 1842 (E.S.), ch. 6, §6); Shan., § 3813; Code 1932, § 7738; T.C.A. (orig. ed.), § 64-806; Acts 1983, ch. 182, § 1.
Any debtor whose interest in real estate has been so sold, and is subject to redemption, may redeem the interest by paying to the purchaser, or to anyone claiming under the purchaser, the amount bid or paid by the purchaser, with interest thereon at the current composite prime rate as published by the federal reserve board as of the date of purchase per annum, together with all other lawful charges.
Code 1858, § 2126 (deriv. Acts 1820, ch. 11, § 2; 1842 (E.S.), ch. 6, §6); Shan., § 3813; Code 1932, § 7738; T.C.A. (orig. ed.), § 64-806; Acts 1983, ch. 182, § 1.
Tenn. Code Ann. § 66-28-514 — TN Code / Title 66 / Chapter 28 / Section 66-28-514
Retaliatory conduct prohibited
Status: in_force

(a) Except as provided in this section, a landlord may not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for possession because the tenant: (1) Has complained to the landlord of a violation under § 66-28-301 ; or (2) Has made use of remedies provided under this chapter. (b) (1) Notwithstanding subsection (a), a landlord may bring an action for possession if: (A) The violation of the applicable building or housing code was caused primarily by lack of reasonable care by the tenant or other person in the tenant's household or upon the premises with the tenant's consent; (B) The tenant is in default in rent; or (C) Compliance with the applicable building or housing code requires alteration, remodeling, or demolition which would effectively deprive the tenant of use of the dwelling unit. (2) The maintenance of the action does not release the landlord from liability under § 66-28-501(b) . Acts 1975, ch. 245, § 5.101; T.C.A., § 64-2854.
(a) Except as provided in this section, a landlord may not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for possession because the tenant: (1) Has complained to the landlord of a violation under § 66-28-301 ; or (2) Has made use of remedies provided under this chapter.
(1) Has complained to the landlord of a violation under § 66-28-301 ; or
(2) Has made use of remedies provided under this chapter.
(b) (1) Notwithstanding subsection (a), a landlord may bring an action for possession if: (A) The violation of the applicable building or housing code was caused primarily by lack of reasonable care by the tenant or other person in the tenant's household or upon the premises with the tenant's consent; (B) The tenant is in default in rent; or (C) Compliance with the applicable building or housing code requires alteration, remodeling, or demolition which would effectively deprive the tenant of use of the dwelling unit. (2) The maintenance of the action does not release the landlord from liability under § 66-28-501(b) .
(1) Notwithstanding subsection (a), a landlord may bring an action for possession if: (A) The violation of the applicable building or housing code was caused primarily by lack of reasonable care by the tenant or other person in the tenant's household or upon the premises with the tenant's consent; (B) The tenant is in default in rent; or (C) Compliance with the applicable building or housing code requires alteration, remodeling, or demolition which would effectively deprive the tenant of use of the dwelling unit.
(A) The violation of the applicable building or housing code was caused primarily by lack of reasonable care by the tenant or other person in the tenant's household or upon the premises with the tenant's consent;
(B) The tenant is in default in rent; or
(C) Compliance with the applicable building or housing code requires alteration, remodeling, or demolition which would effectively deprive the tenant of use of the dwelling unit.
(2) The maintenance of the action does not release the landlord from liability under § 66-28-501(b) .
Acts 1975, ch. 245, § 5.101; T.C.A., § 64-2854.
Tenn. Code Ann. § 66-32-106 — TN Code / Title 66 / Chapter 32 / Section 66-32-106
Instruments for time-share estates
Status: in_force

Project instruments and time-share instruments creating time-share estates must contain the following: (1) The name of the county in which the property is situated; (2) The legal description, street address or other description sufficient to identify the property; (3) Identification of time periods by letter, name, number, or combination thereof; (4) Identification of time-share estates and, where applicable, the method whereby additional time-share estates may be created; (5) The formula, fraction or percentage, of the common expenses and any voting rights assigned to each time-share estate and, where applicable, to each unit in a project that is not subject to the time-share program; (6) Any restrictions on the use, occupancy, alteration or alienation of time-share intervals; (7) The ownership interest, if any, in personal property and provisions for the care, maintenance and replacement of the commonly owned capital improvements and the commonly owned personal property belonging to the time-share estates. Specifically, an escrow or reserve account shall be established for the repair, replacement and maintenance of capital improvements and personal property; and (8) Any other matters the developer deems appropriate. Acts 1981, ch. 372, § 7; T.C.A., § 64-3207; Acts 1989, ch. 65, § 1.
Project instruments and time-share instruments creating time-share estates must contain the following:
(1) The name of the county in which the property is situated;
(2) The legal description, street address or other description sufficient to identify the property;
(3) Identification of time periods by letter, name, number, or combination thereof;
(4) Identification of time-share estates and, where applicable, the method whereby additional time-share estates may be created;
(5) The formula, fraction or percentage, of the common expenses and any voting rights assigned to each time-share estate and, where applicable, to each unit in a project that is not subject to the time-share program;
(6) Any restrictions on the use, occupancy, alteration or alienation of time-share intervals;
(7) The ownership interest, if any, in personal property and provisions for the care, maintenance and replacement of the commonly owned capital improvements and the commonly owned personal property belonging to the time-share estates. Specifically, an escrow or reserve account shall be established for the repair, replacement and maintenance of capital improvements and personal property; and
(8) Any other matters the developer deems appropriate.
Acts 1981, ch. 372, § 7; T.C.A., § 64-3207; Acts 1989, ch. 65, § 1.
Tenn. Code Ann. § 66-28-516 — TN Code / Title 66 / Chapter 28 / Section 66-28-516
Obligation of good faith
Status: in_force

Every duty under this chapter and every act which must be performed as a condition precedent to the exercise of a right or remedy under this chapter imposes an obligation of good faith in its performance or enforcement. Acts 1975, ch. 245, § 1.302; T.C.A., § 64-2856.
Every duty under this chapter and every act which must be performed as a condition precedent to the exercise of a right or remedy under this chapter imposes an obligation of good faith in its performance or enforcement.
Acts 1975, ch. 245, § 1.302; T.C.A., § 64-2856.
Tenn. Code Ann. § 66-11-148 — TN Code / Title 66 / Chapter 11 / Section 66-11-148
Construction of chapter - Jurisdiction of courts to enforce - Errors and omissions
Status: in_force

(a) This chapter is to be construed and applied liberally to secure the beneficial results, intents, and purposes of the chapter. (b) Substantial compliance with this chapter is sufficient for the validity of liens arising under this chapter and to give jurisdiction to the court to enforce the liens. (c) Any document required or permitted to be served, recorded or filed by this chapter that substantially satisfies the applicable requirements of this chapter is effective even if it has nonprejudicial errors or omissions. Acts 2007, ch. 189, § 47.
(a) This chapter is to be construed and applied liberally to secure the beneficial results, intents, and purposes of the chapter.
(b) Substantial compliance with this chapter is sufficient for the validity of liens arising under this chapter and to give jurisdiction to the court to enforce the liens.
(c) Any document required or permitted to be served, recorded or filed by this chapter that substantially satisfies the applicable requirements of this chapter is effective even if it has nonprejudicial errors or omissions.
Acts 2007, ch. 189, § 47.
Tenn. Code Ann. § 66-24-105 — TN Code / Title 66 / Chapter 24 / Section 66-24-105
Marriage settlements
Status: in_force

Deeds for the settlement of personal property, in consideration of marriage, shall be registered in the county where the grantor or bargainor resides. Code 1858, § 2034 (deriv. Acts 1805, ch. 16, § 2); Shan., § 3707; mod. Code 1932, § 7627; T.C.A. (orig. ed.), § 64-2405.
Deeds for the settlement of personal property, in consideration of marriage, shall be registered in the county where the grantor or bargainor resides.
Code 1858, § 2034 (deriv. Acts 1805, ch. 16, § 2); Shan., § 3707; mod. Code 1932, § 7627; T.C.A. (orig. ed.), § 64-2405.
Tenn. Code Ann. § 66-25-211 — TN Code / Title 66 / Chapter 25 / Section 66-25-211
Applicability of this part to certain counties
Status: in_force

This part applies to any county having a population of not less than thirty-two thousand six hundred (32,600) nor more than thirty-two thousand seven hundred (32,700), according to the 1980 federal census or any subsequent federal census. Acts 1990, ch. 902, § 16.
This part applies to any county having a population of not less than thirty-two thousand six hundred (32,600) nor more than thirty-two thousand seven hundred (32,700), according to the 1980 federal census or any subsequent federal census.
Acts 1990, ch. 902, § 16.
Tenn. Code Ann. § 66-9-307 — TN Code / Title 66 / Chapter 9 / Section 66-9-307
Enforcement
Status: in_force

(a) An action affecting any conservation easement granted on or after July 1, 2005, may be brought by: (1) An owner of an interest in the real property burdened by the easement; (2) A holder of the easement; (3) A person having third-party right of enforcement; (4) The attorney general and reporter, if the holder is no longer in existence and there is no third-party right of enforcement; or (5) A person authorized by other law. (b) Conservation easements granted before July 1, 2005, may be enforced by the holders or beneficiaries of the easement, or their bona fide representatives, heirs, or assigns. (c) Conservation easements may be enforced by injunction, proceedings in equity, or actions at law. Acts 1981, ch. 361, § 7; T.C.A., § 64-9-307; Acts 2005, ch. 205, § 4.
(a) An action affecting any conservation easement granted on or after July 1, 2005, may be brought by: (1) An owner of an interest in the real property burdened by the easement; (2) A holder of the easement; (3) A person having third-party right of enforcement; (4) The attorney general and reporter, if the holder is no longer in existence and there is no third-party right of enforcement; or (5) A person authorized by other law.
(1) An owner of an interest in the real property burdened by the easement;
(2) A holder of the easement;
(3) A person having third-party right of enforcement;
(4) The attorney general and reporter, if the holder is no longer in existence and there is no third-party right of enforcement; or
(5) A person authorized by other law.
(b) Conservation easements granted before July 1, 2005, may be enforced by the holders or beneficiaries of the easement, or their bona fide representatives, heirs, or assigns.
(c) Conservation easements may be enforced by injunction, proceedings in equity, or actions at law.
Acts 1981, ch. 361, § 7; T.C.A., § 64-9-307; Acts 2005, ch. 205, § 4.
Tenn. Code Ann. § 66-1-102 — TN Code / Title 66 / Chapter 1 / Section 66-1-102
Estates tail abolished
Status: in_force

Any person seized or possessed of an estate in general or special tail, whether by purchase or descent, shall be held and deemed to be seized and possessed of the same in fee simple, fully and absolutely, without any condition or limitation whatsoever, to that person, that person's heirs and assigns, forever, and shall have full power and authority to sell or devise the same as such person thinks proper; and such estate shall descend under the same rules as other estates in fee simple. Code 1858, § 2007 (deriv. Acts 1784 (Apr.), ch. 22, § 5); Shan., § 3673; Code 1932, § 7599; T.C.A. (orig. ed.), § 64-102.
Any person seized or possessed of an estate in general or special tail, whether by purchase or descent, shall be held and deemed to be seized and possessed of the same in fee simple, fully and absolutely, without any condition or limitation whatsoever, to that person, that person's heirs and assigns, forever, and shall have full power and authority to sell or devise the same as such person thinks proper; and such estate shall descend under the same rules as other estates in fee simple.
Code 1858, § 2007 (deriv. Acts 1784 (Apr.), ch. 22, § 5); Shan., § 3673; Code 1932, § 7599; T.C.A. (orig. ed.), § 64-102.
Tenn. Code Ann. § 66-29-163 — TN Code / Title 66 / Chapter 29 / Section 66-29-163
Request for intervention - Conference
Status: in_force

(a) If a person subject to examination under § 66-29-157 believes the person conducting the examination has made an unreasonable or unauthorized request or is not proceeding expeditiously to complete the examination, the person in a record may ask the treasurer to intervene and take remedial action as the circumstances may require, including countermanding the request of the person conducting the examination, imposing a time limit for completion of the examination, or reassigning the examination to another person. (b) If a person in a record requests a conference with the treasurer to present matters that are the basis of a request for intervention under subsection (a), the treasurer shall hold the conference not later than thirty (30) days after receiving the request. The treasurer may hold the conference in person, by telephone, or by electronic means. The treasurer may designate an employee of the treasurer to hold the conference under this subsection (b). (c) If a conference is held under subsection (b), the treasurer, or the treasurer's designee, shall provide a report in a record of the conference to the person that requested the conference not later than thirty (30) days after the conference. Added by 2017 Tenn. Acts, ch. 457, s 1, eff. 7/1/2017.
(a) If a person subject to examination under § 66-29-157 believes the person conducting the examination has made an unreasonable or unauthorized request or is not proceeding expeditiously to complete the examination, the person in a record may ask the treasurer to intervene and take remedial action as the circumstances may require, including countermanding the request of the person conducting the examination, imposing a time limit for completion of the examination, or reassigning the examination to another person.
(b) If a person in a record requests a conference with the treasurer to present matters that are the basis of a request for intervention under subsection (a), the treasurer shall hold the conference not later than thirty (30) days after receiving the request. The treasurer may hold the conference in person, by telephone, or by electronic means. The treasurer may designate an employee of the treasurer to hold the conference under this subsection (b).
(c) If a conference is held under subsection (b), the treasurer, or the treasurer's designee, shall provide a report in a record of the conference to the person that requested the conference not later than thirty (30) days after the conference.
Added by 2017 Tenn. Acts, ch. 457, s 1, eff. 7/1/2017.
Tenn. Code Ann. § 66-17-102 — TN Code / Title 66 / Chapter 17 / Section 66-17-102
Time of attachment
Status: in_force

The lien shall attach in all cases where a liability has been created, without regard to the time of such board or lodging. Acts 1879, ch. 109, § 1; Shan., § 3591; Code 1932, § 8013; T.C.A. (orig. ed.), § 64-1702.
The lien shall attach in all cases where a liability has been created, without regard to the time of such board or lodging.
Acts 1879, ch. 109, § 1; Shan., § 3591; Code 1932, § 8013; T.C.A. (orig. ed.), § 64-1702.
Tenn. Code Ann. § 66-32-108 — TN Code / Title 66 / Chapter 32 / Section 66-32-108
Developer control
Status: in_force

(a) The time-share instruments for a time-share estate program may provide for a "developer control period," during which the developer or a managing agent selected by the developer may manage the time-share program and the units in the time-share program. (b) If the time-share instruments for a time-share estate program provide for the establishment of a developer control period, they shall ordinarily include provisions for the following: (1) Termination of the developer control period by action of the association; (2) Termination of contracts for goods and services for the time-share program or for units in the time-share program entered into during the developer control period; and (3) A regular accounting by the developer to the association as to all matters that significantly affect the interests of owners in the time-share program. Acts 1981, ch. 372, § 9; T.C.A., § 64-3209.
(a) The time-share instruments for a time-share estate program may provide for a "developer control period," during which the developer or a managing agent selected by the developer may manage the time-share program and the units in the time-share program.
(b) If the time-share instruments for a time-share estate program provide for the establishment of a developer control period, they shall ordinarily include provisions for the following: (1) Termination of the developer control period by action of the association; (2) Termination of contracts for goods and services for the time-share program or for units in the time-share program entered into during the developer control period; and (3) A regular accounting by the developer to the association as to all matters that significantly affect the interests of owners in the time-share program.
(1) Termination of the developer control period by action of the association;
(2) Termination of contracts for goods and services for the time-share program or for units in the time-share program entered into during the developer control period; and
(3) A regular accounting by the developer to the association as to all matters that significantly affect the interests of owners in the time-share program.
Acts 1981, ch. 372, § 9; T.C.A., § 64-3209.
Tenn. Code Ann. § 66-23-104 — TN Code / Title 66 / Chapter 23 / Section 66-23-104
One witness competent
Status: in_force

If all the subscribing witnesses are dead, insane, blind, or deaf or hard of hearing, except one (1), that witness may prove the execution of the instrument before the clerk or deputy clerk of the county, the handwriting of the other witness being proved by some other person. Amended by 2022 Tenn. Acts, ch. 642, s 1, eff. 3/11/2022. Code 1858, § 2055 (deriv. Acts 1831, ch. 90, § 10); Shan., §3730; mod. Code 1932, § 7645; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 64-2304.
If all the subscribing witnesses are dead, insane, blind, or deaf or hard of hearing, except one (1), that witness may prove the execution of the instrument before the clerk or deputy clerk of the county, the handwriting of the other witness being proved by some other person.
Amended by 2022 Tenn. Acts, ch. 642, s 1, eff. 3/11/2022.
Code 1858, § 2055 (deriv. Acts 1831, ch. 90, § 10); Shan., §3730; mod. Code 1932, § 7645; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 64-2304.
Tenn. Code Ann. § 66-24-121 — TN Code / Title 66 / Chapter 24 / Section 66-24-121
Name, address and license number of surveyor required on certain instruments for registration - Exceptions - Failure to comply
Status: in_force

(a) No deed of conveyance of real property, except for a deed of trust or mortgage, shall be prepared unless there is included at the end of the legal description the name, license number and address of the surveyor who prepared the boundary survey from which the description was prepared. However, if no boundary survey was made at the time of conveyance and the legal description is different from the previous deed of record, the source of the new description shall be indicated. If the legal description is the same as in the previous deed of record, it shall be so stated. (b) A failure to comply with the requirements of this section shall not affect the validity of the registration of any registered instrument. Acts 1991, ch. 432, § 1, 2.
(a) No deed of conveyance of real property, except for a deed of trust or mortgage, shall be prepared unless there is included at the end of the legal description the name, license number and address of the surveyor who prepared the boundary survey from which the description was prepared. However, if no boundary survey was made at the time of conveyance and the legal description is different from the previous deed of record, the source of the new description shall be indicated. If the legal description is the same as in the previous deed of record, it shall be so stated.
(b) A failure to comply with the requirements of this section shall not affect the validity of the registration of any registered instrument.
Acts 1991, ch. 432, § 1, 2.
Tenn. Code Ann. § 66-32-125 — TN Code / Title 66 / Chapter 32 / Section 66-32-125
Effective date of registration - Incomplete or inadequate application
Status: in_force

(a) Except as otherwise provided in this section, the effective date of the registration, or any amendment thereto, shall be the forty-fifth day after the filing thereof or such earlier date as the commission may determine, having due regard to the public interest and the protection of purchasers. If any amendment to any such registration is filed prior to the effective date, the registration shall be deemed to have been filed when such amendment was filed. (b) If it appears to the commission that the application for registration, or any amendment thereto, is on its face incomplete or inaccurate in any material respect, the commission shall so advise the developer prior to the date the registration would otherwise be effective. Such notification shall serve to suspend the effective date of the filing until the forty-fifth day after the developer files such additional information as the commission shall require. Any developer, upon receipt of such notice of suspension, may request a hearing. Acts 1981, ch. 372, § 26; T.C.A., § 64-3226.
(a) Except as otherwise provided in this section, the effective date of the registration, or any amendment thereto, shall be the forty-fifth day after the filing thereof or such earlier date as the commission may determine, having due regard to the public interest and the protection of purchasers. If any amendment to any such registration is filed prior to the effective date, the registration shall be deemed to have been filed when such amendment was filed.
(b) If it appears to the commission that the application for registration, or any amendment thereto, is on its face incomplete or inaccurate in any material respect, the commission shall so advise the developer prior to the date the registration would otherwise be effective. Such notification shall serve to suspend the effective date of the filing until the forty-fifth day after the developer files such additional information as the commission shall require. Any developer, upon receipt of such notice of suspension, may request a hearing.
Acts 1981, ch. 372, § 26; T.C.A., § 64-3226.
Tenn. Code Ann. § 66-21-109 — TN Code / Title 66 / Chapter 21 / Section 66-21-109
Certified copies of records as evidence
Status: in_force

A copy of the abstract, memorandum or copy, as released or unreleased, certified by the register, shall be received as evidence in any court or tribunal. Acts 1897, ch. 96, § 5; Shan., § 4714a5; mod. Code 1932, § 8065; T.C.A. (orig. ed.), § 64-2109.
A copy of the abstract, memorandum or copy, as released or unreleased, certified by the register, shall be received as evidence in any court or tribunal.
Acts 1897, ch. 96, § 5; Shan., § 4714a5; mod. Code 1932, § 8065; T.C.A. (orig. ed.), § 64-2109.
Tenn. Code Ann. § 66-9-205 — TN Code / Title 66 / Chapter 9 / Section 66-9-205
Easement to run with the land - Abandonment of easement
Status: in_force

A solar easement shall be presumed to run with the land or lands benefited and burdened, unless the parties to the easement provide otherwise in writing, and shall be deemed to pass with the property when title is transferred unless stated to the contrary in § 66-9-204(a)(3) . Any solar easements granted under this part may be abandoned in the same manner as other easements as provided by law. Acts 1979, ch. 259, § 5; T.C.A., § 64-9-205.
A solar easement shall be presumed to run with the land or lands benefited and burdened, unless the parties to the easement provide otherwise in writing, and shall be deemed to pass with the property when title is transferred unless stated to the contrary in § 66-9-204(a)(3) . Any solar easements granted under this part may be abandoned in the same manner as other easements as provided by law.
Acts 1979, ch. 259, § 5; T.C.A., § 64-9-205.
Tenn. Code Ann. § 66-29-165 — TN Code / Title 66 / Chapter 29 / Section 66-29-165
Report by treasurer
Status: in_force

(a) Not later than four (4) months after the end of a fiscal year, the treasurer shall compile and submit a report to the governor, comptroller of the treasury, speaker of the senate, and speaker of the house of representatives which must contain the following information for the immediately preceding fiscal year: (1) The total amount and value of all property paid or delivered to the treasurer under this part, separated into: (A) The amount voluntarily paid or delivered; and (B) The amount paid or delivered as a result of an examination under § 66-29-157 , which amount must be separated into the amount recovered as a result of an examination conducted by: (i) A state employee; and (ii) A person under contract under § 66-29-164 ; (2) The name and amount paid to each contractor under § 66-29-164 and the percentage the total compensation paid to all contractors under § 66-29-164 bears to the total value of all property paid or delivered to the treasurer as a result of examinations; (3) The total amount and value of all property paid or delivered by the treasurer to persons that made claims for property held by the treasurer and the percentage the total payments made, or value of property paid or delivered, to claimants bears to the total value of property paid or delivered to the treasurer; and (4) The total amount of: (A) Claims made by persons claiming to be owners which were denied; (B) Claims made by persons claiming to be owners which were approved; and (C) Funds received and the value of property held by the treasurer subject to claims of owners. (b) The report submitted by the treasurer under subsection (a) is a public record subject to public disclosure without redaction under title 10, chapter 7, part 5. Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
(a) Not later than four (4) months after the end of a fiscal year, the treasurer shall compile and submit a report to the governor, comptroller of the treasury, speaker of the senate, and speaker of the house of representatives which must contain the following information for the immediately preceding fiscal year: (1) The total amount and value of all property paid or delivered to the treasurer under this part, separated into: (A) The amount voluntarily paid or delivered; and (B) The amount paid or delivered as a result of an examination under § 66-29-157 , which amount must be separated into the amount recovered as a result of an examination conducted by: (i) A state employee; and (ii) A person under contract under § 66-29-164 ; (2) The name and amount paid to each contractor under § 66-29-164 and the percentage the total compensation paid to all contractors under § 66-29-164 bears to the total value of all property paid or delivered to the treasurer as a result of examinations; (3) The total amount and value of all property paid or delivered by the treasurer to persons that made claims for property held by the treasurer and the percentage the total payments made, or value of property paid or delivered, to claimants bears to the total value of property paid or delivered to the treasurer; and (4) The total amount of: (A) Claims made by persons claiming to be owners which were denied; (B) Claims made by persons claiming to be owners which were approved; and (C) Funds received and the value of property held by the treasurer subject to claims of owners.
(1) The total amount and value of all property paid or delivered to the treasurer under this part, separated into: (A) The amount voluntarily paid or delivered; and (B) The amount paid or delivered as a result of an examination under § 66-29-157 , which amount must be separated into the amount recovered as a result of an examination conducted by: (i) A state employee; and (ii) A person under contract under § 66-29-164 ;
(A) The amount voluntarily paid or delivered; and
(B) The amount paid or delivered as a result of an examination under § 66-29-157 , which amount must be separated into the amount recovered as a result of an examination conducted by: (i) A state employee; and (ii) A person under contract under § 66-29-164 ;
(i) A state employee; and
(ii) A person under contract under § 66-29-164 ;
(2) The name and amount paid to each contractor under § 66-29-164 and the percentage the total compensation paid to all contractors under § 66-29-164 bears to the total value of all property paid or delivered to the treasurer as a result of examinations;
(3) The total amount and value of all property paid or delivered by the treasurer to persons that made claims for property held by the treasurer and the percentage the total payments made, or value of property paid or delivered, to claimants bears to the total value of property paid or delivered to the treasurer; and
(4) The total amount of: (A) Claims made by persons claiming to be owners which were denied; (B) Claims made by persons claiming to be owners which were approved; and (C) Funds received and the value of property held by the treasurer subject to claims of owners.
(A) Claims made by persons claiming to be owners which were denied;
(B) Claims made by persons claiming to be owners which were approved; and
(C) Funds received and the value of property held by the treasurer subject to claims of owners.
(b) The report submitted by the treasurer under subsection (a) is a public record subject to public disclosure without redaction under title 10, chapter 7, part 5.
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Tenn. Code Ann. § 66-11-203 — TN Code / Title 66 / Chapter 11 / Section 66-11-203
Notice to owner
Status: in_force

Any contractor who is about to enter into a contract, either written or oral, for improving residential real property, as that term is defined by § 66-11-146 , with the owner or owners thereof shall, prior to commencing the improvement of the residential real property or making of the contract, deliver, by registered mail or otherwise, to the owner or owners of the residential real property to be improved written notice in substantially the following form: Delivered this ____________________ day of ____________________, 20____________________, by ______________, Contractor. The above-captioned contractor hereby gives notice to the owner of the property to be improved, that the contractor is about to begin improving the property according to the terms and conditions of the contract and that under the provisions of the state law (§§ 66-11-101 - 66-11-141) there shall be a lien upon the real property and building for the improvements made in favor of the above-mentioned contractor who does the work or furnishes the materials for such improvements for a duration of one (1) year after the work is finished or materials furnished. ____________________ Contractor Amended by 2020 Tenn. Acts, ch. 749, s 12, eff. 7/1/2020. Acts 1975, ch. 364, § 3; 1977, ch. 456, § 1; T.C.A., § 64-1154; Acts 1994, ch. 587, § 1.
Any contractor who is about to enter into a contract, either written or oral, for improving residential real property, as that term is defined by § 66-11-146 , with the owner or owners thereof shall, prior to commencing the improvement of the residential real property or making of the contract, deliver, by registered mail or otherwise, to the owner or owners of the residential real property to be improved written notice in substantially the following form:
Delivered this ____________________ day of ____________________, 20____________________, by ______________, Contractor.
The above-captioned contractor hereby gives notice to the owner of the property to be improved, that the contractor is about to begin improving the property according to the terms and conditions of the contract and that under the provisions of the state law (§§ 66-11-101 - 66-11-141) there shall be a lien upon the real property and building for the improvements made in favor of the above-mentioned contractor who does the work or furnishes the materials for such improvements for a duration of one (1) year after the work is finished or materials furnished.
____________________ Contractor
Amended by 2020 Tenn. Acts, ch. 749, s 12, eff. 7/1/2020.
Acts 1975, ch. 364, § 3; 1977, ch. 456, § 1; T.C.A., § 64-1154; Acts 1994, ch. 587, § 1.
Tenn. Code Ann. § 66-21-103 — TN Code / Title 66 / Chapter 21 / Section 66-21-103
Form and contents of lien book
Status: in_force

(a) The register shall enter in the notebook the time of reception, and record in the lien book or a combined lien book, all abstracts, memoranda or certified copies of judgments, decrees, lis pendens, mechanics' or furnishers' liens, and such other liens as are required or authorized to be recorded. The register shall also enter in the notebook the time of reception of the release of any lien of record and record the release in the lien book. (b) The register shall index the recordings of liens and releases and shall note the nature of the lien in the index. The register shall have discretion to maintain a separate direct and reverse index, or to combine the index with the federal lien direct and reverse index or to combine it with the other indexes of the office in a master direct and reverse index. Code 1932, § 8059; T.C.A. (orig. ed.), § 64-2103; Acts 1988, ch. 636, § 7.
(a) The register shall enter in the notebook the time of reception, and record in the lien book or a combined lien book, all abstracts, memoranda or certified copies of judgments, decrees, lis pendens, mechanics' or furnishers' liens, and such other liens as are required or authorized to be recorded. The register shall also enter in the notebook the time of reception of the release of any lien of record and record the release in the lien book.
(b) The register shall index the recordings of liens and releases and shall note the nature of the lien in the index. The register shall have discretion to maintain a separate direct and reverse index, or to combine the index with the federal lien direct and reverse index or to combine it with the other indexes of the office in a master direct and reverse index.
Code 1932, § 8059; T.C.A. (orig. ed.), § 64-2103; Acts 1988, ch. 636, § 7.
Tenn. Code Ann. § 66-8-104 — TN Code / Title 66 / Chapter 8 / Section 66-8-104
Timber on land subject to redemption - Waste
Status: in_force

No person holding the temporary title to real estate, subject to redemption, shall use more of the wood growing thereon than the timber required to keep the improvements in good repair, and firewood necessary for those occupying the same; nor shall that person destroy or remove from the land any fencing or buildings. Code 1858, § 2133 (deriv. Acts 1843-1844, ch. 170, § 1); Shan., §3820; Code 1932, § 7745; T.C.A. (orig. ed.), § 64-804.
No person holding the temporary title to real estate, subject to redemption, shall use more of the wood growing thereon than the timber required to keep the improvements in good repair, and firewood necessary for those occupying the same; nor shall that person destroy or remove from the land any fencing or buildings.
Code 1858, § 2133 (deriv. Acts 1843-1844, ch. 170, § 1); Shan., §3820; Code 1932, § 7745; T.C.A. (orig. ed.), § 64-804.
Tenn. Code Ann. § 66-5-102 — TN Code / Title 66 / Chapter 5 / Section 66-5-102
Mineral estates in coal
Status: in_force

(a) In any instrument heretofore or hereafter executed purporting to sever the surface and mineral estates which does not describe the manner or method of mineral extraction in express and specific terms, it shall be presumed that the intention of the parties to the instrument was that the minerals be extracted only in the principal manner and method of mineral extraction prevailing in this state at the time the instrument was executed. (b) This section is not intended to exclude evidence that would otherwise be admissible to show the intentions of the parties. (c) This section shall only apply to mineral estates in coal. Acts 1977, ch. 164, §§ 3, 4; T.C.A. (orig. ed.), § 64-511.
(a) In any instrument heretofore or hereafter executed purporting to sever the surface and mineral estates which does not describe the manner or method of mineral extraction in express and specific terms, it shall be presumed that the intention of the parties to the instrument was that the minerals be extracted only in the principal manner and method of mineral extraction prevailing in this state at the time the instrument was executed.
(b) This section is not intended to exclude evidence that would otherwise be admissible to show the intentions of the parties.
(c) This section shall only apply to mineral estates in coal.
Acts 1977, ch. 164, §§ 3, 4; T.C.A. (orig. ed.), § 64-511.
Tenn. Code Ann. § 66-19-206 — TN Code / Title 66 / Chapter 19 / Section 66-19-206
Retention of possession by sheriff
Status: in_force

The sheriff, after seizing the property, shall retain possession of it until the termination of the action, unless bond and security are given in a penalty as prescribed by statute, payable to the plaintiff or complainant conditioned to abide by and perform the judgment of the court. Code 1858, § 3555 (deriv. Acts 1833, ch. 35, § 3); Shan., § 5318; mod. Code 1932, § 7966; T.C.A. (orig. ed.), § 64-1909.
The sheriff, after seizing the property, shall retain possession of it until the termination of the action, unless bond and security are given in a penalty as prescribed by statute, payable to the plaintiff or complainant conditioned to abide by and perform the judgment of the court.
Code 1858, § 3555 (deriv. Acts 1833, ch. 35, § 3); Shan., § 5318; mod. Code 1932, § 7966; T.C.A. (orig. ed.), § 64-1909.
Tenn. Code Ann. § 66-19-203 — TN Code / Title 66 / Chapter 19 / Section 66-19-203
Joinder of plaintiffs in suit
Status: in_force

Any two (2) or more of such creditors or claimants may join in the same warrant; and any such who has not joined may be made a party plaintiff in the suit, on motion, before the trial; and in such case the party shall be liable in all things, just as the party would have been had the party originally joined in the suit. Code 1858, § 3557 (deriv. Acts 1833, ch. 35, § 5); Shan., § 5320; mod. Code 1932, § 7967; T.C.A. (orig. ed.), § 64-1906.
Any two (2) or more of such creditors or claimants may join in the same warrant; and any such who has not joined may be made a party plaintiff in the suit, on motion, before the trial; and in such case the party shall be liable in all things, just as the party would have been had the party originally joined in the suit.
Code 1858, § 3557 (deriv. Acts 1833, ch. 35, § 5); Shan., § 5320; mod. Code 1932, § 7967; T.C.A. (orig. ed.), § 64-1906.
Tenn. Code Ann. § 66-8-107 — TN Code / Title 66 / Chapter 8 / Section 66-8-107
Advance on bid by purchasing creditor
Status: in_force

If the purchaser is a bona fide creditor by judgment, decree, or debt acknowledged by deed, and, within twenty (20) days after the sale, the purchaser makes an advance on the purchaser's bid, and credits the purchaser's debt by depositing a receipt therefor with the clerk of the court in which the judgment or decree was rendered, or, if the sale was under a deed of trust or mortgage, the purchaser acknowledges a receipt for such advance before the county clerk for registration, and causes the same to be registered in the county where the land lies, then the purchaser shall hold the property subject to redemption at the price bid and such an advance, just as if the whole sum had been bid at the time of the sale. Code 1858, § 2127 (deriv. Acts 1820, ch. 11, § 4; 1842 (E.S.), ch. 6, §§ 6, 7); Shan., §3814; Code 1932, §7739; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 64-807.
If the purchaser is a bona fide creditor by judgment, decree, or debt acknowledged by deed, and, within twenty (20) days after the sale, the purchaser makes an advance on the purchaser's bid, and credits the purchaser's debt by depositing a receipt therefor with the clerk of the court in which the judgment or decree was rendered, or, if the sale was under a deed of trust or mortgage, the purchaser acknowledges a receipt for such advance before the county clerk for registration, and causes the same to be registered in the county where the land lies, then the purchaser shall hold the property subject to redemption at the price bid and such an advance, just as if the whole sum had been bid at the time of the sale.
Code 1858, § 2127 (deriv. Acts 1820, ch. 11, § 4; 1842 (E.S.), ch. 6, §§ 6, 7); Shan., §3814; Code 1932, §7739; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 64-807.
Tenn. Code Ann. § 66-27-106 — TN Code / Title 66 / Chapter 27 / Section 66-27-106
Owner's rights - Exclusive and common
Status: in_force

(a) An apartment owner shall have an exclusive ownership to the apartment and shall have a common right to share, with other co-owners, in the common elements of the property. Each co-owner may use the elements held in common in accordance with the purpose for which they are intended. (b) If a condominium owner is in compliance with the master deed and by-laws, the charter, and any rules and regulations of the horizontal property regime, then the council of co-owners may not deny that condominium owner use and enjoyment of the general common elements of the property. Acts 1963, ch. 124, § 6; T.C.A., § 64-2706; Acts 2005, ch. 240, § 1.
(a) An apartment owner shall have an exclusive ownership to the apartment and shall have a common right to share, with other co-owners, in the common elements of the property. Each co-owner may use the elements held in common in accordance with the purpose for which they are intended.
(b) If a condominium owner is in compliance with the master deed and by-laws, the charter, and any rules and regulations of the horizontal property regime, then the council of co-owners may not deny that condominium owner use and enjoyment of the general common elements of the property.
Acts 1963, ch. 124, § 6; T.C.A., § 64-2706; Acts 2005, ch. 240, § 1.
Tenn. Code Ann. § 66-27-123 — TN Code / Title 66 / Chapter 27 / Section 66-27-123
Notice to tenant of intent to convert rental units to units for sale
Status: in_force

(a) All owners or lessors of buildings, apartments, rooms, office spaces, or other units, all of which terms in this section shall be referred to as units or unit, which are presently being occupied by one (1) or more persons under a lease or other rental agreement, shall give each tenant at least two (2) months' actual notice of such owner's or lessor's intent to convert such tenant's unit from a rental unit to a condominium, condominium project or other unit which is offered or proposed to be offered for sale. The notice shall specify that the tenant has the right to continue renting such unit at the same rental rate until the expiration of the two-month notice period required by this section. (b) No sale of a unit which was converted from a rental unit to a unit offered for sale to a person other than the tenant last renting such unit shall be valid unless such tenant has received two (2) months' actual notice of the owner's or lessor's intent to convert such unit. This provision shall apply regardless of whether the tenant's lease or other rental agreement expires prior to the end of the two-month notice period. (c) If an owner or lessor converts a rental unit to a unit offered for sale without giving the tenant of such unit at least two (2) months' actual notice of the conversion, such tenant may elect to remain, with or without a lease, in the unit at the same rental rate until the expiration of a two-month period from the date the tenant received such actual notice or the tenant may vacate the unit immediately upon receiving such actual notice and the owner or lessor shall pay such tenant all reasonable expenses incurred in moving to another location. If a tenant is in a position to make the election provided by this subsection (c) and does not vacate the premises immediately, the owner or lessor shall not be obligated to pay the tenant's moving expenses. The election provided by this subsection (c) shall apply regardless of whether the tenant's lease or other rental agreement has or would have expired prior to the end of the two-month notice period. (d) If it is necessary for a tenant to institute a court action to enforce this section and the tenant is the prevailing party, the court shall require the owner or lessor to reimburse the tenant for all reasonable costs incurred in bringing such action, including attorney fees, and shall tax all court costs against the owner or lessor. (e) This section shall apply to all units which are converted from rental units to units offered for sale on or after December 1, 1979; provided, that this section shall apply only to Class 1 and Class 2 counties as established by § 8-24-101 . Acts 1979, ch. 293, §§ 1-3; T.C.A., § 64-2723.
(a) All owners or lessors of buildings, apartments, rooms, office spaces, or other units, all of which terms in this section shall be referred to as units or unit, which are presently being occupied by one (1) or more persons under a lease or other rental agreement, shall give each tenant at least two (2) months' actual notice of such owner's or lessor's intent to convert such tenant's unit from a rental unit to a condominium, condominium project or other unit which is offered or proposed to be offered for sale. The notice shall specify that the tenant has the right to continue renting such unit at the same rental rate until the expiration of the two-month notice period required by this section.
(b) No sale of a unit which was converted from a rental unit to a unit offered for sale to a person other than the tenant last renting such unit shall be valid unless such tenant has received two (2) months' actual notice of the owner's or lessor's intent to convert such unit. This provision shall apply regardless of whether the tenant's lease or other rental agreement expires prior to the end of the two-month notice period.
(c) If an owner or lessor converts a rental unit to a unit offered for sale without giving the tenant of such unit at least two (2) months' actual notice of the conversion, such tenant may elect to remain, with or without a lease, in the unit at the same rental rate until the expiration of a two-month period from the date the tenant received such actual notice or the tenant may vacate the unit immediately upon receiving such actual notice and the owner or lessor shall pay such tenant all reasonable expenses incurred in moving to another location. If a tenant is in a position to make the election provided by this subsection (c) and does not vacate the premises immediately, the owner or lessor shall not be obligated to pay the tenant's moving expenses. The election provided by this subsection (c) shall apply regardless of whether the tenant's lease or other rental agreement has or would have expired prior to the end of the two-month notice period.
(d) If it is necessary for a tenant to institute a court action to enforce this section and the tenant is the prevailing party, the court shall require the owner or lessor to reimburse the tenant for all reasonable costs incurred in bringing such action, including attorney fees, and shall tax all court costs against the owner or lessor.
(e) This section shall apply to all units which are converted from rental units to units offered for sale on or after December 1, 1979; provided, that this section shall apply only to Class 1 and Class 2 counties as established by § 8-24-101 .
Acts 1979, ch. 293, §§ 1-3; T.C.A., § 64-2723.
Tenn. Code Ann. § 66-5-202 — TN Code / Title 66 / Chapter 5 / Section 66-5-202
Required disclosures or disclaimers
Status: in_force

With regard to transfers described in § 66-5-201 , the owner of the residential property shall furnish to a purchaser one of the following: (1) A residential property disclosure statement in the form provided in this part regarding the condition of the property, including any material defects known to the owner. Such disclosure form may be as included in this part and must include all items listed on the disclosure form required pursuant to this part. The disclosure form shall contain a notice to prospective purchasers and owners that the prospective purchaser and the owner may wish to obtain professional advice or inspections of the property. The disclosure form shall also contain a notice to purchasers that the information contained in the disclosure are the representations of the owner and are not the representations of the real estate licensee or sales person, if any. The owner shall not be required to undertake or provide any independent investigation or inspection of the property in order to make the disclosures required by this part; or (2) A residential property disclaimer statement stating that the owner makes no representations or warranties as to the condition of the real property or any improvements thereon and that purchaser will be receiving the real property "as is," that is, with all defects which may exist, if any, except as otherwise provided in the real estate purchase contract. A disclaimer statement may only be permitted where the purchaser waives the required disclosure under subdivision (1). If the purchaser does not waive the required disclosure under this part, the disclosure statement described in subdivision (1) shall be provided in accordance with the requirements of this part. Acts 1994, ch. 828, § 2.
With regard to transfers described in § 66-5-201 , the owner of the residential property shall furnish to a purchaser one of the following:
(1) A residential property disclosure statement in the form provided in this part regarding the condition of the property, including any material defects known to the owner. Such disclosure form may be as included in this part and must include all items listed on the disclosure form required pursuant to this part. The disclosure form shall contain a notice to prospective purchasers and owners that the prospective purchaser and the owner may wish to obtain professional advice or inspections of the property. The disclosure form shall also contain a notice to purchasers that the information contained in the disclosure are the representations of the owner and are not the representations of the real estate licensee or sales person, if any. The owner shall not be required to undertake or provide any independent investigation or inspection of the property in order to make the disclosures required by this part; or
(2) A residential property disclaimer statement stating that the owner makes no representations or warranties as to the condition of the real property or any improvements thereon and that purchaser will be receiving the real property "as is," that is, with all defects which may exist, if any, except as otherwise provided in the real estate purchase contract. A disclaimer statement may only be permitted where the purchaser waives the required disclosure under subdivision (1). If the purchaser does not waive the required disclosure under this part, the disclosure statement described in subdivision (1) shall be provided in accordance with the requirements of this part.
Acts 1994, ch. 828, § 2.
Tenn. Code Ann. § 66-29-201 — TN Code / Title 66 / Chapter 29 / Section 66-29-201
Short title
Status: in_force

This part shall be known and may be cited as the "Abandoned Cultural Property Act." Acts 1984, ch. 862, § 1.
This part shall be known and may be cited as the "Abandoned Cultural Property Act."
Acts 1984, ch. 862, § 1.
Tenn. Code Ann. § 66-12-103 — TN Code / Title 66 / Chapter 12 / Section 66-12-103
Lien for farm implements and supplies
Status: in_force

A landlord and one controlling land by lease or otherwise shall have a like lien on all crops of tenants or sharecroppers grown during the year on the land, for the payment of necessary fertilizer, implements, work stock, feed for stock, seed, labor and insecticide, furnished to and used by such tenants or sharecroppers in the production of the crops. Acts 1923, ch. 71, § 3; Shan. Supp., § 5299a3; mod. Code 1932, §8019; T.C.A. (orig. ed.), § 64-1203.
A landlord and one controlling land by lease or otherwise shall have a like lien on all crops of tenants or sharecroppers grown during the year on the land, for the payment of necessary fertilizer, implements, work stock, feed for stock, seed, labor and insecticide, furnished to and used by such tenants or sharecroppers in the production of the crops.
Acts 1923, ch. 71, § 3; Shan. Supp., § 5299a3; mod. Code 1932, §8019; T.C.A. (orig. ed.), § 64-1203.
Tenn. Code Ann. § 66-29-172 — TN Code / Title 66 / Chapter 29 / Section 66-29-172
Action involving another state or foreign country
Status: in_force

(a) The treasurer, with the approval of the attorney general and reporter, may join other states or foreign countries to examine and seek enforcement of this part against any person believed to be holding property reportable under this part. (b) On request of another state or foreign country, the attorney general and reporter may commence an action on behalf of such state or country to enforce, in this state, the law of such state or country against a putative holder of property presumed abandoned and subject to a claim by the other state or country; provided, that such state or country agrees to pay the costs incurred by the attorney general and reporter in the action. (c) The treasurer, with approval of the attorney general and reporter, may request the official authorized to enforce the unclaimed property law of another state or foreign country to commence an action to recover property in such state or country on behalf of the treasurer. This state shall pay all costs, including reasonable attorney's fees and expenses, incurred by such state or country in an action under this subsection (c). (d) The treasurer, with approval of the attorney general and reporter, may pursue an action on behalf of this state to recover property subject to this part that is delivered into the custody of another state if the treasurer believes the property is subject to the custody of the treasurer. (e) The treasurer, with approval of the attorney general and reporter, may retain a private attorney in this state or another state or foreign country to commence an action to recover property on behalf of the treasurer and may agree to pay attorney's fees based in whole or in part on a fixed fee, hourly fee, or a percentage of the amount or value of property recovered in the action. (f) Expenses incurred by this state in an action under this section may be paid from property received under this part or net proceeds from the property. Expenses incurred to recover property must not be deducted from the amount that is subject to a claim under this part by the owner. Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
(a) The treasurer, with the approval of the attorney general and reporter, may join other states or foreign countries to examine and seek enforcement of this part against any person believed to be holding property reportable under this part.
(b) On request of another state or foreign country, the attorney general and reporter may commence an action on behalf of such state or country to enforce, in this state, the law of such state or country against a putative holder of property presumed abandoned and subject to a claim by the other state or country; provided, that such state or country agrees to pay the costs incurred by the attorney general and reporter in the action.
(c) The treasurer, with approval of the attorney general and reporter, may request the official authorized to enforce the unclaimed property law of another state or foreign country to commence an action to recover property in such state or country on behalf of the treasurer. This state shall pay all costs, including reasonable attorney's fees and expenses, incurred by such state or country in an action under this subsection (c).
(d) The treasurer, with approval of the attorney general and reporter, may pursue an action on behalf of this state to recover property subject to this part that is delivered into the custody of another state if the treasurer believes the property is subject to the custody of the treasurer.
(e) The treasurer, with approval of the attorney general and reporter, may retain a private attorney in this state or another state or foreign country to commence an action to recover property on behalf of the treasurer and may agree to pay attorney's fees based in whole or in part on a fixed fee, hourly fee, or a percentage of the amount or value of property recovered in the action.
(f) Expenses incurred by this state in an action under this section may be paid from property received under this part or net proceeds from the property. Expenses incurred to recover property must not be deducted from the amount that is subject to a claim under this part by the owner.
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Tenn. Code Ann. § 66-24-206 — TN Code / Title 66 / Chapter 24 / Section 66-24-206
County registers not required to receive electronic documents
Status: in_force

Nothing in this part, or any other law, shall be construed to require county registers to receive a document electronically. Acts 2007, ch. 420, § 2.
Nothing in this part, or any other law, shall be construed to require county registers to receive a document electronically.
Acts 2007, ch. 420, § 2.
Tenn. Code Ann. § 66-32-111 — TN Code / Title 66 / Chapter 32 / Section 66-32-111
Partition
Status: in_force

No action for partition of a unit may be maintained except as permitted by the time-share instrument. Acts 1981, ch. 372, § 12; T.C.A., § 64-3212.
No action for partition of a unit may be maintained except as permitted by the time-share instrument.
Acts 1981, ch. 372, § 12; T.C.A., § 64-3212.
Tenn. Code Ann. § 66-29-123 — TN Code / Title 66 / Chapter 29 / Section 66-29-123
Report required by holder
Status: in_force

(a) A holder of property presumed abandoned and subject to the custody of the treasurer shall report in a record to the treasurer concerning the property. The report must be filed through an electronic medium in a manner prescribed by the treasurer. The treasurer may waive the requirement to file the report through an electronic medium if the holder demonstrates in writing that strict compliance would be too costly or oppressive to the holder. In such event, the holder shall file the report in such alternate medium as the treasurer deems acceptable. (b) A holder may contract with a third party to create the report required under subsection (a). (c) Regardless of whether a holder contracts with a third party under subsection (b), the holder is responsible: (1) To the treasurer for the complete, accurate, and timely reporting of property presumed abandoned; and (2) For paying or delivering to the treasurer property described in the report filed under this section. Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017. Amended by 2016 Tenn. Acts, ch. 937,s 3, eff. 4/27/2016. Acts 1978, ch. 561, §§ 22, 23; Acts 1980, ch. 448, § 4; T.C.A., § 64-2922; T.C.A., § 64-2923; Acts 1985, ch. 401, § 3; 2003, ch. 101, § 2.
(a) A holder of property presumed abandoned and subject to the custody of the treasurer shall report in a record to the treasurer concerning the property. The report must be filed through an electronic medium in a manner prescribed by the treasurer. The treasurer may waive the requirement to file the report through an electronic medium if the holder demonstrates in writing that strict compliance would be too costly or oppressive to the holder. In such event, the holder shall file the report in such alternate medium as the treasurer deems acceptable.
(b) A holder may contract with a third party to create the report required under subsection (a).
(c) Regardless of whether a holder contracts with a third party under subsection (b), the holder is responsible: (1) To the treasurer for the complete, accurate, and timely reporting of property presumed abandoned; and (2) For paying or delivering to the treasurer property described in the report filed under this section.
(1) To the treasurer for the complete, accurate, and timely reporting of property presumed abandoned; and
(2) For paying or delivering to the treasurer property described in the report filed under this section.
Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Amended by 2016 Tenn. Acts, ch. 937,s 3, eff. 4/27/2016.
Acts 1978, ch. 561, §§ 22, 23; Acts 1980, ch. 448, § 4; T.C.A., § 64-2922; T.C.A., § 64-2923; Acts 1985, ch. 401, § 3; 2003, ch. 101, § 2.
Tenn. Code Ann. § 66-22-109 — TN Code / Title 66 / Chapter 22 / Section 66-22-109
Acknowledgment of married person
Status: in_force

The acknowledgment of a married person, when required by law, may be taken in the same form as if such person were sole and without any examination separate and apart from that person's spouse. Acts 1919, ch. 48, § 2; Shan., Supp., § 3747a3; Code 1932, §7635; Acts 1975, ch. 283, § 1; T.C.A. (orig. ed.), § 64-2209.
The acknowledgment of a married person, when required by law, may be taken in the same form as if such person were sole and without any examination separate and apart from that person's spouse.
Acts 1919, ch. 48, § 2; Shan., Supp., § 3747a3; Code 1932, §7635; Acts 1975, ch. 283, § 1; T.C.A. (orig. ed.), § 64-2209.
Tenn. Code Ann. § 66-6-102 — TN Code / Title 66 / Chapter 6 / Section 66-6-102
Coordinates used
Status: in_force

The plane coordinate values for a point on the earth's surface, used to express the geographic position or location of such point, must consist of two (2) distances expressed in United States survey feet and decimals of a foot when using the Tennessee Coordinate System of 1927, expressed in either United States survey feet and decimals of a foot or meters and decimals of a meter when using the Tennessee Coordinate System of 1983, and expressed in either International feet and decimals of a foot or meters and decimals of a meter when using the Tennessee State Plane Coordinate System. One (1) of these distances, to be known as the "East X-coordinate," must give the distance east of the Y axis; the other, to be known as the "North Y-coordinate," must give the distance north of the X axis. The Y axis of any zone must be parallel with the central meridian of that zone. The X axis of any zone must be at right angles to the central meridian of that zone. Amended by 2023 Tenn. Acts, ch. 129,s 1, eff. 4/4/2023. Amended by 2019 Tenn. Acts, ch. 213, s 2, eff. 4/23/2019. Acts 1991, ch. 42, § 3.
The plane coordinate values for a point on the earth's surface, used to express the geographic position or location of such point, must consist of two (2) distances expressed in United States survey feet and decimals of a foot when using the Tennessee Coordinate System of 1927, expressed in either United States survey feet and decimals of a foot or meters and decimals of a meter when using the Tennessee Coordinate System of 1983, and expressed in either International feet and decimals of a foot or meters and decimals of a meter when using the Tennessee State Plane Coordinate System. One (1) of these distances, to be known as the "East X-coordinate," must give the distance east of the Y axis; the other, to be known as the "North Y-coordinate," must give the distance north of the X axis. The Y axis of any zone must be parallel with the central meridian of that zone. The X axis of any zone must be at right angles to the central meridian of that zone.
Amended by 2023 Tenn. Acts, ch. 129,s 1, eff. 4/4/2023.
Amended by 2019 Tenn. Acts, ch. 213, s 2, eff. 4/23/2019.
Acts 1991, ch. 42, § 3.
Tenn. Code Ann. § 66-3-102 — TN Code / Title 66 / Chapter 3 / Section 66-3-102
Personal property conveyed without consideration
Status: in_force

If a conveyance be of goods or chattels, and be not on consideration deemed valuable in law, it shall be taken to be fraudulent, unless the same be by will duly proved and recorded, or by bill of sale or other instrument acknowledged or proved and registered according to law, or unless possession remain with the donee. Code 1858, § 1760 (deriv. Acts 1801, ch. 25, § 2); Shan., § 3151; mod. Code 1932, § 7833; T.C.A. (orig. ed.), § 64-302.
If a conveyance be of goods or chattels, and be not on consideration deemed valuable in law, it shall be taken to be fraudulent, unless the same be by will duly proved and recorded, or by bill of sale or other instrument acknowledged or proved and registered according to law, or unless possession remain with the donee.
Code 1858, § 1760 (deriv. Acts 1801, ch. 25, § 2); Shan., § 3151; mod. Code 1932, § 7833; T.C.A. (orig. ed.), § 64-302.
Tenn. Code Ann. § 66-28-503 — TN Code / Title 66 / Chapter 28 / Section 66-28-503
Fire or casualty damage
Status: in_force

(a) If the dwelling unit or premises are damaged or destroyed by fire or casualty to an extent that the use of the dwelling unit is substantially impaired, the tenant: (1) May immediately vacate the premises; and (2) Shall notify the landlord in writing within fourteen (14) days thereafter of the tenant's intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of vacating. (b) If the dwelling unit or premises are damaged or destroyed by fire or casualty to an extent that restoring the dwelling unit or premises to its undamaged condition requires the tenant to vacate the premises, the landlord is authorized to terminate the rental agreement within fourteen (14) days of providing written notice to the tenant. (c) If the rental agreement is terminated, the landlord shall return all prepaid rent and security deposits recoverable under § 66-28-301 . If the tenant vacates pursuant to this section, accounting for rent is to occur as of the date the tenant returns the keys to the landlord or has, in fact, vacated the dwelling unit or premises whichever date is earlier. Amended by 2013 Tenn. Acts, ch. 107,s 2, eff. 7/1/2013. Amended by 2013 Tenn. Acts, ch. 107,s 1, eff. 7/1/2013. Acts 1975, ch. 245, § 4.103; T.C.A., § 64-2843.
(a) If the dwelling unit or premises are damaged or destroyed by fire or casualty to an extent that the use of the dwelling unit is substantially impaired, the tenant: (1) May immediately vacate the premises; and (2) Shall notify the landlord in writing within fourteen (14) days thereafter of the tenant's intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of vacating.
(1) May immediately vacate the premises; and
(2) Shall notify the landlord in writing within fourteen (14) days thereafter of the tenant's intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of vacating.
(b) If the dwelling unit or premises are damaged or destroyed by fire or casualty to an extent that restoring the dwelling unit or premises to its undamaged condition requires the tenant to vacate the premises, the landlord is authorized to terminate the rental agreement within fourteen (14) days of providing written notice to the tenant.
(c) If the rental agreement is terminated, the landlord shall return all prepaid rent and security deposits recoverable under § 66-28-301 . If the tenant vacates pursuant to this section, accounting for rent is to occur as of the date the tenant returns the keys to the landlord or has, in fact, vacated the dwelling unit or premises whichever date is earlier.
Amended by 2013 Tenn. Acts, ch. 107,s 2, eff. 7/1/2013.
Amended by 2013 Tenn. Acts, ch. 107,s 1, eff. 7/1/2013.
Acts 1975, ch. 245, § 4.103; T.C.A., § 64-2843.
Tenn. Code Ann. § 66-1-105 — TN Code / Title 66 / Chapter 1 / Section 66-1-105
Contingent remainder supported by less than freehold
Status: in_force

It shall not be necessary, as at common law, that a contingent remainder be supported by a particular estate of the dignity of a freehold, but it shall be sufficient and lawful for contingent remainders to be supported by a preceding estate for years. Acts 1877, ch. 102, § 1; Shan., § 3676; Code 1932, § 7602; T.C.A. (orig. ed.), § 64-105.
It shall not be necessary, as at common law, that a contingent remainder be supported by a particular estate of the dignity of a freehold, but it shall be sufficient and lawful for contingent remainders to be supported by a preceding estate for years.
Acts 1877, ch. 102, § 1; Shan., § 3676; Code 1932, § 7602; T.C.A. (orig. ed.), § 64-105.
Tenn. Code Ann. § 66-19-101 — TN Code / Title 66 / Chapter 19 / Section 66-19-101
Lien for repairs to conveyances generally
Status: in_force

There shall be a lien upon any type of conveyance used in the transportation of persons or merchandise either by land or by water or through the air, propelled by any sort of power, for any repairs or improvements made or parts or fixtures furnished at the request of the owner, or the owner's agent, in favor of the mechanic, contractor, founder, or machinist who makes on any such vehicle mentioned any repairs or puts thereon any improvements, fixtures, machinery, or materials; provided, that: (1) The lien shall not extend to, nor shall this section and § 66-19-102 be construed as in any way affecting the right and title acquired by a purchaser without notice; and (2) Any notice of the lien provided to an owner or the owner's agent and any advertisement of a sale to satisfy the lien, if authorized, shall include a brief description of the conveyance against which the lien exists and the vehicle identification number, if applicable and ascertainable. Amended by 2014 Tenn. Acts, ch. 886,s 1, eff. 7/1/2014. Acts 1909, ch. 150, § 1; Shan., § 3546a1; mod. Code 1932, § 7960; Acts 1953, ch. 141, § 1; T.C.A. (orig. ed.), § 64-1901.
There shall be a lien upon any type of conveyance used in the transportation of persons or merchandise either by land or by water or through the air, propelled by any sort of power, for any repairs or improvements made or parts or fixtures furnished at the request of the owner, or the owner's agent, in favor of the mechanic, contractor, founder, or machinist who makes on any such vehicle mentioned any repairs or puts thereon any improvements, fixtures, machinery, or materials; provided, that:
(1) The lien shall not extend to, nor shall this section and § 66-19-102 be construed as in any way affecting the right and title acquired by a purchaser without notice; and
(2) Any notice of the lien provided to an owner or the owner's agent and any advertisement of a sale to satisfy the lien, if authorized, shall include a brief description of the conveyance against which the lien exists and the vehicle identification number, if applicable and ascertainable.
Amended by 2014 Tenn. Acts, ch. 886,s 1, eff. 7/1/2014.
Acts 1909, ch. 150, § 1; Shan., § 3546a1; mod. Code 1932, § 7960; Acts 1953, ch. 141, § 1; T.C.A. (orig. ed.), § 64-1901.
Tenn. Code Ann. § 66-29-305 — TN Code / Title 66 / Chapter 29 / Section 66-29-305
Proceeds of sale of aircraft
Status: in_force

(a) If the aircraft is sold, the airport authority shall satisfy the airport authority's lien, plus the reasonable expenses of notice, advertisement, and sale, from the proceeds of the sale. (b) The balance of the proceeds of the sale, if any, shall be held by the airport authority, and delivered on demand to the owner of the aircraft. (c) If no person claims the balance within twelve (12) months of the date of sale, the airport authority shall retain the funds and use the funds for airport operations. Added by 2016 Tenn. Acts, ch. 800,s 1, eff. 4/14/2016.
(a) If the aircraft is sold, the airport authority shall satisfy the airport authority's lien, plus the reasonable expenses of notice, advertisement, and sale, from the proceeds of the sale.
(b) The balance of the proceeds of the sale, if any, shall be held by the airport authority, and delivered on demand to the owner of the aircraft.
(c) If no person claims the balance within twelve (12) months of the date of sale, the airport authority shall retain the funds and use the funds for airport operations.
Added by 2016 Tenn. Acts, ch. 800,s 1, eff. 4/14/2016.
Tenn. Code Ann. § 66-4-101 — TN Code / Title 66 / Chapter 4 / Section 66-4-101
Execution by personal representative of deceased vendor
Status: in_force

In all cases of written agreements or contracts for the conveyance of land in this state, where the person executing the agreement or contract dies before final conveyance is made, the decedent's personal representatives may execute the conveyance to the person with whom such agreement or contract was made, or the decedent's heirs or assigns, according to the forms prescribed for the conveyance of real estate. Code 1858, § 2025 (deriv. Acts 1794, ch. 5, § 1); Shan., § 3692; Code 1932, § 7614; T.C.A. (orig. ed.), § 64-401.
In all cases of written agreements or contracts for the conveyance of land in this state, where the person executing the agreement or contract dies before final conveyance is made, the decedent's personal representatives may execute the conveyance to the person with whom such agreement or contract was made, or the decedent's heirs or assigns, according to the forms prescribed for the conveyance of real estate.
Code 1858, § 2025 (deriv. Acts 1794, ch. 5, § 1); Shan., § 3692; Code 1932, § 7614; T.C.A. (orig. ed.), § 64-401.
Tenn. Code Ann. § 66-24-119 — TN Code / Title 66 / Chapter 24 / Section 66-24-119
Judgments and writs affecting real estate
Status: in_force

Judgments, attachments, orders, injunctions, and other writs affecting title, use or possession of real estate, issued by any court shall be effective against any person having, or later acquiring, an interest in such property who is not a party to the action wherein such judgment, attachment, order, injunction, or other writ is issued only after an appropriate copy or abstract, or a notice of lis pendens, is recorded in the register's office of the county wherein the property is situated. If an abstract is used, the contents shall be as prescribed in § 25-5-108 . Acts 1984, ch. 603, § 2.
Judgments, attachments, orders, injunctions, and other writs affecting title, use or possession of real estate, issued by any court shall be effective against any person having, or later acquiring, an interest in such property who is not a party to the action wherein such judgment, attachment, order, injunction, or other writ is issued only after an appropriate copy or abstract, or a notice of lis pendens, is recorded in the register's office of the county wherein the property is situated. If an abstract is used, the contents shall be as prescribed in § 25-5-108 .
Acts 1984, ch. 603, § 2.
Tenn. Code Ann. § 66-11-111 — TN Code / Title 66 / Chapter 11 / Section 66-11-111
Authentication and registration of lien
Status: in_force

Where the lienor's contract is in writing, and has been acknowledged, or in lieu of acknowledgment is sworn to by the prime contractor as to its execution by the owner, it may be recorded in the lien book in the register of deeds of the county where the real property, or any part of the affected real property, lies. Subsequent purchasers or encumbrancers for value shall be deemed to have notice of the lien so long as the recorded contract sets forth the contract price and describes the real property with reasonable certainty. Code 1932, § 7918; T.C.A. (orig. ed.), § 64-1111; Acts 2007, ch. 189, § 11.
Where the lienor's contract is in writing, and has been acknowledged, or in lieu of acknowledgment is sworn to by the prime contractor as to its execution by the owner, it may be recorded in the lien book in the register of deeds of the county where the real property, or any part of the affected real property, lies. Subsequent purchasers or encumbrancers for value shall be deemed to have notice of the lien so long as the recorded contract sets forth the contract price and describes the real property with reasonable certainty.
Code 1932, § 7918; T.C.A. (orig. ed.), § 64-1111; Acts 2007, ch. 189, § 11.
Tenn. Code Ann. § 66-21-104 — TN Code / Title 66 / Chapter 21 / Section 66-21-104
Notation of time of filing
Status: in_force

(a) The register shall note in the notebook the date, hour and minute of receiving each instrument evidencing or releasing a lien. (b) In any county having a population of not less than thirty-two thousand six hundred (32,600) nor more than thirty-two thousand seven hundred (32,700) according to the 1980 federal census or any subsequent federal census, the register shall note on each such abstract, memorandum or copy the date, hour and minute of the filing. Code 1932, § 8060; T.C.A. (orig. ed.), § 64-2104; Acts 1988, ch. 636, § 8; 1990, ch. 902, § 1.
(a) The register shall note in the notebook the date, hour and minute of receiving each instrument evidencing or releasing a lien.
(b) In any county having a population of not less than thirty-two thousand six hundred (32,600) nor more than thirty-two thousand seven hundred (32,700) according to the 1980 federal census or any subsequent federal census, the register shall note on each such abstract, memorandum or copy the date, hour and minute of the filing.
Code 1932, § 8060; T.C.A. (orig. ed.), § 64-2104; Acts 1988, ch. 636, § 8; 1990, ch. 902, § 1.
Tenn. Code Ann. § 66-9-403 — TN Code / Title 66 / Chapter 9 / Section 66-9-403
Applicability
Status: in_force

This part shall not be construed to apply to preservation restrictions, solar easements, or conservation easements, as defined in this chapter, or to any waiver of a restrictive covenant which by its express terms states that this part shall not be applicable. Acts 1992, ch. 686, § 3.
This part shall not be construed to apply to preservation restrictions, solar easements, or conservation easements, as defined in this chapter, or to any waiver of a restrictive covenant which by its express terms states that this part shall not be applicable.
Acts 1992, ch. 686, § 3.
Tenn. Code Ann. § 66-12-108 — TN Code / Title 66 / Chapter 12 / Section 66-12-108
Liability of broker selling crop
Status: in_force

Any factor, broker, commission merchant, or other person who sells the crop of a tenant or sharecropper, or any portion of it, with or without notice of such lien, before its bar, and applies the proceeds to the payment of the tenant's indebtedness to such seller, shall be liable as a purchaser to the person entitled to the rent and/or amount due for supplies. Acts 1899, ch. 22, § 1; Shan., § 5302a1; mod. Code 1932, §8024; T.C.A. (orig. ed.), § 64-1208.
Any factor, broker, commission merchant, or other person who sells the crop of a tenant or sharecropper, or any portion of it, with or without notice of such lien, before its bar, and applies the proceeds to the payment of the tenant's indebtedness to such seller, shall be liable as a purchaser to the person entitled to the rent and/or amount due for supplies.
Acts 1899, ch. 22, § 1; Shan., § 5302a1; mod. Code 1932, §8024; T.C.A. (orig. ed.), § 64-1208.
Tenn. Code Ann. § 66-14-104 — TN Code / Title 66 / Chapter 14 / Section 66-14-104
Advertisement and sale
Status: in_force

In accordance with the terms of the notice provided for in § 66-14-102 , a sale of the goods by auction may be had to satisfy the lien on the goods. The sale shall be had in the place where the lien was acquired, or, if such place is unsuitable for the purpose, at a convenient suitable place. After the time for the payment of the claim specified in the notice has elapsed, an advertisement of the sale describing the goods to be sold, and stating the name of the owner or person on whose account the goods are held, and the time and place of the sale, shall be published once a week for two (2) consecutive weeks, in a newspaper published in the place where the sale is to be held. The sale shall not be held less than fifteen (15) days from the time of the first publication. If there is no newspaper published in the place where the sale is to be held, the advertisement shall be posted at least ten (10) days before the sale in not less than six (6) conspicuous places in the place. Acts 1935, ch. 53, § 1; C. Supp. 1950, § 7987; T.C.A. (orig. ed.), § 64-1404.
In accordance with the terms of the notice provided for in § 66-14-102 , a sale of the goods by auction may be had to satisfy the lien on the goods. The sale shall be had in the place where the lien was acquired, or, if such place is unsuitable for the purpose, at a convenient suitable place. After the time for the payment of the claim specified in the notice has elapsed, an advertisement of the sale describing the goods to be sold, and stating the name of the owner or person on whose account the goods are held, and the time and place of the sale, shall be published once a week for two (2) consecutive weeks, in a newspaper published in the place where the sale is to be held. The sale shall not be held less than fifteen (15) days from the time of the first publication. If there is no newspaper published in the place where the sale is to be held, the advertisement shall be posted at least ten (10) days before the sale in not less than six (6) conspicuous places in the place.
Acts 1935, ch. 53, § 1; C. Supp. 1950, § 7987; T.C.A. (orig. ed.), § 64-1404.
Tenn. Code Ann. § 66-28-204 — TN Code / Title 66 / Chapter 28 / Section 66-28-204
Unconscionability
Status: in_force

(a) If the court, as a matter of law, finds: (1) A rental agreement or any provision thereof was unconscionable when made, the court shall enforce the remainder of the agreement without the unconscionable provision, or limit the application of any unconscionable provision to avoid an unconscionable result; or (2) A settlement in which a party waives or agrees to forego a claim or right under this chapter or under a rental agreement was unconscionable at the time it was made, the court shall enforce the remainder of the settlement without the unconscionable provision, or limit the application of any unconscionable provision to avoid the unconscionable result. (b) If unconscionability is put into issue by a party or by the court upon its own motion, the parties shall be afforded a reasonable opportunity to present evidence as to the setting, purpose, and effect of the rental agreement or settlement to aid the court in making the determination. (c) A provision in a rental agreement that authorizes a landlord to hold a tenant in breach of the rental agreement in accordance with § 66-28-505(f) is not unconscionable and is fully enforceable. Amended by 2018 Tenn. Acts, ch. 960,s 3, eff. 7/1/2018. Acts 1975, ch. 245, § 1.303; T.C.A., § 64-2814.
(a) If the court, as a matter of law, finds: (1) A rental agreement or any provision thereof was unconscionable when made, the court shall enforce the remainder of the agreement without the unconscionable provision, or limit the application of any unconscionable provision to avoid an unconscionable result; or (2) A settlement in which a party waives or agrees to forego a claim or right under this chapter or under a rental agreement was unconscionable at the time it was made, the court shall enforce the remainder of the settlement without the unconscionable provision, or limit the application of any unconscionable provision to avoid the unconscionable result.
(1) A rental agreement or any provision thereof was unconscionable when made, the court shall enforce the remainder of the agreement without the unconscionable provision, or limit the application of any unconscionable provision to avoid an unconscionable result; or
(2) A settlement in which a party waives or agrees to forego a claim or right under this chapter or under a rental agreement was unconscionable at the time it was made, the court shall enforce the remainder of the settlement without the unconscionable provision, or limit the application of any unconscionable provision to avoid the unconscionable result.
(b) If unconscionability is put into issue by a party or by the court upon its own motion, the parties shall be afforded a reasonable opportunity to present evidence as to the setting, purpose, and effect of the rental agreement or settlement to aid the court in making the determination.
(c) A provision in a rental agreement that authorizes a landlord to hold a tenant in breach of the rental agreement in accordance with § 66-28-505(f) is not unconscionable and is fully enforceable.
Amended by 2018 Tenn. Acts, ch. 960,s 3, eff. 7/1/2018.
Acts 1975, ch. 245, § 1.303; T.C.A., § 64-2814.
Tenn. Code Ann. § 66-27-205 — TN Code / Title 66 / Chapter 27 / Section 66-27-205
Separate titles and taxation
Status: in_force

(a) If there is any unit owner other than a declarant, each unit that has been created, together with its interest in the common elements, constitutes for all purposes a separate parcel of real estate. (b) If there is any unit owner other than a declarant, each unit must be separately taxed and assessed, and no separate tax or assessment may be rendered against any common elements. (c) If there is no unit owner other than a declarant, the real estate comprising the condominium may be taxed and assessed in any manner provided by law. Acts 2008, ch. 766, § 1.
(a) If there is any unit owner other than a declarant, each unit that has been created, together with its interest in the common elements, constitutes for all purposes a separate parcel of real estate.
(b) If there is any unit owner other than a declarant, each unit must be separately taxed and assessed, and no separate tax or assessment may be rendered against any common elements.
(c) If there is no unit owner other than a declarant, the real estate comprising the condominium may be taxed and assessed in any manner provided by law.
Acts 2008, ch. 766, § 1.
Tenn. Code Ann. § 66-27-308 — TN Code / Title 66 / Chapter 27 / Section 66-27-308
Allocation of limited common elements
Status: in_force

(a) (1) Except for the limited common elements described in § 66-27-302(2) and (4) , the declaration shall specify either: (A) To which unit or units each limited common element is allocated; or (B) Which common elements or limited common elements may be allocated or licensed by conveyance from the declarant. (2) The allocation may not be altered without the consent of the unit owners whose units are affected. (b) Except as the declaration otherwise provides, and subject to approval by the association, a limited common element may be reallocated by an instrument executed by the unit owners between or among whose units the reallocation is made, and by the association. The instrument shall be prepared and recorded by the association at the expense of the reallocating unit owners. The instrument shall be recorded in the names of the parties and the condominium. (c) A common element not previously allocated as a limited common element may not be so allocated except pursuant to provisions in the declaration made in accordance with § 66-27-305(a)(6) . The allocations shall be made by amendments to the declaration. (d) Any limited 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 limited 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) (1) Except for the limited common elements described in § 66-27-302(2) and (4) , the declaration shall specify either: (A) To which unit or units each limited common element is allocated; or (B) Which common elements or limited common elements may be allocated or licensed by conveyance from the declarant. (2) The allocation may not be altered without the consent of the unit owners whose units are affected.
(1) Except for the limited common elements described in § 66-27-302(2) and (4) , the declaration shall specify either: (A) To which unit or units each limited common element is allocated; or (B) Which common elements or limited common elements may be allocated or licensed by conveyance from the declarant.
(A) To which unit or units each limited common element is allocated; or
(B) Which common elements or limited common elements may be allocated or licensed by conveyance from the declarant.
(2) The allocation may not be altered without the consent of the unit owners whose units are affected.
(b) Except as the declaration otherwise provides, and subject to approval by the association, a limited common element may be reallocated by an instrument executed by the unit owners between or among whose units the reallocation is made, and by the association. The instrument shall be prepared and recorded by the association at the expense of the reallocating unit owners. The instrument shall be recorded in the names of the parties and the condominium.
(c) A common element not previously allocated as a limited common element may not be so allocated except pursuant to provisions in the declaration made in accordance with § 66-27-305(a)(6) . The allocations shall be made by amendments to the declaration.
(d) Any limited 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 limited 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. § 66-27-417 — TN Code / Title 66 / Chapter 27 / Section 66-27-417
Association records
Status: in_force

The association shall keep financial records sufficiently detailed to enable the association to comply with §§ 66-27-502 and 66-27-503 . All financial and other records shall be made reasonably available for examination by any unit owner, the holder of any mortgage or deed of trust encumbering a unit, and their respective authorized agents. Acts 2008, ch. 766, § 1.
The association shall keep financial records sufficiently detailed to enable the association to comply with §§ 66-27-502 and 66-27-503 . All financial and other records shall be made reasonably available for examination by any unit owner, the holder of any mortgage or deed of trust encumbering a unit, and their respective authorized agents.
Acts 2008, ch. 766, § 1.
Tenn. Code Ann. § 66-29-141 — TN Code / Title 66 / Chapter 29 / Section 66-29-141
Public sale of property
Status: in_force

(a) Except as otherwise provided in § 66-29-154 , not earlier than three (3) years after receipt of property that has been presumed abandoned, the treasurer may sell the property. (b) A sale under subsection (a) must be preceded by notice to the public of: (1) The date of the sale; and (2) A reasonable description of the property. (c) A sale under subsection (a) must be to the highest bidder: (1) At a public sale at a location in this state which the treasurer determines to be the most favorable market for the property; or (2) On the internet or another forum the treasurer determines is likely to yield the highest net proceeds of sale. (d) The treasurer may decline the highest bid at a sale under subsection (a) and reoffer the property for sale if the treasurer determines the highest bid is insufficient. (e) If a sale held under this section is to be conducted other than by electronic means, the treasurer must publish not less than one (1) notice of the sale at least three (3) weeks, but not more than five (5) weeks, before the sale, in a newspaper of general circulation in the county in which the property is to be sold. Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
(a) Except as otherwise provided in § 66-29-154 , not earlier than three (3) years after receipt of property that has been presumed abandoned, the treasurer may sell the property.
(b) A sale under subsection (a) must be preceded by notice to the public of: (1) The date of the sale; and (2) A reasonable description of the property.
(1) The date of the sale; and
(2) A reasonable description of the property.
(c) A sale under subsection (a) must be to the highest bidder: (1) At a public sale at a location in this state which the treasurer determines to be the most favorable market for the property; or (2) On the internet or another forum the treasurer determines is likely to yield the highest net proceeds of sale.
(1) At a public sale at a location in this state which the treasurer determines to be the most favorable market for the property; or
(2) On the internet or another forum the treasurer determines is likely to yield the highest net proceeds of sale.
(d) The treasurer may decline the highest bid at a sale under subsection (a) and reoffer the property for sale if the treasurer determines the highest bid is insufficient.
(e) If a sale held under this section is to be conducted other than by electronic means, the treasurer must publish not less than one (1) notice of the sale at least three (3) weeks, but not more than five (5) weeks, before the sale, in a newspaper of general circulation in the county in which the property is to be sold.
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.