Tenn. Code Ann. § 66-32-201 — TN Code / Title 66 / Chapter 32 / Section 66-32-201
Short title
Status: in_force

This part shall be known and may be cited as the "Tennessee Vacation Club Act of 1995." Acts 1995, ch. 90, § 1.
This part shall be known and may be cited as the "Tennessee Vacation Club Act of 1995."
Acts 1995, ch. 90, § 1.
Tenn. Code Ann. § 66-27-408 — TN Code / Title 66 / Chapter 27 / Section 66-27-408
Meetings
Status: in_force

A meeting of the association must be held at least once each year. Special meetings of the association may be called by the president, a majority of the board of directors or by unit owners having twenty percent (20%), or any lower percentage specified in the bylaws, of the votes in the association. Not less than ten (10) nor more than sixty (60) days in advance of any meeting, the secretary or other officer specified in the bylaws shall cause notice to be hand-delivered, sent prepaid by United States mail, by facsimile, electronically, or by other means expressly authorized by the declaration, to the address of each unit or to any other physical or electronic address designated in writing or by electronic means by the unit owner. The notice of any meeting must state the time, place, and method of attendance of or at the meeting and the items on the agenda, including the general nature of any proposed amendment to the declaration or bylaws, any budget changes, and any proposal to remove a director or officer. Notice may be waived in writing signed by all unit owners. Acts 2008, ch. 766, § 1.
A meeting of the association must be held at least once each year. Special meetings of the association may be called by the president, a majority of the board of directors or by unit owners having twenty percent (20%), or any lower percentage specified in the bylaws, of the votes in the association. Not less than ten (10) nor more than sixty (60) days in advance of any meeting, the secretary or other officer specified in the bylaws shall cause notice to be hand-delivered, sent prepaid by United States mail, by facsimile, electronically, or by other means expressly authorized by the declaration, to the address of each unit or to any other physical or electronic address designated in writing or by electronic means by the unit owner. The notice of any meeting must state the time, place, and method of attendance of or at the meeting and the items on the agenda, including the general nature of any proposed amendment to the declaration or bylaws, any budget changes, and any proposal to remove a director or officer. Notice may be waived in writing signed by all unit owners.
Acts 2008, ch. 766, § 1.
Tenn. Code Ann. § 66-29-137 — TN Code / Title 66 / Chapter 29 / Section 66-29-137
Income or gain realized or accrued on property
Status: in_force

If property other than money is delivered to the treasurer, the owner is entitled to receive from the treasurer income or gain realized or accrued on the property before the property is sold, including, if applicable, dividends, interest, or other increments. If the property was an interest-bearing demand, savings, or time deposit, the treasurer shall pay interest annually at the average annual rate paid on funds in the state pooled investment fund established under § 9-4-603 . Interest begins to accrue when the property is delivered to the treasurer and ends on the date on which payment is made to the owner. Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017. Acts 1997, ch. 297, § 1.
If property other than money is delivered to the treasurer, the owner is entitled to receive from the treasurer income or gain realized or accrued on the property before the property is sold, including, if applicable, dividends, interest, or other increments. If the property was an interest-bearing demand, savings, or time deposit, the treasurer shall pay interest annually at the average annual rate paid on funds in the state pooled investment fund established under § 9-4-603 . Interest begins to accrue when the property is delivered to the treasurer and ends on the date on which payment is made to the owner.
Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Acts 1997, ch. 297, § 1.
Tenn. Code Ann. § 66-5-203 — TN Code / Title 66 / Chapter 5 / Section 66-5-203
Delivery of disclosure or disclaimer statement
Status: in_force

(a) The owner of residential real property subject to this part shall deliver to the purchaser the written disclosure or disclaimer statement, if agreed upon by the purchaser required by this part prior to the acceptance of a real estate purchase contract. For purposes of this part, a "real estate purchase contract" means a contract for the sale, exchange or lease with option to buy of real estate subject to this part, and "acceptance" means the full execution of a real estate purchase contract by all parties. The residential property disclaimer statement or residential property disclosure statement may be included in the real estate purchase contract, in an addendum to the contract, or in a separate document. (b) Failure to provide the disclosure or disclaimer statement required by this part shall not permit a purchaser to terminate a real estate purchase contract; however, a purchaser shall not be restricted by this part from bringing such other actions at law or in equity that are otherwise permitted. Acts 1994, ch. 828, § 3.
(a) The owner of residential real property subject to this part shall deliver to the purchaser the written disclosure or disclaimer statement, if agreed upon by the purchaser required by this part prior to the acceptance of a real estate purchase contract. For purposes of this part, a "real estate purchase contract" means a contract for the sale, exchange or lease with option to buy of real estate subject to this part, and "acceptance" means the full execution of a real estate purchase contract by all parties. The residential property disclaimer statement or residential property disclosure statement may be included in the real estate purchase contract, in an addendum to the contract, or in a separate document.
(b) Failure to provide the disclosure or disclaimer statement required by this part shall not permit a purchaser to terminate a real estate purchase contract; however, a purchaser shall not be restricted by this part from bringing such other actions at law or in equity that are otherwise permitted.
Acts 1994, ch. 828, § 3.
Tenn. Code Ann. § 66-33-101 — TN Code / Title 66 / Chapter 33 / Section 66-33-101
Short title
Status: in_force

This chapter is known and may be cited as the "Real Property Records Integrity Act." Added by 2023 Tenn. Acts, ch. 160, s 1, eff. 4/17/2023.
This chapter is known and may be cited as the "Real Property Records Integrity Act."
Added by 2023 Tenn. Acts, ch. 160, s 1, eff. 4/17/2023.
Tenn. Code Ann. § 66-23-108 — TN Code / Title 66 / Chapter 23 / Section 66-23-108
Subpoena for witnesses
Status: in_force

When an instrument is presented to a clerk or deputy clerk for probate, and the party presenting it suggests to the clerk that the subscribing witnesses or any of them refuse to appear and give evidence of the execution of the instrument, the clerk shall issue a subpoena to compel the attendance of the recusant witnesses to prove the execution of the instrument. Code 1858, § 2056 (deriv. Acts 1833, ch. 92, § 8); Shan., § 3733; Code 1932, §7648; T.C.A. (orig. ed.), § 64-2308.
When an instrument is presented to a clerk or deputy clerk for probate, and the party presenting it suggests to the clerk that the subscribing witnesses or any of them refuse to appear and give evidence of the execution of the instrument, the clerk shall issue a subpoena to compel the attendance of the recusant witnesses to prove the execution of the instrument.
Code 1858, § 2056 (deriv. Acts 1833, ch. 92, § 8); Shan., § 3733; Code 1932, §7648; T.C.A. (orig. ed.), § 64-2308.
Tenn. Code Ann. § 66-34-401 — TN Code / Title 66 / Chapter 34 / Section 66-34-401
Payment by remote contractor to remote contractor
Status: in_force

A remote contractor contracting in writing with another remote contractor for the improvement of real property shall make payment to the other remote contractor in accordance with part 3 of this chapter. Amended by 2020 Tenn. Acts, ch. 749, s 27, eff. 7/1/2020. Acts 1991, ch. 45, § 1.
A remote contractor contracting in writing with another remote contractor for the improvement of real property shall make payment to the other remote contractor in accordance with part 3 of this chapter.
Amended by 2020 Tenn. Acts, ch. 749, s 27, eff. 7/1/2020.
Acts 1991, ch. 45, § 1.
Tenn. Code Ann. § 66-29-179 — TN Code / Title 66 / Chapter 29 / Section 66-29-179
Confidentiality agreement
Status: in_force

A person to be examined under § 66-29-157 may require, as a condition of disclosing the person's records, that the treasurer or the treasurer's agent who has access to the records disclosed in the examination execute and deliver to the person to be examined a confidentiality agreement that: (1) Is in a form that is reasonably satisfactory to the treasurer; and (2) Requires the person to comply with the provisions of this part applicable to the person. Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
A person to be examined under § 66-29-157 may require, as a condition of disclosing the person's records, that the treasurer or the treasurer's agent who has access to the records disclosed in the examination execute and deliver to the person to be examined a confidentiality agreement that:
(1) Is in a form that is reasonably satisfactory to the treasurer; and
(2) Requires the person to comply with the provisions of this part applicable to the person.
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Tenn. Code Ann. § 66-3-309 — TN Code / Title 66 / Chapter 3 / Section 66-3-309
Defenses, liability, and protection of transferee
Status: in_force

(a) A transfer or obligation is not voidable under § 66-3-305(a)(1) against a person who took in good faith and for a reasonably equivalent value or against any subsequent transferee or obligee. (b) Except as otherwise provided in this section, to the extent a transfer is voidable in an action by a creditor under § 66-3-308(a)(1) , the creditor may recover judgment for the value of the asset transferred, as adjusted under subsection (c), or the amount necessary to satisfy the creditor's claim, whichever is less. The judgment may be entered against: (1) The first transferee of the asset or the person for whose benefit the transfer was made; or (2) Any subsequent transferee other than a good-faith transferee or obligee who took for value or from any subsequent transferee or obligee. (c) If the judgment under subsection (b) is based upon the value of the asset transferred, the judgment must be for an amount equal to the value of the asset at the time of the transfer, subject to adjustment as the equities may require. (d) Notwithstanding voidability of a transfer or an obligation under this part, a good-faith transferee or obligee is entitled, to the extent of the value given the debtor for the transfer or obligation, to: (1) A lien on or a right to retain any interest in the asset transferred; (2) Enforcement of any obligation incurred; or (3) A reduction in the amount of the liability on the judgment. (e) A transfer is not voidable under § 66-3-305(a)(2) or § 66-3-306 if the transfer results from: (1) Termination of a lease upon default by the debtor when the termination is pursuant to the lease and applicable law; or (2) Enforcement of a security interest in compliance with title 47, chapter 9 of the Uniform Commercial Code. (f) A transfer is not voidable under § 66-3-306(b) : (1) To the extent the insider gave new value to or for the benefit of the debtor after the transfer was made unless the new value was secured by a valid lien; (2) If made in the ordinary course of business or financial affairs of the debtor and the insider; or (3) If made pursuant to a good-faith effort to rehabilitate the debtor and the transfer secured present value given for that purpose as well as an antecedent debt of the debtor. Acts 2003, ch. 42, § 1.
(a) A transfer or obligation is not voidable under § 66-3-305(a)(1) against a person who took in good faith and for a reasonably equivalent value or against any subsequent transferee or obligee.
(b) Except as otherwise provided in this section, to the extent a transfer is voidable in an action by a creditor under § 66-3-308(a)(1) , the creditor may recover judgment for the value of the asset transferred, as adjusted under subsection (c), or the amount necessary to satisfy the creditor's claim, whichever is less. The judgment may be entered against: (1) The first transferee of the asset or the person for whose benefit the transfer was made; or (2) Any subsequent transferee other than a good-faith transferee or obligee who took for value or from any subsequent transferee or obligee.
(1) The first transferee of the asset or the person for whose benefit the transfer was made; or
(2) Any subsequent transferee other than a good-faith transferee or obligee who took for value or from any subsequent transferee or obligee.
(c) If the judgment under subsection (b) is based upon the value of the asset transferred, the judgment must be for an amount equal to the value of the asset at the time of the transfer, subject to adjustment as the equities may require.
(d) Notwithstanding voidability of a transfer or an obligation under this part, a good-faith transferee or obligee is entitled, to the extent of the value given the debtor for the transfer or obligation, to: (1) A lien on or a right to retain any interest in the asset transferred; (2) Enforcement of any obligation incurred; or (3) A reduction in the amount of the liability on the judgment.
(1) A lien on or a right to retain any interest in the asset transferred;
(2) Enforcement of any obligation incurred; or
(3) A reduction in the amount of the liability on the judgment.
(e) A transfer is not voidable under § 66-3-305(a)(2) or § 66-3-306 if the transfer results from: (1) Termination of a lease upon default by the debtor when the termination is pursuant to the lease and applicable law; or (2) Enforcement of a security interest in compliance with title 47, chapter 9 of the Uniform Commercial Code.
(1) Termination of a lease upon default by the debtor when the termination is pursuant to the lease and applicable law; or
(2) Enforcement of a security interest in compliance with title 47, chapter 9 of the Uniform Commercial Code.
(f) A transfer is not voidable under § 66-3-306(b) : (1) To the extent the insider gave new value to or for the benefit of the debtor after the transfer was made unless the new value was secured by a valid lien; (2) If made in the ordinary course of business or financial affairs of the debtor and the insider; or (3) If made pursuant to a good-faith effort to rehabilitate the debtor and the transfer secured present value given for that purpose as well as an antecedent debt of the debtor.
(1) To the extent the insider gave new value to or for the benefit of the debtor after the transfer was made unless the new value was secured by a valid lien;
(2) If made in the ordinary course of business or financial affairs of the debtor and the insider; or
(3) If made pursuant to a good-faith effort to rehabilitate the debtor and the transfer secured present value given for that purpose as well as an antecedent debt of the debtor.
Acts 2003, ch. 42, § 1.
Tenn. Code Ann. § 66-23-103 — TN Code / Title 66 / Chapter 23 / Section 66-23-103
One witness in state
Status: in_force

If only one (1) of the subscribing witnesses resides within the state, that witness may prove the execution of the instrument, the handwriting of the other witness or witnesses being proved by some other person. Code 1858, § 2049 (deriv. Acts 1831, ch. 90, § 10); Shan., § 3724; Code 1932, §7639; T.C.A. (orig. ed.), § 64-2303.
If only one (1) of the subscribing witnesses resides within the state, that witness may prove the execution of the instrument, the handwriting of the other witness or witnesses being proved by some other person.
Code 1858, § 2049 (deriv. Acts 1831, ch. 90, § 10); Shan., § 3724; Code 1932, §7639; T.C.A. (orig. ed.), § 64-2303.
Tenn. Code Ann. § 66-24-201 — TN Code / Title 66 / Chapter 24 / Section 66-24-201
Short title
Status: in_force

This part shall be known and may be cited as the "Uniform Real Property Electronic Recording Act." Acts 2007, ch. 420, § 2.
This part shall be known and may be cited as the "Uniform Real Property Electronic Recording Act."
Acts 2007, ch. 420, § 2.
Tenn. Code Ann. § 66-26-116 — TN Code / Title 66 / Chapter 26 / Section 66-26-116
Instruments granting, transferring, pledging or assigning lessors' interests in real property
Status: in_force

(a) Upon registration, in the county where the real property lies, of any instrument granting, transferring, pledging or assigning the lessor's interest in leases or rents arising from real property, the interest of the grantee, transferee, pledgee or assignee shall be fully perfected as to the grantor, transferor, pledgor or assignor and all third parties without the necessity of furnishing notice to the assignor or lessee, obtaining possession of the real property, impounding the rents, securing the appointment of a receiver, or taking any other affirmative action, and shall have the priority provided for in this chapter. (b) The lessee is authorized to pay the assignor until the lessee receives notification that rents due or to become due have been assigned and that payment is to be made to the assignee. A notification that does not reasonably identify the rents assigned is ineffective. If requested by the lessee, the assignee must seasonably furnish reasonable proof that the assignment has been made and unless the assignee does so the lessee may pay the assignor. (c) Any registered instrument granting, transferring, pledging or assigning an interest in leases or rents arising from real property shall, upon satisfaction, be released as provided in chapter 25 of this title and shall be subject to the penalties provided in such chapter. Acts 1989, ch. 213, § 2.
(a) Upon registration, in the county where the real property lies, of any instrument granting, transferring, pledging or assigning the lessor's interest in leases or rents arising from real property, the interest of the grantee, transferee, pledgee or assignee shall be fully perfected as to the grantor, transferor, pledgor or assignor and all third parties without the necessity of furnishing notice to the assignor or lessee, obtaining possession of the real property, impounding the rents, securing the appointment of a receiver, or taking any other affirmative action, and shall have the priority provided for in this chapter.
(b) The lessee is authorized to pay the assignor until the lessee receives notification that rents due or to become due have been assigned and that payment is to be made to the assignee. A notification that does not reasonably identify the rents assigned is ineffective. If requested by the lessee, the assignee must seasonably furnish reasonable proof that the assignment has been made and unless the assignee does so the lessee may pay the assignor.
(c) Any registered instrument granting, transferring, pledging or assigning an interest in leases or rents arising from real property shall, upon satisfaction, be released as provided in chapter 25 of this title and shall be subject to the penalties provided in such chapter.
Acts 1989, ch. 213, § 2.
Tenn. Code Ann. § 66-29-162 — TN Code / Title 66 / Chapter 29 / Section 66-29-162
Report to person whose records were examined
Status: in_force

At the conclusion of an examination under § 66-29-157 , unless waived in writing by the person being examined, the treasurer shall provide to the person whose records were examined a complete and unredacted examination report, which must identify in detail: (1) The work performed; (2) The property types reviewed; (3) The methodology of any estimation technique, extrapolation, or statistical sampling used in conducting the examination; (4) Each calculation showing the value of property determined to be due; and (5) The findings of the person conducting the examination. Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
At the conclusion of an examination under § 66-29-157 , unless waived in writing by the person being examined, the treasurer shall provide to the person whose records were examined a complete and unredacted examination report, which must identify in detail:
(1) The work performed;
(2) The property types reviewed;
(3) The methodology of any estimation technique, extrapolation, or statistical sampling used in conducting the examination;
(4) Each calculation showing the value of property determined to be due; and
(5) The findings of the person conducting the examination.
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Tenn. Code Ann. § 66-29-170 — TN Code / Title 66 / Chapter 29 / Section 66-29-170
Action to enforce determination and secure payment or delivery
Status: in_force

(a) When a determination under § 66-29-166 becomes final, and after the period for filing an action under § 66-29-169 , the treasurer may commence an action in the chancery court for Davidson County or in an appropriate court of another state to enforce the determination and secure payment or delivery of past due, unpaid, or undelivered property. (b) In an action under subsection (a), if no court in this state has jurisdiction over the defendant, the treasurer may commence an action in a federal or state court of competent jurisdiction. Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
(a) When a determination under § 66-29-166 becomes final, and after the period for filing an action under § 66-29-169 , the treasurer may commence an action in the chancery court for Davidson County or in an appropriate court of another state to enforce the determination and secure payment or delivery of past due, unpaid, or undelivered property.
(b) In an action under subsection (a), if no court in this state has jurisdiction over the defendant, the treasurer may commence an action in a federal or state court of competent jurisdiction.
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Tenn. Code Ann. § 66-5-108 — TN Code / Title 66 / Chapter 5 / Section 66-5-108
Preservation, or extinguishment and reversion of mineral interests
Status: in_force

(a) (1) The general assembly finds that many owners of agricultural property who have separated titles have difficulty acquiring loans and in other ways have been hindered in fully developing the surface of land. (2) The general assembly further finds that there are mineral estates, separated from the surface, that have not been properly registered in the counties in which they are located, and are, therefore, not on the tax rolls, causing a significant loss of revenue to many Tennessee counties. (3) Further, the general assembly finds that many surface owners cannot discover from records at their courthouses whether they own the underlying mineral estate, or if they do not, who does, and that this situation causes undue hardship and title uncertainty for surface owners. (4) The general assembly further finds that where there are abandoned mineral estates, those on which no development has taken place, no taxes paid and no claim filed pursuant to this section, the rational development of minerals in Tennessee is hindered. (5) Thus, to promote commerce and agriculture and proper development of surface and mineral estates and to remedy uncertainties in title, the general assembly adopts this section. (b) For the purposes of this section and §§ 67-5-804(b) , 67-5-809 and 67-5-2502(e) : (1) "Mineral interest" means the interest which is created by an instrument, transferring either by grant, assignment, or reservation, or otherwise, an interest, of any kind, in coal, oil and gas, and other minerals; (2) "Statement of claim" means a document or instrument to be filed by the owner of a mineral interest in real property to make claim to that mineral interest; and (3) "Use of mineral interest" means that a mineral interest shall be deemed to be used when there are any minerals being produced thereunder or when operations are being conducted thereon for injection, withdrawal, storage or disposal of water, gas or other fluid substances, or when rentals or royalties are being paid to the owner thereof for the purposes of delaying or enjoying the use or exercise of such rights, or when any such use is being carried out on any tract with which such mineral interest may be unitized or pooled for production purposes, or when taxes are paid on such mineral interest by the owner of the land. (c) Any interest in coal, oil and gas, and other minerals shall, if unused for a period of twenty (20) years, be extinguished, unless a statement of claim is filed in accordance with subsection (d), and the ownership of the mineral interest shall revert to the owner of the surface. (d) (1) The statement of claim provided in subsection (c) shall be filed by the owner of the mineral interest prior to the end of the twenty-year period set forth in subsection (c) or within three (3) years after July 1, 1987, whichever is later. (2) The statement of claim shall contain the name and address of the owner or owners of such mineral interest. The claim shall cite tax maps and parcel numbers for the owner or owners of surface above the mineral estate, and a reference to the instrument under which the interest is claimed. (3) The statement of claim shall be filed with the office of the register of deeds in the county in which such land is located. (4) Upon filing of the statement of claim within the time provided, it shall be prima facie evidence in any legal proceedings that such mineral interest was being used on the date the statement of claim was filed. (e) (1) Any person who will succeed to the ownership of any mineral interest upon the lapse thereof may commence such lapse by filing, with the clerk and master of the county in which the mineral interest is located, a complaint of claim of abandoned mineral interest which may be in the following or a similar form: Click here to view form. (2) The complaint shall be verified and filed by the clerk and master upon payment of the fee provided in subdivision (e)(8). (3) Upon the filing of a complaint of claim of abandoned mineral interest the clerk and master shall give notice that the mineral interest identified in the complaint shall lapse in sixty (60) days by publishing the same once a week for three (3) consecutive weeks in a newspaper of general circulation in the county in which such mineral interest is located, and shall send by certified mail within ten (10) days after such publication a copy of such notice to the owner of such mineral interest identified by the plaintiff in the complaint of claim of abandoned mineral interest. (4) If, within sixty (60) days after publication provided in subdivision (e)(3), the mineral interest owner does not file with the clerk and master an answer alleging a claim to the mineral interest, the clerk and master shall so certify to the chancellor who shall enter the following order declaring the mineral interest has lapsed and vesting title to the mineral interest in the owner of the surface estate: Click here to view form. (5) All notices provided for in this section shall state the name of the owner of the mineral interest, if known, as shown of record, a description of the land and the name of the person filing the complaint of claim of abandoned mineral interest. (6) 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, upon the filing of the statement of claim provided in subsection (d) or the order provided in subdivision (e)(4) in the register of deeds office for the county where such interest is located, the register shall record the same in a book to be kept for that purpose, which shall be known as the "Dormant Mineral Interest Record," and shall indicate by marginal notation on the instrument creating the original mineral interest and the instrument creating the interest of the current surface owner, the filing of the statement of claim or order. (7) In order for the judicially determined lapse to be effective as to the subsequent interest holders, a certified copy of the final order evidencing the same must be recorded in the register of deeds office in the county where the property is located. (8) The clerk and master shall charge a fee of thirty dollars ($30.00) for the filing of the complaint of claim of abandoned mineral interest and the order provided for in this section and shall collect the fees necessary for the publication required in this section. (9) No complaint for claim of abandoned mineral interest shall be accepted for filing prior to July 1, 1990. (f) (1) Upon the filing of the statement of claim as provided in subsection (c), the register shall record the same in a book to be kept for that purpose which shall be known as the "Dormant Mineral Interest Record" and shall enter in the index where the instrument creating the original mineral interest is indexed a notation referencing the statement of claim. Upon the filing of the order as provided in subdivision (e)(4), the register shall record the order in the Dormant Mineral Interest Record and shall enter the filing of the order in the indexes referencing the instrument creating the original mineral interest and the instrument creating the interest of the current surface owner. (2) 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, upon the filing of the statement of claim as provided in subsection (c) or the proof of service of notice as provided in subsection (e) in the register of deeds office for the county where such interest is located, the register shall record the same in a book to be kept for that purpose, which shall be known as the "Dormant Mineral Interest Record," and shall indicate by marginal notation on the instrument creating the original mineral interest the filing of the statement of claim or affidavit of publication and service of notice. (g) Chapter 282 of the Public Acts of 1987 may not be waived at any time prior to the expiration of the twenty-year period provided in subsection (c). (h) This section applies in all ways to property owned by the state. (i) This section may not be waived at any time prior to the expiration of the twenty-year period provided in subsection (c). (j) No action shall be brought by any person to contest the lapse of a mineral interest pursuant to this section after three (3) years from the date such interest lapsed. (k) (1) Any person who prevails in an action to quiet title to challenge a statement of claim or a complaint for claim of abandoned mineral interests filed pursuant to this section may be awarded reasonable attorney's fees and costs if the court finds that the statement of claim or the complaint was not filed in good faith. A court may find that a statement of claim or the complaint was not filed in good faith if such was filed without reasonable inquiry, with no factual basis, and for purposes of harassment. (2) If the court finds no record of taxes paid or statement of claim filed for the lapsed mineral interests which references the mineral estate by tax map and parcel number, then a complaint for claim of abandoned mineral interest shall be deemed to have been filed in good faith. (l) The only parties of interest pursuant to this section shall be an owner of the mineral interest and a person who shall succeed to the ownership of the mineral interest upon its lapse. Any third person claiming title or interest in any matter pursuant to this section shall prove by verified complaint, affidavit or other evidence that the third person's rights are or will be violated and that such third person will suffer injury, loss or damage if not allowed to become a party thereto. Acts 1987, ch. 282, §§ 1, 2, 7, 9, 12; 1988, ch. 636, §§ 15, 16; 1988, ch. 702, §§ 1, 2; 1990, ch. 902, §§ 17, 18.
(a) (1) The general assembly finds that many owners of agricultural property who have separated titles have difficulty acquiring loans and in other ways have been hindered in fully developing the surface of land. (2) The general assembly further finds that there are mineral estates, separated from the surface, that have not been properly registered in the counties in which they are located, and are, therefore, not on the tax rolls, causing a significant loss of revenue to many Tennessee counties. (3) Further, the general assembly finds that many surface owners cannot discover from records at their courthouses whether they own the underlying mineral estate, or if they do not, who does, and that this situation causes undue hardship and title uncertainty for surface owners. (4) The general assembly further finds that where there are abandoned mineral estates, those on which no development has taken place, no taxes paid and no claim filed pursuant to this section, the rational development of minerals in Tennessee is hindered. (5) Thus, to promote commerce and agriculture and proper development of surface and mineral estates and to remedy uncertainties in title, the general assembly adopts this section.
(1) The general assembly finds that many owners of agricultural property who have separated titles have difficulty acquiring loans and in other ways have been hindered in fully developing the surface of land.
(2) The general assembly further finds that there are mineral estates, separated from the surface, that have not been properly registered in the counties in which they are located, and are, therefore, not on the tax rolls, causing a significant loss of revenue to many Tennessee counties.
(3) Further, the general assembly finds that many surface owners cannot discover from records at their courthouses whether they own the underlying mineral estate, or if they do not, who does, and that this situation causes undue hardship and title uncertainty for surface owners.
(4) The general assembly further finds that where there are abandoned mineral estates, those on which no development has taken place, no taxes paid and no claim filed pursuant to this section, the rational development of minerals in Tennessee is hindered.
(5) Thus, to promote commerce and agriculture and proper development of surface and mineral estates and to remedy uncertainties in title, the general assembly adopts this section.
(b) For the purposes of this section and §§ 67-5-804(b) , 67-5-809 and 67-5-2502(e) : (1) "Mineral interest" means the interest which is created by an instrument, transferring either by grant, assignment, or reservation, or otherwise, an interest, of any kind, in coal, oil and gas, and other minerals; (2) "Statement of claim" means a document or instrument to be filed by the owner of a mineral interest in real property to make claim to that mineral interest; and (3) "Use of mineral interest" means that a mineral interest shall be deemed to be used when there are any minerals being produced thereunder or when operations are being conducted thereon for injection, withdrawal, storage or disposal of water, gas or other fluid substances, or when rentals or royalties are being paid to the owner thereof for the purposes of delaying or enjoying the use or exercise of such rights, or when any such use is being carried out on any tract with which such mineral interest may be unitized or pooled for production purposes, or when taxes are paid on such mineral interest by the owner of the land.
(1) "Mineral interest" means the interest which is created by an instrument, transferring either by grant, assignment, or reservation, or otherwise, an interest, of any kind, in coal, oil and gas, and other minerals;
(2) "Statement of claim" means a document or instrument to be filed by the owner of a mineral interest in real property to make claim to that mineral interest; and
(3) "Use of mineral interest" means that a mineral interest shall be deemed to be used when there are any minerals being produced thereunder or when operations are being conducted thereon for injection, withdrawal, storage or disposal of water, gas or other fluid substances, or when rentals or royalties are being paid to the owner thereof for the purposes of delaying or enjoying the use or exercise of such rights, or when any such use is being carried out on any tract with which such mineral interest may be unitized or pooled for production purposes, or when taxes are paid on such mineral interest by the owner of the land.
(c) Any interest in coal, oil and gas, and other minerals shall, if unused for a period of twenty (20) years, be extinguished, unless a statement of claim is filed in accordance with subsection (d), and the ownership of the mineral interest shall revert to the owner of the surface.
(d) (1) The statement of claim provided in subsection (c) shall be filed by the owner of the mineral interest prior to the end of the twenty-year period set forth in subsection (c) or within three (3) years after July 1, 1987, whichever is later. (2) The statement of claim shall contain the name and address of the owner or owners of such mineral interest. The claim shall cite tax maps and parcel numbers for the owner or owners of surface above the mineral estate, and a reference to the instrument under which the interest is claimed. (3) The statement of claim shall be filed with the office of the register of deeds in the county in which such land is located. (4) Upon filing of the statement of claim within the time provided, it shall be prima facie evidence in any legal proceedings that such mineral interest was being used on the date the statement of claim was filed.
(1) The statement of claim provided in subsection (c) shall be filed by the owner of the mineral interest prior to the end of the twenty-year period set forth in subsection (c) or within three (3) years after July 1, 1987, whichever is later.
(2) The statement of claim shall contain the name and address of the owner or owners of such mineral interest. The claim shall cite tax maps and parcel numbers for the owner or owners of surface above the mineral estate, and a reference to the instrument under which the interest is claimed.
(3) The statement of claim shall be filed with the office of the register of deeds in the county in which such land is located.
(4) Upon filing of the statement of claim within the time provided, it shall be prima facie evidence in any legal proceedings that such mineral interest was being used on the date the statement of claim was filed.
(e) (1) Any person who will succeed to the ownership of any mineral interest upon the lapse thereof may commence such lapse by filing, with the clerk and master of the county in which the mineral interest is located, a complaint of claim of abandoned mineral interest which may be in the following or a similar form: Click here to view form. (2) The complaint shall be verified and filed by the clerk and master upon payment of the fee provided in subdivision (e)(8). (3) Upon the filing of a complaint of claim of abandoned mineral interest the clerk and master shall give notice that the mineral interest identified in the complaint shall lapse in sixty (60) days by publishing the same once a week for three (3) consecutive weeks in a newspaper of general circulation in the county in which such mineral interest is located, and shall send by certified mail within ten (10) days after such publication a copy of such notice to the owner of such mineral interest identified by the plaintiff in the complaint of claim of abandoned mineral interest. (4) If, within sixty (60) days after publication provided in subdivision (e)(3), the mineral interest owner does not file with the clerk and master an answer alleging a claim to the mineral interest, the clerk and master shall so certify to the chancellor who shall enter the following order declaring the mineral interest has lapsed and vesting title to the mineral interest in the owner of the surface estate: Click here to view form. (5) All notices provided for in this section shall state the name of the owner of the mineral interest, if known, as shown of record, a description of the land and the name of the person filing the complaint of claim of abandoned mineral interest. (6) 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, upon the filing of the statement of claim provided in subsection (d) or the order provided in subdivision (e)(4) in the register of deeds office for the county where such interest is located, the register shall record the same in a book to be kept for that purpose, which shall be known as the "Dormant Mineral Interest Record," and shall indicate by marginal notation on the instrument creating the original mineral interest and the instrument creating the interest of the current surface owner, the filing of the statement of claim or order. (7) In order for the judicially determined lapse to be effective as to the subsequent interest holders, a certified copy of the final order evidencing the same must be recorded in the register of deeds office in the county where the property is located. (8) The clerk and master shall charge a fee of thirty dollars ($30.00) for the filing of the complaint of claim of abandoned mineral interest and the order provided for in this section and shall collect the fees necessary for the publication required in this section. (9) No complaint for claim of abandoned mineral interest shall be accepted for filing prior to July 1, 1990.
(1) Any person who will succeed to the ownership of any mineral interest upon the lapse thereof may commence such lapse by filing, with the clerk and master of the county in which the mineral interest is located, a complaint of claim of abandoned mineral interest which may be in the following or a similar form: Click here to view form.
Click here to view form.
(2) The complaint shall be verified and filed by the clerk and master upon payment of the fee provided in subdivision (e)(8).
(3) Upon the filing of a complaint of claim of abandoned mineral interest the clerk and master shall give notice that the mineral interest identified in the complaint shall lapse in sixty (60) days by publishing the same once a week for three (3) consecutive weeks in a newspaper of general circulation in the county in which such mineral interest is located, and shall send by certified mail within ten (10) days after such publication a copy of such notice to the owner of such mineral interest identified by the plaintiff in the complaint of claim of abandoned mineral interest.
(4) If, within sixty (60) days after publication provided in subdivision (e)(3), the mineral interest owner does not file with the clerk and master an answer alleging a claim to the mineral interest, the clerk and master shall so certify to the chancellor who shall enter the following order declaring the mineral interest has lapsed and vesting title to the mineral interest in the owner of the surface estate: Click here to view form.
Click here to view form.
(5) All notices provided for in this section shall state the name of the owner of the mineral interest, if known, as shown of record, a description of the land and the name of the person filing the complaint of claim of abandoned mineral interest.
(6) 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, upon the filing of the statement of claim provided in subsection (d) or the order provided in subdivision (e)(4) in the register of deeds office for the county where such interest is located, the register shall record the same in a book to be kept for that purpose, which shall be known as the "Dormant Mineral Interest Record," and shall indicate by marginal notation on the instrument creating the original mineral interest and the instrument creating the interest of the current surface owner, the filing of the statement of claim or order.
(7) In order for the judicially determined lapse to be effective as to the subsequent interest holders, a certified copy of the final order evidencing the same must be recorded in the register of deeds office in the county where the property is located.
(8) The clerk and master shall charge a fee of thirty dollars ($30.00) for the filing of the complaint of claim of abandoned mineral interest and the order provided for in this section and shall collect the fees necessary for the publication required in this section.
(9) No complaint for claim of abandoned mineral interest shall be accepted for filing prior to July 1, 1990.
(f) (1) Upon the filing of the statement of claim as provided in subsection (c), the register shall record the same in a book to be kept for that purpose which shall be known as the "Dormant Mineral Interest Record" and shall enter in the index where the instrument creating the original mineral interest is indexed a notation referencing the statement of claim. Upon the filing of the order as provided in subdivision (e)(4), the register shall record the order in the Dormant Mineral Interest Record and shall enter the filing of the order in the indexes referencing the instrument creating the original mineral interest and the instrument creating the interest of the current surface owner. (2) 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, upon the filing of the statement of claim as provided in subsection (c) or the proof of service of notice as provided in subsection (e) in the register of deeds office for the county where such interest is located, the register shall record the same in a book to be kept for that purpose, which shall be known as the "Dormant Mineral Interest Record," and shall indicate by marginal notation on the instrument creating the original mineral interest the filing of the statement of claim or affidavit of publication and service of notice.
(1) Upon the filing of the statement of claim as provided in subsection (c), the register shall record the same in a book to be kept for that purpose which shall be known as the "Dormant Mineral Interest Record" and shall enter in the index where the instrument creating the original mineral interest is indexed a notation referencing the statement of claim. Upon the filing of the order as provided in subdivision (e)(4), the register shall record the order in the Dormant Mineral Interest Record and shall enter the filing of the order in the indexes referencing the instrument creating the original mineral interest and the instrument creating the interest of the current surface owner.
(2) 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, upon the filing of the statement of claim as provided in subsection (c) or the proof of service of notice as provided in subsection (e) in the register of deeds office for the county where such interest is located, the register shall record the same in a book to be kept for that purpose, which shall be known as the "Dormant Mineral Interest Record," and shall indicate by marginal notation on the instrument creating the original mineral interest the filing of the statement of claim or affidavit of publication and service of notice.
(g) Chapter 282 of the Public Acts of 1987 may not be waived at any time prior to the expiration of the twenty-year period provided in subsection (c).
(h) This section applies in all ways to property owned by the state.
(i) This section may not be waived at any time prior to the expiration of the twenty-year period provided in subsection (c).
(j) No action shall be brought by any person to contest the lapse of a mineral interest pursuant to this section after three (3) years from the date such interest lapsed.
(k) (1) Any person who prevails in an action to quiet title to challenge a statement of claim or a complaint for claim of abandoned mineral interests filed pursuant to this section may be awarded reasonable attorney's fees and costs if the court finds that the statement of claim or the complaint was not filed in good faith. A court may find that a statement of claim or the complaint was not filed in good faith if such was filed without reasonable inquiry, with no factual basis, and for purposes of harassment. (2) If the court finds no record of taxes paid or statement of claim filed for the lapsed mineral interests which references the mineral estate by tax map and parcel number, then a complaint for claim of abandoned mineral interest shall be deemed to have been filed in good faith.
(1) Any person who prevails in an action to quiet title to challenge a statement of claim or a complaint for claim of abandoned mineral interests filed pursuant to this section may be awarded reasonable attorney's fees and costs if the court finds that the statement of claim or the complaint was not filed in good faith. A court may find that a statement of claim or the complaint was not filed in good faith if such was filed without reasonable inquiry, with no factual basis, and for purposes of harassment.
(2) If the court finds no record of taxes paid or statement of claim filed for the lapsed mineral interests which references the mineral estate by tax map and parcel number, then a complaint for claim of abandoned mineral interest shall be deemed to have been filed in good faith.
(l) The only parties of interest pursuant to this section shall be an owner of the mineral interest and a person who shall succeed to the ownership of the mineral interest upon its lapse. Any third person claiming title or interest in any matter pursuant to this section shall prove by verified complaint, affidavit or other evidence that the third person's rights are or will be violated and that such third person will suffer injury, loss or damage if not allowed to become a party thereto.
Acts 1987, ch. 282, §§ 1, 2, 7, 9, 12; 1988, ch. 636, §§ 15, 16; 1988, ch. 702, §§ 1, 2; 1990, ch. 902, §§ 17, 18.
5_108_1 - Attachment
5_108_2 - Attachment
Tenn. Code Ann. § 66-1-111 — TN Code / Title 66 / Chapter 1 / Section 66-1-111
Doctrine of worthier title abolished
Status: in_force

(a) The doctrine of worthier title in both its inter vivos and testamentary branches, as it may apply to any kind of property, and regardless of whether it is applied as a rule of property or of construction, is abolished for all effects and purposes. This section shall not affect any right in property heretofore vested, and shall not affect the reversion of the grantor of any deed heretofore given. The doctrine of worthier title shall not operate to affect the disposition of property by the will of any person dying after July 1, 1983. (b) The consent of the beneficiaries of any express trust whenever created who are described in the trust only as the heirs of the settlor or the heirs of the settlor's body shall not be required for the termination of such trust during the life of the settlor. Acts 1983, ch. 242, § 1.
(a) The doctrine of worthier title in both its inter vivos and testamentary branches, as it may apply to any kind of property, and regardless of whether it is applied as a rule of property or of construction, is abolished for all effects and purposes. This section shall not affect any right in property heretofore vested, and shall not affect the reversion of the grantor of any deed heretofore given. The doctrine of worthier title shall not operate to affect the disposition of property by the will of any person dying after July 1, 1983.
(b) The consent of the beneficiaries of any express trust whenever created who are described in the trust only as the heirs of the settlor or the heirs of the settlor's body shall not be required for the termination of such trust during the life of the settlor.
Acts 1983, ch. 242, § 1.
Tenn. Code Ann. § 66-9-309 — TN Code / Title 66 / Chapter 9 / Section 66-9-309
Applicability
Status: in_force

This part shall not affect any easement entered into prior to July 1, 1981, nor any rights, privileges or duties pursuant to such easements. Acts 1981, ch. 361, § 14; T.C.A., § 64-9-309.
This part shall not affect any easement entered into prior to July 1, 1981, nor any rights, privileges or duties pursuant to such easements.
Acts 1981, ch. 361, § 14; T.C.A., § 64-9-309.
Tenn. Code Ann. § 66-11-126 — TN Code / Title 66 / Chapter 11 / Section 66-11-126
Methods of enforcement
Status: in_force

Liens under this chapter, except as provided in subdivision (5)(A), shall be enforced only by the filing of a complaint, petition, or civil warrant seeking the issuance of an attachment in the manner as follows: (1) For a prime contractor, the lien shall be enforced in a court of law or equity by complaint and writ of attachment or in a court of general sessions having jurisdiction by a warrant for the sum claimed and writ of attachment, filed under oath, setting forth the facts, describing the real property, with process to be served on the person or persons whose interests the prime contractor seeks to attach and sell; (2) For a remote contractor, the lien shall be enforced in a court of law or equity by complaint and writ of attachment or in a court of general sessions having jurisdiction by a warrant for the sum claimed and writ of attachment, filed under oath, setting forth the facts and describing the real property with process to be served on the person or persons whose interests the remote contractor seeks to attach and sell. In the discretion of the plaintiff or complainant, the complaint or warrant may also be served on the prime contractor or remote contractor in any degree, with whom the plaintiff or complainant is in contractual privity. In either event, the person or persons whose interest the remote contractor seeks to attach and sell shall have the right to make the prime contractor or remote contractor a defendant by third-party complaint or cross-claim as is otherwise provided by law; (3) A complaint, petition, or civil warrant under this chapter is timely filed if a suit seeking the issuance of an attachment is filed within the applicable period of time, even if the attachment is not issued or served within the applicable period. The clerk of the court in which the suit is brought shall issue the attachment writ without obtaining fiat of a judge or chancellor; (4) The clerk of the court to whom application for attachment is made shall, before issuing the attachment, require the plaintiff, or the plaintiff's agent or attorney to execute a bond with sufficient surety, payable to the defendant or defendants in the amount of one thousand dollars ($1,000) or the amount of the lien claimed, whichever is less; provided, that a party may petition the court for an increase in the amount for good cause shown, and conditioned that the plaintiff will prosecute the attachment with effect or, in case of failure, pay the defendant or defendants all costs that may be adjudged against the defendant or defendants and all such damages as the defendant or defendants may sustain by the wrongful suing out of the attachment; and (5) (A) Where a bond has been provided pursuant to § 66-11-124 , § 66-11-136 , or § 66-11-142 , an attachment on the real property shall not be necessary after the bond has been recorded, and the claim shall be enforced by a complaint, petition, or civil warrant on the bond before the circuit or chancery court, or before a court of general sessions where the amount is within its jurisdiction, filed under oath, setting forth the facts and describing the real property with process to be served on the obligors on the bond. In the discretion of the plaintiff or complainant, the complaint or warrant may also be served on the owner or owner's agent, prime contractor or remote contractor in any degree with whom the plaintiff is in contractual privity. In either event, the obligors on the bond shall have the right to make the owner or owner's agent, prime contractor, or any remote contractor of any degree a defendant by third-party complaint or cross-claim as is otherwise provided by law. Any complaint, petition, or civil warrant on the bond shall be filed in the county where any portion of the real property is located; (B) Where a lien is enforced pursuant to this subdivision (5), or after suit is commenced on a bond provided pursuant to § 66-11-124 , § 66-11-136 , or § 66-11-142 , the plaintiff shall, in case of failure to prosecute the suit with effect, pay the defendant or defendants all costs adjudged against the defendant or defendants and all the damages the defendant or defendants may sustain by the wrongful assertion of the lien; and (C) Where a complaint, petition, or civil warrant is brought pursuant to this subdivision (5), or after suit is commenced on a bond provided pursuant to § 66-11-124 , § 66-11-136 , or § 66-11-142 , the defendants shall retain all defenses to the validity of the underlying lien. Amended by 2020 Tenn. Acts, ch. 749, s 2, eff. 7/1/2020. Amended by 2014 Tenn. Acts, ch. 557, s 1, eff. 7/1/2014. Amended by 2015 Tenn. Acts, ch. 117, s 1, eff. 4/10/2015. Code 1932, § 7948; Acts 1957, ch. 235, § 1; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 64-1126; Acts 2007 , ch. 189, § 25.
Liens under this chapter, except as provided in subdivision (5)(A), shall be enforced only by the filing of a complaint, petition, or civil warrant seeking the issuance of an attachment in the manner as follows:
(1) For a prime contractor, the lien shall be enforced in a court of law or equity by complaint and writ of attachment or in a court of general sessions having jurisdiction by a warrant for the sum claimed and writ of attachment, filed under oath, setting forth the facts, describing the real property, with process to be served on the person or persons whose interests the prime contractor seeks to attach and sell;
(2) For a remote contractor, the lien shall be enforced in a court of law or equity by complaint and writ of attachment or in a court of general sessions having jurisdiction by a warrant for the sum claimed and writ of attachment, filed under oath, setting forth the facts and describing the real property with process to be served on the person or persons whose interests the remote contractor seeks to attach and sell. In the discretion of the plaintiff or complainant, the complaint or warrant may also be served on the prime contractor or remote contractor in any degree, with whom the plaintiff or complainant is in contractual privity. In either event, the person or persons whose interest the remote contractor seeks to attach and sell shall have the right to make the prime contractor or remote contractor a defendant by third-party complaint or cross-claim as is otherwise provided by law;
(3) A complaint, petition, or civil warrant under this chapter is timely filed if a suit seeking the issuance of an attachment is filed within the applicable period of time, even if the attachment is not issued or served within the applicable period. The clerk of the court in which the suit is brought shall issue the attachment writ without obtaining fiat of a judge or chancellor;
(4) The clerk of the court to whom application for attachment is made shall, before issuing the attachment, require the plaintiff, or the plaintiff's agent or attorney to execute a bond with sufficient surety, payable to the defendant or defendants in the amount of one thousand dollars ($1,000) or the amount of the lien claimed, whichever is less; provided, that a party may petition the court for an increase in the amount for good cause shown, and conditioned that the plaintiff will prosecute the attachment with effect or, in case of failure, pay the defendant or defendants all costs that may be adjudged against the defendant or defendants and all such damages as the defendant or defendants may sustain by the wrongful suing out of the attachment; and
(5) (A) Where a bond has been provided pursuant to § 66-11-124 , § 66-11-136 , or § 66-11-142 , an attachment on the real property shall not be necessary after the bond has been recorded, and the claim shall be enforced by a complaint, petition, or civil warrant on the bond before the circuit or chancery court, or before a court of general sessions where the amount is within its jurisdiction, filed under oath, setting forth the facts and describing the real property with process to be served on the obligors on the bond. In the discretion of the plaintiff or complainant, the complaint or warrant may also be served on the owner or owner's agent, prime contractor or remote contractor in any degree with whom the plaintiff is in contractual privity. In either event, the obligors on the bond shall have the right to make the owner or owner's agent, prime contractor, or any remote contractor of any degree a defendant by third-party complaint or cross-claim as is otherwise provided by law. Any complaint, petition, or civil warrant on the bond shall be filed in the county where any portion of the real property is located; (B) Where a lien is enforced pursuant to this subdivision (5), or after suit is commenced on a bond provided pursuant to § 66-11-124 , § 66-11-136 , or § 66-11-142 , the plaintiff shall, in case of failure to prosecute the suit with effect, pay the defendant or defendants all costs adjudged against the defendant or defendants and all the damages the defendant or defendants may sustain by the wrongful assertion of the lien; and (C) Where a complaint, petition, or civil warrant is brought pursuant to this subdivision (5), or after suit is commenced on a bond provided pursuant to § 66-11-124 , § 66-11-136 , or § 66-11-142 , the defendants shall retain all defenses to the validity of the underlying lien.
(A) Where a bond has been provided pursuant to § 66-11-124 , § 66-11-136 , or § 66-11-142 , an attachment on the real property shall not be necessary after the bond has been recorded, and the claim shall be enforced by a complaint, petition, or civil warrant on the bond before the circuit or chancery court, or before a court of general sessions where the amount is within its jurisdiction, filed under oath, setting forth the facts and describing the real property with process to be served on the obligors on the bond. In the discretion of the plaintiff or complainant, the complaint or warrant may also be served on the owner or owner's agent, prime contractor or remote contractor in any degree with whom the plaintiff is in contractual privity. In either event, the obligors on the bond shall have the right to make the owner or owner's agent, prime contractor, or any remote contractor of any degree a defendant by third-party complaint or cross-claim as is otherwise provided by law. Any complaint, petition, or civil warrant on the bond shall be filed in the county where any portion of the real property is located;
(B) Where a lien is enforced pursuant to this subdivision (5), or after suit is commenced on a bond provided pursuant to § 66-11-124 , § 66-11-136 , or § 66-11-142 , the plaintiff shall, in case of failure to prosecute the suit with effect, pay the defendant or defendants all costs adjudged against the defendant or defendants and all the damages the defendant or defendants may sustain by the wrongful assertion of the lien; and
(C) Where a complaint, petition, or civil warrant is brought pursuant to this subdivision (5), or after suit is commenced on a bond provided pursuant to § 66-11-124 , § 66-11-136 , or § 66-11-142 , the defendants shall retain all defenses to the validity of the underlying lien.
Amended by 2020 Tenn. Acts, ch. 749, s 2, eff. 7/1/2020.
Amended by 2014 Tenn. Acts, ch. 557, s 1, eff. 7/1/2014.
Amended by 2015 Tenn. Acts, ch. 117, s 1, eff. 4/10/2015.
Code 1932, § 7948; Acts 1957, ch. 235, § 1; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 64-1126; Acts 2007 , ch. 189, § 25.
Tenn. Code Ann. § 66-32-206 — TN Code / Title 66 / Chapter 32 / Section 66-32-206
Reservation systems
Status: in_force

(a) A vacation club's reservation system shall be subject to the requirements for subordination or other financial assurances set forth in this part. Prior to offering vacation club interests, a developer shall create or provide a reservation system, including all appropriate computer hardware and software which is necessary to satisfy owners' reasonable expectations concerning the use and occupancy of the vacation club's accommodations, based upon the developer's representations and the terms and conditions of the vacation club documents, and establish rules and regulations for its operation. In establishing such rules and regulations, the developer shall take into account the anticipated demand for use and occupancy of the vacation club's accommodations in view of the size and type of each accommodation, each component site location, the time of year, the projected common expenses of the vacation club from year to year, and all other relevant factors, and shall use its good faith and best efforts, based upon all evidence reasonably available to the developer under the circumstances, to maximize the collective opportunities for all of the owners of vacation club interests to use and occupy the vacation club's accommodations. (b) (1) The person or persons authorized by the vacation club documents to make additions or substitutions of accommodations to the vacation club, pursuant to this part, shall owe a fiduciary duty to each owner of a vacation club interest to act in the collective best interests of all such owners in connection with any such addition or substitution and to adhere to the demand balancing standard set forth above in ascertaining the desirability of any proposed addition or substitution and the anticipated impact thereof upon the practical ability of owners to reserve, use, and occupy the vacation club's accommodations. (2) Prior to offering any vacation club interest in a vacation club, a developer shall provide to the commission satisfactory evidence of the existence of the vacation club's reservation system and shall certify to the commission that such reservation system is fully operative. (3) Any agreement between a vacation club and a reservation system provider must state that, following a termination of the provider's contract by either party, the reservation system provider will, in the vacation club managing entity's sole discretion, either: (A) Permit the vacation club to utilize the reservation system for a transition period of up to nine (9) months in the same manner and at the same cost as the vacation club utilized the reservation system prior to the termination in order to afford the vacation club managing entity a reasonable opportunity to obtain a new reservation system and arrange for the transfer of all relevant data from the old reservation system to the new reservation system as described in subdivision (b)(3)(B); or (B) Promptly transfer to the vacation club managing entity all relevant data contained in the reservation system, including but not limited to the names, addresses, and reservation status of accommodations at the vacation club's component sites, the names and addresses of all owners, all outstanding confirmed reservations and reservation requests, and such other owner and component site records and information as is sufficient, in the reasonable discretion of the vacation club managing entity, to permit the uninterrupted operation and administration of the vacation club for the collective benefit of owners of vacation club interests therein. All reasonable costs incurred by the reservation system provider in effecting such transfer shall be reimbursed thereto and shall constitute common expenses of the vacation club. Acts 1995, ch. 90, § 8.
(a) A vacation club's reservation system shall be subject to the requirements for subordination or other financial assurances set forth in this part. Prior to offering vacation club interests, a developer shall create or provide a reservation system, including all appropriate computer hardware and software which is necessary to satisfy owners' reasonable expectations concerning the use and occupancy of the vacation club's accommodations, based upon the developer's representations and the terms and conditions of the vacation club documents, and establish rules and regulations for its operation. In establishing such rules and regulations, the developer shall take into account the anticipated demand for use and occupancy of the vacation club's accommodations in view of the size and type of each accommodation, each component site location, the time of year, the projected common expenses of the vacation club from year to year, and all other relevant factors, and shall use its good faith and best efforts, based upon all evidence reasonably available to the developer under the circumstances, to maximize the collective opportunities for all of the owners of vacation club interests to use and occupy the vacation club's accommodations.
(b) (1) The person or persons authorized by the vacation club documents to make additions or substitutions of accommodations to the vacation club, pursuant to this part, shall owe a fiduciary duty to each owner of a vacation club interest to act in the collective best interests of all such owners in connection with any such addition or substitution and to adhere to the demand balancing standard set forth above in ascertaining the desirability of any proposed addition or substitution and the anticipated impact thereof upon the practical ability of owners to reserve, use, and occupy the vacation club's accommodations. (2) Prior to offering any vacation club interest in a vacation club, a developer shall provide to the commission satisfactory evidence of the existence of the vacation club's reservation system and shall certify to the commission that such reservation system is fully operative. (3) Any agreement between a vacation club and a reservation system provider must state that, following a termination of the provider's contract by either party, the reservation system provider will, in the vacation club managing entity's sole discretion, either: (A) Permit the vacation club to utilize the reservation system for a transition period of up to nine (9) months in the same manner and at the same cost as the vacation club utilized the reservation system prior to the termination in order to afford the vacation club managing entity a reasonable opportunity to obtain a new reservation system and arrange for the transfer of all relevant data from the old reservation system to the new reservation system as described in subdivision (b)(3)(B); or (B) Promptly transfer to the vacation club managing entity all relevant data contained in the reservation system, including but not limited to the names, addresses, and reservation status of accommodations at the vacation club's component sites, the names and addresses of all owners, all outstanding confirmed reservations and reservation requests, and such other owner and component site records and information as is sufficient, in the reasonable discretion of the vacation club managing entity, to permit the uninterrupted operation and administration of the vacation club for the collective benefit of owners of vacation club interests therein. All reasonable costs incurred by the reservation system provider in effecting such transfer shall be reimbursed thereto and shall constitute common expenses of the vacation club.
(1) The person or persons authorized by the vacation club documents to make additions or substitutions of accommodations to the vacation club, pursuant to this part, shall owe a fiduciary duty to each owner of a vacation club interest to act in the collective best interests of all such owners in connection with any such addition or substitution and to adhere to the demand balancing standard set forth above in ascertaining the desirability of any proposed addition or substitution and the anticipated impact thereof upon the practical ability of owners to reserve, use, and occupy the vacation club's accommodations.
(2) Prior to offering any vacation club interest in a vacation club, a developer shall provide to the commission satisfactory evidence of the existence of the vacation club's reservation system and shall certify to the commission that such reservation system is fully operative.
(3) Any agreement between a vacation club and a reservation system provider must state that, following a termination of the provider's contract by either party, the reservation system provider will, in the vacation club managing entity's sole discretion, either: (A) Permit the vacation club to utilize the reservation system for a transition period of up to nine (9) months in the same manner and at the same cost as the vacation club utilized the reservation system prior to the termination in order to afford the vacation club managing entity a reasonable opportunity to obtain a new reservation system and arrange for the transfer of all relevant data from the old reservation system to the new reservation system as described in subdivision (b)(3)(B); or (B) Promptly transfer to the vacation club managing entity all relevant data contained in the reservation system, including but not limited to the names, addresses, and reservation status of accommodations at the vacation club's component sites, the names and addresses of all owners, all outstanding confirmed reservations and reservation requests, and such other owner and component site records and information as is sufficient, in the reasonable discretion of the vacation club managing entity, to permit the uninterrupted operation and administration of the vacation club for the collective benefit of owners of vacation club interests therein. All reasonable costs incurred by the reservation system provider in effecting such transfer shall be reimbursed thereto and shall constitute common expenses of the vacation club.
(A) Permit the vacation club to utilize the reservation system for a transition period of up to nine (9) months in the same manner and at the same cost as the vacation club utilized the reservation system prior to the termination in order to afford the vacation club managing entity a reasonable opportunity to obtain a new reservation system and arrange for the transfer of all relevant data from the old reservation system to the new reservation system as described in subdivision (b)(3)(B); or
(B) Promptly transfer to the vacation club managing entity all relevant data contained in the reservation system, including but not limited to the names, addresses, and reservation status of accommodations at the vacation club's component sites, the names and addresses of all owners, all outstanding confirmed reservations and reservation requests, and such other owner and component site records and information as is sufficient, in the reasonable discretion of the vacation club managing entity, to permit the uninterrupted operation and administration of the vacation club for the collective benefit of owners of vacation club interests therein. All reasonable costs incurred by the reservation system provider in effecting such transfer shall be reimbursed thereto and shall constitute common expenses of the vacation club.
Acts 1995, ch. 90, § 8.
Tenn. Code Ann. § 66-29-174 — TN Code / Title 66 / Chapter 29 / Section 66-29-174
Civil penalty for evasion or failure to perform duty - Civil penalty for making fraudulent report
Status: in_force

(a) If a holder enters into a contract or other arrangement for the purpose of evading an obligation under this part, or otherwise willfully fails to perform a duty imposed on the holder under this part, the treasurer may assess against the holder a civil penalty of one thousand dollars ($1,000) for each day the obligation is evaded or the duty is not performed, up to a cumulative maximum amount of twenty-five thousand dollars ($25,000), plus an additional twenty-five percent (25%) of the amount or value of any property for which the holder had a duty or obligation to report, pay, or deliver under this part. (b) If a holder makes a fraudulent report under this part, the treasurer may assess against the holder a civil penalty of one thousand dollars ($1,000) for each day from the date the fraudulent report was filed until a true and correct report is filed, up to a cumulative maximum of twenty-five thousand dollars ($25,000), plus an additional twenty-five percent (25%) of the amount or value of any property for which the holder had duty to report. Added by 2017 Tenn. Acts, ch. 457, s 1, eff. 7/1/2017.
(a) If a holder enters into a contract or other arrangement for the purpose of evading an obligation under this part, or otherwise willfully fails to perform a duty imposed on the holder under this part, the treasurer may assess against the holder a civil penalty of one thousand dollars ($1,000) for each day the obligation is evaded or the duty is not performed, up to a cumulative maximum amount of twenty-five thousand dollars ($25,000), plus an additional twenty-five percent (25%) of the amount or value of any property for which the holder had a duty or obligation to report, pay, or deliver under this part.
(b) If a holder makes a fraudulent report under this part, the treasurer may assess against the holder a civil penalty of one thousand dollars ($1,000) for each day from the date the fraudulent report was filed until a true and correct report is filed, up to a cumulative maximum of twenty-five thousand dollars ($25,000), plus an additional twenty-five percent (25%) of the amount or value of any property for which the holder had duty to report.
Added by 2017 Tenn. Acts, ch. 457, s 1, eff. 7/1/2017.
Tenn. Code Ann. § 66-32-132 — TN Code / Title 66 / Chapter 32 / Section 66-32-132
Advertising - Specific prohibitions
Status: in_force

No advertising for the offer or sale of time-share intervals shall: (1) Contain any representation as to the availability of a resale program or rental program offered by or on behalf of the developer or its affiliate unless the resale program and/or rental program has been made a part of the offering and submitted to the commission; (2) Contain an offer or inducement to purchase which purports to be limited as to quantity or restricted as to time unless the numerical quantity and/or time applicable to the offer or inducement is clearly and conspicuously disclosed; (3) Contain any statement concerning the investment merit or profit potential of the time-share interval unless the commission has determined from evidence submitted on behalf of the developer that the representation is neither false nor misleading; (4) Make a prediction of or imply specific or immediate increases in the price or value of the time-share intervals; nor shall a price increase of a time-share interval be announced more than sixty (60) days prior to the date that the increase will be placed into effect; (5) Contain statements concerning the availability of time-share intervals at a particular minimum price if the number of time-share intervals available at that price comprises less than ten percent (10%) of the unsold inventory of the developer, unless the number of time-share intervals then for sale at the minimum price is set forth in the advertisement; (6) Contain any statement that the time-share interval being offered for sale can be further divided unless a full disclosure is included as to the legal requirements for further division of the time-share interval; (7) Contain any asterisk or other reference symbol as a means of contradicting or changing the ordinary meaning of any previously made statement in the advertisement; (8) Misrepresent the size, nature, extent, qualities, or characteristics of the accommodations or facilities which comprise the time-share project; (9) Misrepresent the nature or extent of any services incident to the time-share project; (10) Misrepresent or imply that a facility or service is available for the exclusive use of purchasers or owners if a public right of access or of use of the facility or service exists; (11) Make any misleading or deceptive representation with respect to the contents of the time-share program, the purchase contract, the purchaser's rights, privileges, benefits or obligations under the purchase contract or this part; (12) Misrepresent the conditions under which a purchaser or owner may participate in an exchange program; or (13) Describe any proposed or uncompleted private facilities over which the developer has no control unless the estimated date of completion is set forth and evidence has been presented to the commission that the completion and operation of the facilities are reasonably assured within the time represented in the advertisement. Acts 1983, ch. 210, § 8.
No advertising for the offer or sale of time-share intervals shall:
(1) Contain any representation as to the availability of a resale program or rental program offered by or on behalf of the developer or its affiliate unless the resale program and/or rental program has been made a part of the offering and submitted to the commission;
(2) Contain an offer or inducement to purchase which purports to be limited as to quantity or restricted as to time unless the numerical quantity and/or time applicable to the offer or inducement is clearly and conspicuously disclosed;
(3) Contain any statement concerning the investment merit or profit potential of the time-share interval unless the commission has determined from evidence submitted on behalf of the developer that the representation is neither false nor misleading;
(4) Make a prediction of or imply specific or immediate increases in the price or value of the time-share intervals; nor shall a price increase of a time-share interval be announced more than sixty (60) days prior to the date that the increase will be placed into effect;
(5) Contain statements concerning the availability of time-share intervals at a particular minimum price if the number of time-share intervals available at that price comprises less than ten percent (10%) of the unsold inventory of the developer, unless the number of time-share intervals then for sale at the minimum price is set forth in the advertisement;
(6) Contain any statement that the time-share interval being offered for sale can be further divided unless a full disclosure is included as to the legal requirements for further division of the time-share interval;
(7) Contain any asterisk or other reference symbol as a means of contradicting or changing the ordinary meaning of any previously made statement in the advertisement;
(8) Misrepresent the size, nature, extent, qualities, or characteristics of the accommodations or facilities which comprise the time-share project;
(9) Misrepresent the nature or extent of any services incident to the time-share project;
(10) Misrepresent or imply that a facility or service is available for the exclusive use of purchasers or owners if a public right of access or of use of the facility or service exists;
(11) Make any misleading or deceptive representation with respect to the contents of the time-share program, the purchase contract, the purchaser's rights, privileges, benefits or obligations under the purchase contract or this part;
(12) Misrepresent the conditions under which a purchaser or owner may participate in an exchange program; or
(13) Describe any proposed or uncompleted private facilities over which the developer has no control unless the estimated date of completion is set forth and evidence has been presented to the commission that the completion and operation of the facilities are reasonably assured within the time represented in the advertisement.
Acts 1983, ch. 210, § 8.
Tenn. Code Ann. § 66-32-112 — TN Code / Title 66 / Chapter 32 / Section 66-32-112
Public offering statement - General provisions
Status: in_force

A public offering statement must be provided to each purchaser of a time-share interval and must contain or fully and accurately disclose: (1) The name of the developer and the principal address of the developer and the time-share intervals offered in the statement; (2) A general description of the units including, without limitation, the developer's schedule of commencement and completion of all buildings, units, and amenities or if completed that they have been completed; (3) As to all units offered by the developer in the same time-share project: (A) The types and number of units; (B) Identification of units that are subject to time-share intervals; and (C) The estimated number of units that may become subject to time-share intervals; (4) A brief description of the project; (5) If applicable, any current budget and a projected budget for the time-share intervals for one (1) year after the date of the first transfer to a purchaser. The budget must include, without limitation: (A) A statement of the amount, or a statement that there is no amount, included in the budget as a reserve for repairs and replacement; (B) The projected common expense liability, if any, by category of expenditures for the time-share intervals; (C) The projected common expense liability for all time-share intervals; and (D) A statement of any services not reflected in the budget that the developer provides, or expenses that it pays; (6) Any initial or special fee due from the purchaser at closing, together with a description of the purpose and method of calculating the fee; (7) A description of any liens, defects, or encumbrances on or affecting the title to the time-share interval; (8) A description of any financing offered by the developer; (9) A statement that within ten (10) days from the date of the signing of the contract made by the purchaser, where the purchaser shall have made an on-site inspection of the time-share project prior to the signing of the contract of purchase, and where the purchaser has not made an on-site inspection of the time-share project prior to the signing of the contract of purchase fifteen (15) days from the date of signing of the contract, the purchaser may cancel any contract for the purchase of a time-share interval from developer; (10) A statement of any pending suits material to the time-share intervals of which a developer has actual knowledge; (11) Any restraints on alienation of any number or portion of any time-share intervals; (12) A description of the insurance coverage, or a statement that there is no insurance coverage, provided for the benefit of time-share interval owners; (13) Any current or expected fees or charges to be paid by time-share interval owners for the use of any facilities related to the property; (14) The extent to which financial arrangements have been provided for completion of all promised improvements; and (15) The extent to which a time-share unit may become subject to a tax or other lien arising out of claims against other owners of the same unit. Acts 1981, ch. 372, § 13; T.C.A., § 64-3213; Acts 1983, ch. 210, § 3.
A public offering statement must be provided to each purchaser of a time-share interval and must contain or fully and accurately disclose:
(1) The name of the developer and the principal address of the developer and the time-share intervals offered in the statement;
(2) A general description of the units including, without limitation, the developer's schedule of commencement and completion of all buildings, units, and amenities or if completed that they have been completed;
(3) As to all units offered by the developer in the same time-share project: (A) The types and number of units; (B) Identification of units that are subject to time-share intervals; and (C) The estimated number of units that may become subject to time-share intervals;
(A) The types and number of units;
(B) Identification of units that are subject to time-share intervals; and
(C) The estimated number of units that may become subject to time-share intervals;
(4) A brief description of the project;
(5) If applicable, any current budget and a projected budget for the time-share intervals for one (1) year after the date of the first transfer to a purchaser. The budget must include, without limitation: (A) A statement of the amount, or a statement that there is no amount, included in the budget as a reserve for repairs and replacement; (B) The projected common expense liability, if any, by category of expenditures for the time-share intervals; (C) The projected common expense liability for all time-share intervals; and (D) A statement of any services not reflected in the budget that the developer provides, or expenses that it pays;
(A) A statement of the amount, or a statement that there is no amount, included in the budget as a reserve for repairs and replacement;
(B) The projected common expense liability, if any, by category of expenditures for the time-share intervals;
(C) The projected common expense liability for all time-share intervals; and
(D) A statement of any services not reflected in the budget that the developer provides, or expenses that it pays;
(6) Any initial or special fee due from the purchaser at closing, together with a description of the purpose and method of calculating the fee;
(7) A description of any liens, defects, or encumbrances on or affecting the title to the time-share interval;
(8) A description of any financing offered by the developer;
(9) A statement that within ten (10) days from the date of the signing of the contract made by the purchaser, where the purchaser shall have made an on-site inspection of the time-share project prior to the signing of the contract of purchase, and where the purchaser has not made an on-site inspection of the time-share project prior to the signing of the contract of purchase fifteen (15) days from the date of signing of the contract, the purchaser may cancel any contract for the purchase of a time-share interval from developer;
(10) A statement of any pending suits material to the time-share intervals of which a developer has actual knowledge;
(11) Any restraints on alienation of any number or portion of any time-share intervals;
(12) A description of the insurance coverage, or a statement that there is no insurance coverage, provided for the benefit of time-share interval owners;
(13) Any current or expected fees or charges to be paid by time-share interval owners for the use of any facilities related to the property;
(14) The extent to which financial arrangements have been provided for completion of all promised improvements; and
(15) The extent to which a time-share unit may become subject to a tax or other lien arising out of claims against other owners of the same unit.
Acts 1981, ch. 372, § 13; T.C.A., § 64-3213; Acts 1983, ch. 210, § 3.
Tenn. Code Ann. § 66-29-136 — TN Code / Title 66 / Chapter 29 / Section 66-29-136
Recovery of property by holder from treasurer
Status: in_force

(a) A holder that pays money to the treasurer under this part may claim reimbursement from the treasurer of the amount paid if the holder: (1) Paid the money in error; or (2) After paying the money to the treasurer, paid the money to a person the holder reasonably believed to be entitled to the money. (b) If a claim for reimbursement under subsection (a) is made for a payment made on a negotiable instrument, including a traveler's check, money order, or similar instrument, the holder shall submit proof that the instrument was presented and that payment was made to a person the holder reasonably believed to be entitled to payment. The holder may claim reimbursement even if the payment was made to a person whose claim was made after expiration of a period of limitation on the owner's right to receive or recover property, whether specified by contract, statute, or court order. (c) If a holder is reimbursed by the treasurer under subdivision (a)(2), the holder may also submit a claim to recover from the treasurer dividends, interest, or other increments under § 66-29-137 that would have been paid to the owner, if the money had been claimed from the treasurer by the owner to the extent that such dividends, interest, or increments were paid by the holder to the owner. (d) A holder that delivers property other than money to the treasurer under this part may claim the property in the possession of the treasurer by filing a claim under § 66-29-152 together with evidence sufficient to establish that the apparent owner has claimed the property from the holder or that the property was delivered by the holder to the treasurer in error. (e) The treasurer may determine that an affidavit submitted by a holder is evidence sufficient to establish that the holder is entitled to reimbursement or to recover property under this section. (f) A holder is not required to pay a fee or other charge for reimbursement or return of property under this section. (g) Not later than ninety (90) days after receiving a claim from a holder under subsection (a) or (c), the treasurer shall determine whether to approve or deny the claim and notify the holder of the treasurer's determination. Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017. Acts 1993, ch. 195, § 10; 2001, ch. 157, § 6.
(a) A holder that pays money to the treasurer under this part may claim reimbursement from the treasurer of the amount paid if the holder: (1) Paid the money in error; or (2) After paying the money to the treasurer, paid the money to a person the holder reasonably believed to be entitled to the money.
(1) Paid the money in error; or
(2) After paying the money to the treasurer, paid the money to a person the holder reasonably believed to be entitled to the money.
(b) If a claim for reimbursement under subsection (a) is made for a payment made on a negotiable instrument, including a traveler's check, money order, or similar instrument, the holder shall submit proof that the instrument was presented and that payment was made to a person the holder reasonably believed to be entitled to payment. The holder may claim reimbursement even if the payment was made to a person whose claim was made after expiration of a period of limitation on the owner's right to receive or recover property, whether specified by contract, statute, or court order.
(c) If a holder is reimbursed by the treasurer under subdivision (a)(2), the holder may also submit a claim to recover from the treasurer dividends, interest, or other increments under § 66-29-137 that would have been paid to the owner, if the money had been claimed from the treasurer by the owner to the extent that such dividends, interest, or increments were paid by the holder to the owner.
(d) A holder that delivers property other than money to the treasurer under this part may claim the property in the possession of the treasurer by filing a claim under § 66-29-152 together with evidence sufficient to establish that the apparent owner has claimed the property from the holder or that the property was delivered by the holder to the treasurer in error.
(e) The treasurer may determine that an affidavit submitted by a holder is evidence sufficient to establish that the holder is entitled to reimbursement or to recover property under this section.
(f) A holder is not required to pay a fee or other charge for reimbursement or return of property under this section.
(g) Not later than ninety (90) days after receiving a claim from a holder under subsection (a) or (c), the treasurer shall determine whether to approve or deny the claim and notify the holder of the treasurer's determination.
Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Acts 1993, ch. 195, § 10; 2001, ch. 157, § 6.
Tenn. Code Ann. § 66-27-320 — TN Code / Title 66 / Chapter 27 / Section 66-27-320
Obligation to complete or restore
Status: in_force

The declarant or unit owner or owners, as applicable, shall promptly repair and restore, to a condition compatible with the remainder of the condominium, any portion of the condominium affected by the exercise of rights reserved or created by §§ 66-27-310 - 66-27-313, 66-27-315 and 66-27-316. Acts 2008, ch. 766, § 1.
The declarant or unit owner or owners, as applicable, shall promptly repair and restore, to a condition compatible with the remainder of the condominium, any portion of the condominium affected by the exercise of rights reserved or created by §§ 66-27-310 - 66-27-313, 66-27-315 and 66-27-316.
Acts 2008, ch. 766, § 1.
Tenn. Code Ann. § 66-2-307 — TN Code / Title 66 / Chapter 2 / Section 66-2-307
Initiation of action by the attorney general - Notice of pendency of action - Court proceedings
Status: in_force

(a) Upon receipt of a report from the commissioner of agriculture under § 66-2-304(d) or the secretary of state under § 66-2-306(d) , the attorney general and reporter may initiate an action in the circuit court of any county in which the agricultural land or non-agricultural land is located. The attorney general and reporter may also initiate an action to enforce this part based upon the receipt of information by means other than a report from the commissioner of agriculture or secretary of state that the attorney general and reporter determines indicates that a violation of this part has occurred. (b) The attorney general and reporter shall file a notice of the pendency of an action initiated under subsection (a) with the register of deeds of each county in which any of the agricultural land or non-agricultural land is located. (c) (1) In an action initiated under subsection (a), if the court finds that the agricultural land or non-agricultural land in question has been acquired or held in violation of this part, then the court shall enter an order so declaring and shall file a copy of the order with the register of deeds of each county in which any portion of the agricultural land or non-agricultural land is located. (2) If the court finds that an interest in the agricultural land or non-agricultural land in question has been acquired or held in violation of this part, then the court shall declare the agricultural land or non-agricultural land escheated to the state and order the sale of the agricultural land or non-agricultural land in the manner provided by law for the foreclosure of a mortgage on real estate for default of payment. The proceeds of the sale must be used to pay court costs, and the remaining funds, if any, must be disbursed to lien holders, in the order of priority, except for liens which under the terms of the sale are to remain on the land. Added by 2024 Tenn. Acts, ch. 995,s 1, eff. 1/1/2025.
(a) Upon receipt of a report from the commissioner of agriculture under § 66-2-304(d) or the secretary of state under § 66-2-306(d) , the attorney general and reporter may initiate an action in the circuit court of any county in which the agricultural land or non-agricultural land is located. The attorney general and reporter may also initiate an action to enforce this part based upon the receipt of information by means other than a report from the commissioner of agriculture or secretary of state that the attorney general and reporter determines indicates that a violation of this part has occurred.
(b) The attorney general and reporter shall file a notice of the pendency of an action initiated under subsection (a) with the register of deeds of each county in which any of the agricultural land or non-agricultural land is located.
(c) (1) In an action initiated under subsection (a), if the court finds that the agricultural land or non-agricultural land in question has been acquired or held in violation of this part, then the court shall enter an order so declaring and shall file a copy of the order with the register of deeds of each county in which any portion of the agricultural land or non-agricultural land is located. (2) If the court finds that an interest in the agricultural land or non-agricultural land in question has been acquired or held in violation of this part, then the court shall declare the agricultural land or non-agricultural land escheated to the state and order the sale of the agricultural land or non-agricultural land in the manner provided by law for the foreclosure of a mortgage on real estate for default of payment. The proceeds of the sale must be used to pay court costs, and the remaining funds, if any, must be disbursed to lien holders, in the order of priority, except for liens which under the terms of the sale are to remain on the land.
(1) In an action initiated under subsection (a), if the court finds that the agricultural land or non-agricultural land in question has been acquired or held in violation of this part, then the court shall enter an order so declaring and shall file a copy of the order with the register of deeds of each county in which any portion of the agricultural land or non-agricultural land is located.
(2) If the court finds that an interest in the agricultural land or non-agricultural land in question has been acquired or held in violation of this part, then the court shall declare the agricultural land or non-agricultural land escheated to the state and order the sale of the agricultural land or non-agricultural land in the manner provided by law for the foreclosure of a mortgage on real estate for default of payment. The proceeds of the sale must be used to pay court costs, and the remaining funds, if any, must be disbursed to lien holders, in the order of priority, except for liens which under the terms of the sale are to remain on the land.
Added by 2024 Tenn. Acts, ch. 995,s 1, eff. 1/1/2025.
Tenn. Code Ann. § 66-34-205 — TN Code / Title 66 / Chapter 34 / Section 66-34-205
Sums intended as payment to be held in trust
Status: in_force

(a) Any sums allocated by the owner or provided or committed to the owner by a third party that are intended to be used as payment for improvements made to real property by virtue of a written contract between the owner and the prime contractor must be held by the owner or third party in trust for the benefit and use of the prime contractor and its remote contractors, and are subject to all legal and equitable remedies. (b) The presence of an otherwise valid agreement to arbitrate does not prevent a prime contractor or remote contractor from seeking equitable relief, including injunctive relief, as permitted by § 66-34-602 against any owner, prime contractor, or remote contractor. (c) The bankruptcy or insolvency of any party is not a valid defense for the failure of an owner or other third party that controls or holds those sums described in subsection (a), as well as all retainage, to release those sums when they are otherwise due. (d) This section does not apply to the state, including its departments, boards, or commissions, or to any institution of higher education. Amended by 2020 Tenn. Acts, ch. 749, s 22, eff. 7/1/2020. Acts 1991, ch. 45, § 1.
(a) Any sums allocated by the owner or provided or committed to the owner by a third party that are intended to be used as payment for improvements made to real property by virtue of a written contract between the owner and the prime contractor must be held by the owner or third party in trust for the benefit and use of the prime contractor and its remote contractors, and are subject to all legal and equitable remedies.
(b) The presence of an otherwise valid agreement to arbitrate does not prevent a prime contractor or remote contractor from seeking equitable relief, including injunctive relief, as permitted by § 66-34-602 against any owner, prime contractor, or remote contractor.
(c) The bankruptcy or insolvency of any party is not a valid defense for the failure of an owner or other third party that controls or holds those sums described in subsection (a), as well as all retainage, to release those sums when they are otherwise due.
(d) This section does not apply to the state, including its departments, boards, or commissions, or to any institution of higher education.
Amended by 2020 Tenn. Acts, ch. 749, s 22, eff. 7/1/2020.
Acts 1991, ch. 45, § 1.
Tenn. Code Ann. § 66-3-310 — TN Code / Title 66 / Chapter 3 / Section 66-3-310
Extinguishment of cause of action
Status: in_force

A cause of action with respect to a fraudulent transfer or obligation under this part is extinguished unless action is brought: (1) Under § 66-3-305(a)(1) , within four (4) years after the transfer was made or the obligation was incurred or, if later, within one (1) year after the transfer or obligation was or could reasonably have been discovered by the claimant; (2) Under § 66-3-305(a)(2) or § 66-3-306(a) , within four (4) years after the transfer was made or the obligation was incurred; or (3) Under § 66-3-306(b) , within four (4) years after the transfer was made or the obligation was incurred. Acts 2003, ch. 42, § 1.
A cause of action with respect to a fraudulent transfer or obligation under this part is extinguished unless action is brought:
(1) Under § 66-3-305(a)(1) , within four (4) years after the transfer was made or the obligation was incurred or, if later, within one (1) year after the transfer or obligation was or could reasonably have been discovered by the claimant;
(2) Under § 66-3-305(a)(2) or § 66-3-306(a) , within four (4) years after the transfer was made or the obligation was incurred; or
(3) Under § 66-3-306(b) , within four (4) years after the transfer was made or the obligation was incurred.
Acts 2003, ch. 42, § 1.
Tenn. Code Ann. § 66-19-210 — TN Code / Title 66 / Chapter 19 / Section 66-19-210
Apportionment of proceeds of sale
Status: in_force

If the proceeds of the boat, tackle, and furniture are not sufficient to pay off all the creditors who have joined in the suit, the proceeds shall be ratably divided among them. Code 1858, § 3562 (deriv. Acts 1833, ch. 35, § 9); Shan., § 5325; Code 1932, § 7971; T.C.A. (orig. ed.), § 64-1913.
If the proceeds of the boat, tackle, and furniture are not sufficient to pay off all the creditors who have joined in the suit, the proceeds shall be ratably divided among them.
Code 1858, § 3562 (deriv. Acts 1833, ch. 35, § 9); Shan., § 5325; Code 1932, § 7971; T.C.A. (orig. ed.), § 64-1913.
Tenn. Code Ann. § 66-7-111 — TN Code / Title 66 / Chapter 7 / Section 66-7-111
Exception to policy prohibiting or limiting, or requiring payment for, animals or pets for tenant or prospective tenant with disability who requires use of service animal or support animal
Status: in_force

(a) As used in this section: (1) "Disability" means: (A) A physical or mental impairment that substantially limits one (1) or more major life activities; (B) A record of an impairment described in subdivision (a)(1)(A); or (C) Being regarded as having an impairment described in subdivision (a)(1)(A); (2) "Health care" means any care, treatment, service, or procedure to maintain, diagnose, or treat an individual's physical or mental condition; (3) "Healthcare provider" means a person who is licensed, certified, or otherwise authorized or permitted by the laws of any state to administer health care in the ordinary course of business or practice of a profession; (4) "Reliable documentation": (A) Means written documentation provided by: (i) A healthcare provider with actual knowledge of an individual's disability; (ii) An individual or entity with a valid, unrestricted license, certification, or registration to serve persons with disabilities with actual knowledge of an individual's disability; or (iii) A caregiver, reliable third party, or a governmental entity with actual knowledge of an individual's disability; and (B) Does not include documentation provided through a website, the primary function of which is to provide a certificate, registration, license, or similar document for a service animal or support animal for a fee; (5) "Service animal" means a dog or miniature horse that has been individually trained to work or perform tasks for an individual with a disability; and (6) "Support animal" means an animal selected to accompany an individual with a disability that has been prescribed or recommended by a healthcare provider to work, provide assistance, or perform tasks for the benefit of the individual with a disability, or provide emotional support that alleviates one (1) or more identified symptoms or effects of the individual's disability. (b) A tenant or prospective tenant with a disability who requires the use of a service animal or support animal may request an exception to a landlord's policy that prohibits or limits animals or pets on the premises or that requires any payment by a tenant to have an animal or pet on the premises. (c) A landlord who receives a request made under subsection (b) from a tenant or prospective tenant may ask that the individual, whose disability is not readily apparent or known to the landlord, submit reliable documentation of a disability and the disability-related need for a service animal or support animal. If the disability is readily apparent or known but the disability-related need for the service animal or support animal is not, then the landlord may ask the individual to submit reliable documentation of the disability-related need for a service animal or support animal. (d) A landlord who receives reliable documentation under subsection (c) may verify the reliable documentation. However, nothing in this subsection (d) authorizes a landlord to obtain confidential or protected medical records or confidential or protected medical information concerning a tenant's or prospective tenant's disability. (e) A landlord may deny a request made under subsection (b) if a tenant or prospective tenant fails to provide accurate, reliable documentation that meets the requirements of subsection (c), after the landlord requests the reliable documentation. (f) (1) It is deemed to be material noncompliance and default by the tenant with the rental agreement, if the tenant: (A) Misrepresents that there is a disability or disability-related need for the use of a service animal or support animal; or (B) Provides documentation under subsection (c) that falsely states an animal is a service animal or support animal. (2) In the event of any violation under subdivision (f)(1), the landlord may terminate the tenancy and recover damages, including, but not limited to, reasonable attorney's fees. (g) Notwithstanding any other law to the contrary, a landlord is not liable for injuries by a person's service animal or support animal permitted on the premises as a reasonable accommodation to assist the person with a disability pursuant to the Fair Housing Act, as amended, ( 42 U.S.C. §§ 3601 et seq.); the Americans with Disabilities Act of 1990 ( 42 U.S.C. §§ 12101 et seq.); Section 504 of the Rehabilitation Act of 1973, as amended, ( 29 U.S.C. § 701 ); or any other federal, state, or local law. (h) Only to the extent it conflicts with federal or state law, this section does not apply to public housing units owned by a governmental entity. Amended by 2024 Tenn. Acts, ch. 754,s 2, eff. 7/1/2024. Added by 2019 Tenn. Acts, ch. 236, s 3, eff. 7/1/2019.
(a) As used in this section: (1) "Disability" means: (A) A physical or mental impairment that substantially limits one (1) or more major life activities; (B) A record of an impairment described in subdivision (a)(1)(A); or (C) Being regarded as having an impairment described in subdivision (a)(1)(A); (2) "Health care" means any care, treatment, service, or procedure to maintain, diagnose, or treat an individual's physical or mental condition; (3) "Healthcare provider" means a person who is licensed, certified, or otherwise authorized or permitted by the laws of any state to administer health care in the ordinary course of business or practice of a profession; (4) "Reliable documentation": (A) Means written documentation provided by: (i) A healthcare provider with actual knowledge of an individual's disability; (ii) An individual or entity with a valid, unrestricted license, certification, or registration to serve persons with disabilities with actual knowledge of an individual's disability; or (iii) A caregiver, reliable third party, or a governmental entity with actual knowledge of an individual's disability; and (B) Does not include documentation provided through a website, the primary function of which is to provide a certificate, registration, license, or similar document for a service animal or support animal for a fee; (5) "Service animal" means a dog or miniature horse that has been individually trained to work or perform tasks for an individual with a disability; and (6) "Support animal" means an animal selected to accompany an individual with a disability that has been prescribed or recommended by a healthcare provider to work, provide assistance, or perform tasks for the benefit of the individual with a disability, or provide emotional support that alleviates one (1) or more identified symptoms or effects of the individual's disability.
(1) "Disability" means: (A) A physical or mental impairment that substantially limits one (1) or more major life activities; (B) A record of an impairment described in subdivision (a)(1)(A); or (C) Being regarded as having an impairment described in subdivision (a)(1)(A);
(A) A physical or mental impairment that substantially limits one (1) or more major life activities;
(B) A record of an impairment described in subdivision (a)(1)(A); or
(C) Being regarded as having an impairment described in subdivision (a)(1)(A);
(2) "Health care" means any care, treatment, service, or procedure to maintain, diagnose, or treat an individual's physical or mental condition;
(3) "Healthcare provider" means a person who is licensed, certified, or otherwise authorized or permitted by the laws of any state to administer health care in the ordinary course of business or practice of a profession;
(4) "Reliable documentation": (A) Means written documentation provided by: (i) A healthcare provider with actual knowledge of an individual's disability; (ii) An individual or entity with a valid, unrestricted license, certification, or registration to serve persons with disabilities with actual knowledge of an individual's disability; or (iii) A caregiver, reliable third party, or a governmental entity with actual knowledge of an individual's disability; and (B) Does not include documentation provided through a website, the primary function of which is to provide a certificate, registration, license, or similar document for a service animal or support animal for a fee;
(A) Means written documentation provided by: (i) A healthcare provider with actual knowledge of an individual's disability; (ii) An individual or entity with a valid, unrestricted license, certification, or registration to serve persons with disabilities with actual knowledge of an individual's disability; or (iii) A caregiver, reliable third party, or a governmental entity with actual knowledge of an individual's disability; and
(i) A healthcare provider with actual knowledge of an individual's disability;
(ii) An individual or entity with a valid, unrestricted license, certification, or registration to serve persons with disabilities with actual knowledge of an individual's disability; or
(iii) A caregiver, reliable third party, or a governmental entity with actual knowledge of an individual's disability; and
(B) Does not include documentation provided through a website, the primary function of which is to provide a certificate, registration, license, or similar document for a service animal or support animal for a fee;
(5) "Service animal" means a dog or miniature horse that has been individually trained to work or perform tasks for an individual with a disability; and
(6) "Support animal" means an animal selected to accompany an individual with a disability that has been prescribed or recommended by a healthcare provider to work, provide assistance, or perform tasks for the benefit of the individual with a disability, or provide emotional support that alleviates one (1) or more identified symptoms or effects of the individual's disability.
(b) A tenant or prospective tenant with a disability who requires the use of a service animal or support animal may request an exception to a landlord's policy that prohibits or limits animals or pets on the premises or that requires any payment by a tenant to have an animal or pet on the premises.
(c) A landlord who receives a request made under subsection (b) from a tenant or prospective tenant may ask that the individual, whose disability is not readily apparent or known to the landlord, submit reliable documentation of a disability and the disability-related need for a service animal or support animal. If the disability is readily apparent or known but the disability-related need for the service animal or support animal is not, then the landlord may ask the individual to submit reliable documentation of the disability-related need for a service animal or support animal.
(d) A landlord who receives reliable documentation under subsection (c) may verify the reliable documentation. However, nothing in this subsection (d) authorizes a landlord to obtain confidential or protected medical records or confidential or protected medical information concerning a tenant's or prospective tenant's disability.
(e) A landlord may deny a request made under subsection (b) if a tenant or prospective tenant fails to provide accurate, reliable documentation that meets the requirements of subsection (c), after the landlord requests the reliable documentation.
(f) (1) It is deemed to be material noncompliance and default by the tenant with the rental agreement, if the tenant: (A) Misrepresents that there is a disability or disability-related need for the use of a service animal or support animal; or (B) Provides documentation under subsection (c) that falsely states an animal is a service animal or support animal. (2) In the event of any violation under subdivision (f)(1), the landlord may terminate the tenancy and recover damages, including, but not limited to, reasonable attorney's fees.
(1) It is deemed to be material noncompliance and default by the tenant with the rental agreement, if the tenant: (A) Misrepresents that there is a disability or disability-related need for the use of a service animal or support animal; or (B) Provides documentation under subsection (c) that falsely states an animal is a service animal or support animal.
(A) Misrepresents that there is a disability or disability-related need for the use of a service animal or support animal; or
(B) Provides documentation under subsection (c) that falsely states an animal is a service animal or support animal.
(2) In the event of any violation under subdivision (f)(1), the landlord may terminate the tenancy and recover damages, including, but not limited to, reasonable attorney's fees.
(g) Notwithstanding any other law to the contrary, a landlord is not liable for injuries by a person's service animal or support animal permitted on the premises as a reasonable accommodation to assist the person with a disability pursuant to the Fair Housing Act, as amended, ( 42 U.S.C. §§ 3601 et seq.); the Americans with Disabilities Act of 1990 ( 42 U.S.C. §§ 12101 et seq.); Section 504 of the Rehabilitation Act of 1973, as amended, ( 29 U.S.C. § 701 ); or any other federal, state, or local law.
(h) Only to the extent it conflicts with federal or state law, this section does not apply to public housing units owned by a governmental entity.
Amended by 2024 Tenn. Acts, ch. 754,s 2, eff. 7/1/2024.
Added by 2019 Tenn. Acts, ch. 236, s 3, eff. 7/1/2019.
Tenn. Code Ann. § 66-19-213 — TN Code / Title 66 / Chapter 19 / Section 66-19-213
Marina's lien on floating cabin
Status: in_force

(a) (1) A marina has a lien on a floating cabin for any assessment levied against the floating cabin pursuant to a written lease or service contract between the marina and the owner of the floating cabin from the time the assessment becomes due, which lien may be enforced by judicial action. (2) Notwithstanding subdivision (a)(1), a written lease or service contract between a marina and the owner of a floating cabin may provide that the marina's lien may be enforced in like manner as a security interest under title 47, chapter 9, if the marina gives notice of its action to the owner and to all lienholders of record. (3) Notice shall be deemed sufficient if sent by United States mail, postage prepaid: (A) If to the owner, at the address of the floating cabin, or, if different, the last address for the owner on file with the marina; or (B) If to a lienholder, other interested party, or the nominee of record, at the address set forth in an instrument of record; or, if different, at such other address as the lienholder or other interested party may have on file with the marina. (4) Notice shall be deemed received three (3) days after deposit in the United States mail, postage prepaid. Fees, service charges, late charges, fines, and interest are enforceable as assessments under this section unless the written lease or service contract between the marina and the owner of the floating cabin provides otherwise. If an assessment is payable in installments, the full amount of the assessment is a lien from the time the first installment of the assessment becomes due. (b) (1) A lien under this section is prior to all other liens and encumbrances on a floating cabin, except: (A) Liens and encumbrances recorded before the date of the written lease or service contract between the marina and the owner of the floating cabin; (B) A first or purchase money lien recorded before the date on which the assessment sought to be enforced became delinquent; and (C) Liens for taxes and other governmental assessments or charges against the floating cabin. (2) Upon a foreclosure action initiated by a lienholder or the marina under title 47, chapter 9, the marina is entitled to a priority in the proceeds from the foreclosure sale to satisfy the lien under subsection (a) up to the extent of the assessments that are past due during the twelve (12) months immediately preceding institution of an action to enforce the lien. However, notwithstanding this subsection (b) or any law to the contrary: (A) Any foreclosure by the marina of its lien for assessments shall be subject to any prior lien encumbering the floating cabin and shall not extinguish such lien; (B) Upon any foreclosure and sale by the holder of a security interest, the sale and foreclosure will be subject to the marina lien up to the payment priority amount set forth in this subdivision (b)(2); and (C) Any right of foreclosure or priority of the marina shall not be transferable and shall be extinguished if assigned or transferred to a third party. (c) If two (2) or more marinas have liens for assessments at any time on the same floating cabin, the priority of the liens shall be determined based on the date that each lien was created, with an earlier created lien having priority over a later created lien. (d) A lien for any delinquent assessment under this section up to the priority in payment provided in subdivision (b)(2) is perfected without recording. Any other delinquent amount above the priority of payment provided in subdivision (b)(2) is perfected by filing a financing statement with the secretary of state, and shall have priority over any subsequently filed liens. (e) A lien for unpaid assessments is extinguished unless proceedings to enforce the lien are instituted within one (1) year after the date the lien for the assessment becomes effective. (f) A judgment or decree in any action brought under this section may include costs and reasonable attorney's fees for the prevailing party. (g) The marina, upon written request, shall furnish to an owner or to a holder of any security interest encumbering the floating cabin, or the owner's or holder's respective authorized agents, a written statement setting forth the amount of unpaid assessments against the floating cabin. The statement must be furnished within seven (7) days after receipt of the written request and is binding on the marina. (h) As used in this section: (1) "Floating cabin" means a watercraft or other floating structure: (A) Primarily designed and used for human habitation or occupation; and (B) Not primarily designed or used for navigation or transportation on water; and (2) "Marina" means a marina, boat dock, dry dock, or dry storage facility. Added by 2017 Tenn. Acts, ch. 314,s 1, eff. 7/1/2017.
(a) (1) A marina has a lien on a floating cabin for any assessment levied against the floating cabin pursuant to a written lease or service contract between the marina and the owner of the floating cabin from the time the assessment becomes due, which lien may be enforced by judicial action. (2) Notwithstanding subdivision (a)(1), a written lease or service contract between a marina and the owner of a floating cabin may provide that the marina's lien may be enforced in like manner as a security interest under title 47, chapter 9, if the marina gives notice of its action to the owner and to all lienholders of record. (3) Notice shall be deemed sufficient if sent by United States mail, postage prepaid: (A) If to the owner, at the address of the floating cabin, or, if different, the last address for the owner on file with the marina; or (B) If to a lienholder, other interested party, or the nominee of record, at the address set forth in an instrument of record; or, if different, at such other address as the lienholder or other interested party may have on file with the marina. (4) Notice shall be deemed received three (3) days after deposit in the United States mail, postage prepaid. Fees, service charges, late charges, fines, and interest are enforceable as assessments under this section unless the written lease or service contract between the marina and the owner of the floating cabin provides otherwise. If an assessment is payable in installments, the full amount of the assessment is a lien from the time the first installment of the assessment becomes due.
(1) A marina has a lien on a floating cabin for any assessment levied against the floating cabin pursuant to a written lease or service contract between the marina and the owner of the floating cabin from the time the assessment becomes due, which lien may be enforced by judicial action.
(2) Notwithstanding subdivision (a)(1), a written lease or service contract between a marina and the owner of a floating cabin may provide that the marina's lien may be enforced in like manner as a security interest under title 47, chapter 9, if the marina gives notice of its action to the owner and to all lienholders of record.
(3) Notice shall be deemed sufficient if sent by United States mail, postage prepaid: (A) If to the owner, at the address of the floating cabin, or, if different, the last address for the owner on file with the marina; or (B) If to a lienholder, other interested party, or the nominee of record, at the address set forth in an instrument of record; or, if different, at such other address as the lienholder or other interested party may have on file with the marina.
(A) If to the owner, at the address of the floating cabin, or, if different, the last address for the owner on file with the marina; or
(B) If to a lienholder, other interested party, or the nominee of record, at the address set forth in an instrument of record; or, if different, at such other address as the lienholder or other interested party may have on file with the marina.
(4) Notice shall be deemed received three (3) days after deposit in the United States mail, postage prepaid. Fees, service charges, late charges, fines, and interest are enforceable as assessments under this section unless the written lease or service contract between the marina and the owner of the floating cabin provides otherwise. If an assessment is payable in installments, the full amount of the assessment is a lien from the time the first installment of the assessment becomes due.
(b) (1) A lien under this section is prior to all other liens and encumbrances on a floating cabin, except: (A) Liens and encumbrances recorded before the date of the written lease or service contract between the marina and the owner of the floating cabin; (B) A first or purchase money lien recorded before the date on which the assessment sought to be enforced became delinquent; and (C) Liens for taxes and other governmental assessments or charges against the floating cabin. (2) Upon a foreclosure action initiated by a lienholder or the marina under title 47, chapter 9, the marina is entitled to a priority in the proceeds from the foreclosure sale to satisfy the lien under subsection (a) up to the extent of the assessments that are past due during the twelve (12) months immediately preceding institution of an action to enforce the lien. However, notwithstanding this subsection (b) or any law to the contrary: (A) Any foreclosure by the marina of its lien for assessments shall be subject to any prior lien encumbering the floating cabin and shall not extinguish such lien; (B) Upon any foreclosure and sale by the holder of a security interest, the sale and foreclosure will be subject to the marina lien up to the payment priority amount set forth in this subdivision (b)(2); and (C) Any right of foreclosure or priority of the marina shall not be transferable and shall be extinguished if assigned or transferred to a third party.
(1) A lien under this section is prior to all other liens and encumbrances on a floating cabin, except: (A) Liens and encumbrances recorded before the date of the written lease or service contract between the marina and the owner of the floating cabin; (B) A first or purchase money lien recorded before the date on which the assessment sought to be enforced became delinquent; and (C) Liens for taxes and other governmental assessments or charges against the floating cabin.
(A) Liens and encumbrances recorded before the date of the written lease or service contract between the marina and the owner of the floating cabin;
(B) A first or purchase money lien recorded before the date on which the assessment sought to be enforced became delinquent; and
(C) Liens for taxes and other governmental assessments or charges against the floating cabin.
(2) Upon a foreclosure action initiated by a lienholder or the marina under title 47, chapter 9, the marina is entitled to a priority in the proceeds from the foreclosure sale to satisfy the lien under subsection (a) up to the extent of the assessments that are past due during the twelve (12) months immediately preceding institution of an action to enforce the lien. However, notwithstanding this subsection (b) or any law to the contrary: (A) Any foreclosure by the marina of its lien for assessments shall be subject to any prior lien encumbering the floating cabin and shall not extinguish such lien; (B) Upon any foreclosure and sale by the holder of a security interest, the sale and foreclosure will be subject to the marina lien up to the payment priority amount set forth in this subdivision (b)(2); and (C) Any right of foreclosure or priority of the marina shall not be transferable and shall be extinguished if assigned or transferred to a third party.
(A) Any foreclosure by the marina of its lien for assessments shall be subject to any prior lien encumbering the floating cabin and shall not extinguish such lien;
(B) Upon any foreclosure and sale by the holder of a security interest, the sale and foreclosure will be subject to the marina lien up to the payment priority amount set forth in this subdivision (b)(2); and
(C) Any right of foreclosure or priority of the marina shall not be transferable and shall be extinguished if assigned or transferred to a third party.
(c) If two (2) or more marinas have liens for assessments at any time on the same floating cabin, the priority of the liens shall be determined based on the date that each lien was created, with an earlier created lien having priority over a later created lien.
(d) A lien for any delinquent assessment under this section up to the priority in payment provided in subdivision (b)(2) is perfected without recording. Any other delinquent amount above the priority of payment provided in subdivision (b)(2) is perfected by filing a financing statement with the secretary of state, and shall have priority over any subsequently filed liens.
(e) A lien for unpaid assessments is extinguished unless proceedings to enforce the lien are instituted within one (1) year after the date the lien for the assessment becomes effective.
(f) A judgment or decree in any action brought under this section may include costs and reasonable attorney's fees for the prevailing party.
(g) The marina, upon written request, shall furnish to an owner or to a holder of any security interest encumbering the floating cabin, or the owner's or holder's respective authorized agents, a written statement setting forth the amount of unpaid assessments against the floating cabin. The statement must be furnished within seven (7) days after receipt of the written request and is binding on the marina.
(h) As used in this section: (1) "Floating cabin" means a watercraft or other floating structure: (A) Primarily designed and used for human habitation or occupation; and (B) Not primarily designed or used for navigation or transportation on water; and (2) "Marina" means a marina, boat dock, dry dock, or dry storage facility.
(1) "Floating cabin" means a watercraft or other floating structure: (A) Primarily designed and used for human habitation or occupation; and (B) Not primarily designed or used for navigation or transportation on water; and
(A) Primarily designed and used for human habitation or occupation; and
(B) Not primarily designed or used for navigation or transportation on water; and
(2) "Marina" means a marina, boat dock, dry dock, or dry storage facility.
Added by 2017 Tenn. Acts, ch. 314,s 1, eff. 7/1/2017.
Tenn. Code Ann. § 66-29-129 — TN Code / Title 66 / Chapter 29 / Section 66-29-129
Contents of notice by holder
Status: in_force

(a) The notice under § 66-29-128 must contain a heading that reads substantially as follows: "Notice: The State of Tennessee requires us to notify you that your property may be transferred to the custody of the treasurer if you do not contact us within thirty (30) days after the date of this notice." (b) The notice under § 66-29-128 must: (1) State that the property will be turned over to the treasurer; (2) State that, after the property is turned over to the treasurer, an apparent owner that seeks return of the property must file a claim with the treasurer; (3) Identify any owners of the property; (4) Identify the nature and, except for property that does not have a fixed value, the value of the property that is the subject of the notice; (5) State that property which is not legal tender of the United States may be sold by the treasurer; and (6) Provide instructions that the apparent owner must follow to prevent the holder from reporting and paying or delivering the property to the treasurer. Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017. Acts 1978, ch. 561, § 28; T.C.A., §§ 64-2928, 66-29-128; Acts 1991, ch. 194, § 3; 2001, ch. 231, §§ 6, 7; 2003, ch. 248, § 3.
(a) The notice under § 66-29-128 must contain a heading that reads substantially as follows: "Notice: The State of Tennessee requires us to notify you that your property may be transferred to the custody of the treasurer if you do not contact us within thirty (30) days after the date of this notice."
(b) The notice under § 66-29-128 must: (1) State that the property will be turned over to the treasurer; (2) State that, after the property is turned over to the treasurer, an apparent owner that seeks return of the property must file a claim with the treasurer; (3) Identify any owners of the property; (4) Identify the nature and, except for property that does not have a fixed value, the value of the property that is the subject of the notice; (5) State that property which is not legal tender of the United States may be sold by the treasurer; and (6) Provide instructions that the apparent owner must follow to prevent the holder from reporting and paying or delivering the property to the treasurer.
(1) State that the property will be turned over to the treasurer;
(2) State that, after the property is turned over to the treasurer, an apparent owner that seeks return of the property must file a claim with the treasurer;
(3) Identify any owners of the property;
(4) Identify the nature and, except for property that does not have a fixed value, the value of the property that is the subject of the notice;
(5) State that property which is not legal tender of the United States may be sold by the treasurer; and
(6) Provide instructions that the apparent owner must follow to prevent the holder from reporting and paying or delivering the property to the treasurer.
Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Acts 1978, ch. 561, § 28; T.C.A., §§ 64-2928, 66-29-128; Acts 1991, ch. 194, § 3; 2001, ch. 231, §§ 6, 7; 2003, ch. 248, § 3.
Tenn. Code Ann. § 66-8-109 — TN Code / Title 66 / Chapter 8 / Section 66-8-109
Advance on redemption price by redeeming creditor
Status: in_force

When any such creditor has redeemed land from the original purchaser, or from one who has previously redeemed, that creditor may, within twenty (20) days after such redemption, advance upon the bid any sum to the extent of that creditor's debt or debts, just as if such creditor had been the original purchaser. Code 1858, § 2129 (deriv. Acts 1851-1852, ch. 181, § 2); Shan., §3816; Code 1932, § 7741; T.C.A. (orig. ed.), § 64-809.
When any such creditor has redeemed land from the original purchaser, or from one who has previously redeemed, that creditor may, within twenty (20) days after such redemption, advance upon the bid any sum to the extent of that creditor's debt or debts, just as if such creditor had been the original purchaser.
Code 1858, § 2129 (deriv. Acts 1851-1852, ch. 181, § 2); Shan., §3816; Code 1932, § 7741; T.C.A. (orig. ed.), § 64-809.
Tenn. Code Ann. § 66-1-109 — TN Code / Title 66 / Chapter 1 / Section 66-1-109
Estate by entireties created by direct conveyance
Status: in_force

Any married person owning property or any interest therein in such person's own name, desiring to convert such person's interest in such property into an estate by the entireties with such person's spouse, may do so by direct conveyance to such spouse by an instrument of conveyance which shall provide that it is the grantor's intention by such instrument to create an estate by the entireties in and to the entire interest in the property previously held by the grantor. Acts 1949, ch. 255, § 1; mod. C. Supp. 1950, § 8461.1 (Williams, § 7605.1); T.C.A. (orig. ed.), § 64-109.
Any married person owning property or any interest therein in such person's own name, desiring to convert such person's interest in such property into an estate by the entireties with such person's spouse, may do so by direct conveyance to such spouse by an instrument of conveyance which shall provide that it is the grantor's intention by such instrument to create an estate by the entireties in and to the entire interest in the property previously held by the grantor.
Acts 1949, ch. 255, § 1; mod. C. Supp. 1950, § 8461.1 (Williams, § 7605.1); T.C.A. (orig. ed.), § 64-109.
Tenn. Code Ann. § 66-11-118 — TN Code / Title 66 / Chapter 11 / Section 66-11-118
Multiple lots or improvements
Status: in_force

(a) (1) Where the amount due is for work or labor performed or materials, services, equipment, or machinery furnished for a single improvement on contiguous or adjacent lots, parcels or tracts of land and the work or labor is performed or the materials, services, equipment, or machinery is furnished under the same contract or contracts, a lienor shall be required to serve or record only one (1) claim of lien covering the entire claim against the real property. (2) If two (2) or more lots, parcels, or tracts of land are improved under the same contract or contracts and the improvements are not to be operated as a single improvement, a lienor who has performed work or labor or furnished materials, services, equipment, or machinery for the improvement shall, in claiming a lien, apportion the lienor's contract price between the several lots, parcels, or tracts of land and improvements on the lots, parcels, or tracts of land, and serve a separate notice of lien for the amount claimed against each lot, parcel, or tract of land and the improvements on the lot, parcel, or tract of land. (b) (1) Unless the improvements are to be operated as a single improvement, whenever more than one (1) building or unit is constructed upon or other improvement is made to a single lot, parcel or tract of land or to contiguous lots, parcels or tracts of land, the visible commencement of operations as defined in this chapter with respect to each separate building, unit or other improvement shall not be deemed to constitute or otherwise relate to the visible commencement of operations with respect to any other building, unit or improvement on any single lot, parcel or tract of land or any contiguous lots, parcels or tracts of land. In connection therewith, a lienor who has performed work or labor or furnished materials, services, equipment, or machinery shall, in claiming a lien, apportion the lienor's contract price between the separate buildings, units or improvements on the buildings or units as applicable and serve or record a separate claim of lien for the amount claimed against each separate building, unit or improvement; in such event, the time prescribed in §§ 66-11-112 and 66-11-115 for serving or recording notice of lien shall commence to run with respect to each building, unit or improvement immediately upon the completion or abandonment of the building, unit or improvement. (2) Whenever a lienor has furnished work, labor, or materials, services, equipment, or machinery for improvements that are to be operated as a single improvement on a single lot, parcel or tract of land or contiguous lots, parcels or tracts of land, the lienor shall be required to serve or record only a single notice of lien covering the lienor's entire claim against the real property. (c) Except as expressly provided in the Horizontal Property Act, compiled in chapter 27 of this title, and notwithstanding any other provision of this chapter, a lien arising under this chapter by reason of an improvement that is part of a common interest community does not attach to the common elements, but attaches to the units as follows: (1) If the improvement was contracted for by the association of unit owners, however denominated, the lien attaches to all the units in the common interest community for which the association acts, unless the association notifies the lienor, when the contract is made, that the lien may attach only to the unit or units on or for the benefit of which the improvement was made; and (2) If the improvement was contracted for by a unit owner, the lien attaches only to that owner's unit. Code 1932, § 7936; Acts 1975, ch. 317, § 1; 1976, ch. 533, § 1; T.C.A. (orig. ed.), § 64-1118; Acts 1990, ch. 641, §§ 3, 4; 2007, ch. 189, § 17.
(a) (1) Where the amount due is for work or labor performed or materials, services, equipment, or machinery furnished for a single improvement on contiguous or adjacent lots, parcels or tracts of land and the work or labor is performed or the materials, services, equipment, or machinery is furnished under the same contract or contracts, a lienor shall be required to serve or record only one (1) claim of lien covering the entire claim against the real property. (2) If two (2) or more lots, parcels, or tracts of land are improved under the same contract or contracts and the improvements are not to be operated as a single improvement, a lienor who has performed work or labor or furnished materials, services, equipment, or machinery for the improvement shall, in claiming a lien, apportion the lienor's contract price between the several lots, parcels, or tracts of land and improvements on the lots, parcels, or tracts of land, and serve a separate notice of lien for the amount claimed against each lot, parcel, or tract of land and the improvements on the lot, parcel, or tract of land.
(1) Where the amount due is for work or labor performed or materials, services, equipment, or machinery furnished for a single improvement on contiguous or adjacent lots, parcels or tracts of land and the work or labor is performed or the materials, services, equipment, or machinery is furnished under the same contract or contracts, a lienor shall be required to serve or record only one (1) claim of lien covering the entire claim against the real property.
(2) If two (2) or more lots, parcels, or tracts of land are improved under the same contract or contracts and the improvements are not to be operated as a single improvement, a lienor who has performed work or labor or furnished materials, services, equipment, or machinery for the improvement shall, in claiming a lien, apportion the lienor's contract price between the several lots, parcels, or tracts of land and improvements on the lots, parcels, or tracts of land, and serve a separate notice of lien for the amount claimed against each lot, parcel, or tract of land and the improvements on the lot, parcel, or tract of land.
(b) (1) Unless the improvements are to be operated as a single improvement, whenever more than one (1) building or unit is constructed upon or other improvement is made to a single lot, parcel or tract of land or to contiguous lots, parcels or tracts of land, the visible commencement of operations as defined in this chapter with respect to each separate building, unit or other improvement shall not be deemed to constitute or otherwise relate to the visible commencement of operations with respect to any other building, unit or improvement on any single lot, parcel or tract of land or any contiguous lots, parcels or tracts of land. In connection therewith, a lienor who has performed work or labor or furnished materials, services, equipment, or machinery shall, in claiming a lien, apportion the lienor's contract price between the separate buildings, units or improvements on the buildings or units as applicable and serve or record a separate claim of lien for the amount claimed against each separate building, unit or improvement; in such event, the time prescribed in §§ 66-11-112 and 66-11-115 for serving or recording notice of lien shall commence to run with respect to each building, unit or improvement immediately upon the completion or abandonment of the building, unit or improvement. (2) Whenever a lienor has furnished work, labor, or materials, services, equipment, or machinery for improvements that are to be operated as a single improvement on a single lot, parcel or tract of land or contiguous lots, parcels or tracts of land, the lienor shall be required to serve or record only a single notice of lien covering the lienor's entire claim against the real property.
(1) Unless the improvements are to be operated as a single improvement, whenever more than one (1) building or unit is constructed upon or other improvement is made to a single lot, parcel or tract of land or to contiguous lots, parcels or tracts of land, the visible commencement of operations as defined in this chapter with respect to each separate building, unit or other improvement shall not be deemed to constitute or otherwise relate to the visible commencement of operations with respect to any other building, unit or improvement on any single lot, parcel or tract of land or any contiguous lots, parcels or tracts of land. In connection therewith, a lienor who has performed work or labor or furnished materials, services, equipment, or machinery shall, in claiming a lien, apportion the lienor's contract price between the separate buildings, units or improvements on the buildings or units as applicable and serve or record a separate claim of lien for the amount claimed against each separate building, unit or improvement; in such event, the time prescribed in §§ 66-11-112 and 66-11-115 for serving or recording notice of lien shall commence to run with respect to each building, unit or improvement immediately upon the completion or abandonment of the building, unit or improvement.
(2) Whenever a lienor has furnished work, labor, or materials, services, equipment, or machinery for improvements that are to be operated as a single improvement on a single lot, parcel or tract of land or contiguous lots, parcels or tracts of land, the lienor shall be required to serve or record only a single notice of lien covering the lienor's entire claim against the real property.
(c) Except as expressly provided in the Horizontal Property Act, compiled in chapter 27 of this title, and notwithstanding any other provision of this chapter, a lien arising under this chapter by reason of an improvement that is part of a common interest community does not attach to the common elements, but attaches to the units as follows: (1) If the improvement was contracted for by the association of unit owners, however denominated, the lien attaches to all the units in the common interest community for which the association acts, unless the association notifies the lienor, when the contract is made, that the lien may attach only to the unit or units on or for the benefit of which the improvement was made; and (2) If the improvement was contracted for by a unit owner, the lien attaches only to that owner's unit.
(1) If the improvement was contracted for by the association of unit owners, however denominated, the lien attaches to all the units in the common interest community for which the association acts, unless the association notifies the lienor, when the contract is made, that the lien may attach only to the unit or units on or for the benefit of which the improvement was made; and
(2) If the improvement was contracted for by a unit owner, the lien attaches only to that owner's unit.
Code 1932, § 7936; Acts 1975, ch. 317, § 1; 1976, ch. 533, § 1; T.C.A. (orig. ed.), § 64-1118; Acts 1990, ch. 641, §§ 3, 4; 2007, ch. 189, § 17.
Tenn. Code Ann. § 66-23-116 — TN Code / Title 66 / Chapter 23 / Section 66-23-116
Examination of witnesses
Status: in_force

When the witness or witnesses appear before the clerk, the clerk shall propound to them such questions as the clerk may find requisite to establish the facts necessary to authenticate the instrument, whether it be the identity of the maker, the maker's handwriting, or the handwriting of a nonresident or deceased witness. Code 1858, § 2057 (deriv. Acts 1831, ch. 90, § 2); Shan., § 3734; Code 1932, §7649; T.C.A. (orig. ed.), § 64-2316.
When the witness or witnesses appear before the clerk, the clerk shall propound to them such questions as the clerk may find requisite to establish the facts necessary to authenticate the instrument, whether it be the identity of the maker, the maker's handwriting, or the handwriting of a nonresident or deceased witness.
Code 1858, § 2057 (deriv. Acts 1831, ch. 90, § 2); Shan., § 3734; Code 1932, §7649; T.C.A. (orig. ed.), § 64-2316.
Tenn. Code Ann. § 66-8-114 — TN Code / Title 66 / Chapter 8 / Section 66-8-114
Enforcement of right to redemption
Status: in_force

(a) If the purchaser, or the purchaser's vendee, fails or refuses to reconvey to such party entitled and offering to redeem, as set forth in this chapter, such party so paying or tendering payment shall have the right to file in the chancery court a bill to enforce the purchaser's rights of redemption. (b) (1) In any suit to enforce a right of redemption brought by a transferee from the debtor: (A) The debtor shall be made a party; (B) The suit shall be dismissed on the motion of any party if it appears that the transferee is engaged in speculation or profiteering in such rights of redemption; (C) Such speculation and profiteering shall be presumed if it appears that the transfer of the right of redemption was made for a consideration less than the fair market value of the real property minus the amount the debtor would have been required to pay to redeem the property under this chapter; and (D) The party seeking to redeem the real property shall complete the tender required by this chapter by paying the amount required for redemption to the clerk of the court. (2) It is the intent of this subsection (b) to further the public policy of the state to protect the interests of owners of real property subject to debt and to prohibit the profiteering and speculation in rights of redemption. (3) The purpose of this subsection (b) is remedial and it shall be construed to apply to any existing rights of redemption. This subsection (b), however, shall not apply to any rights of redemption arising out of judicial foreclosures or tax sales. Code 1932, § 7750; T.C.A. (orig. ed.), § 64-815; Acts 1987, ch. 385, §§ 1-3.
(a) If the purchaser, or the purchaser's vendee, fails or refuses to reconvey to such party entitled and offering to redeem, as set forth in this chapter, such party so paying or tendering payment shall have the right to file in the chancery court a bill to enforce the purchaser's rights of redemption.
(b) (1) In any suit to enforce a right of redemption brought by a transferee from the debtor: (A) The debtor shall be made a party; (B) The suit shall be dismissed on the motion of any party if it appears that the transferee is engaged in speculation or profiteering in such rights of redemption; (C) Such speculation and profiteering shall be presumed if it appears that the transfer of the right of redemption was made for a consideration less than the fair market value of the real property minus the amount the debtor would have been required to pay to redeem the property under this chapter; and (D) The party seeking to redeem the real property shall complete the tender required by this chapter by paying the amount required for redemption to the clerk of the court. (2) It is the intent of this subsection (b) to further the public policy of the state to protect the interests of owners of real property subject to debt and to prohibit the profiteering and speculation in rights of redemption. (3) The purpose of this subsection (b) is remedial and it shall be construed to apply to any existing rights of redemption. This subsection (b), however, shall not apply to any rights of redemption arising out of judicial foreclosures or tax sales.
(1) In any suit to enforce a right of redemption brought by a transferee from the debtor: (A) The debtor shall be made a party; (B) The suit shall be dismissed on the motion of any party if it appears that the transferee is engaged in speculation or profiteering in such rights of redemption; (C) Such speculation and profiteering shall be presumed if it appears that the transfer of the right of redemption was made for a consideration less than the fair market value of the real property minus the amount the debtor would have been required to pay to redeem the property under this chapter; and (D) The party seeking to redeem the real property shall complete the tender required by this chapter by paying the amount required for redemption to the clerk of the court.
(A) The debtor shall be made a party;
(B) The suit shall be dismissed on the motion of any party if it appears that the transferee is engaged in speculation or profiteering in such rights of redemption;
(C) Such speculation and profiteering shall be presumed if it appears that the transfer of the right of redemption was made for a consideration less than the fair market value of the real property minus the amount the debtor would have been required to pay to redeem the property under this chapter; and
(D) The party seeking to redeem the real property shall complete the tender required by this chapter by paying the amount required for redemption to the clerk of the court.
(2) It is the intent of this subsection (b) to further the public policy of the state to protect the interests of owners of real property subject to debt and to prohibit the profiteering and speculation in rights of redemption.
(3) The purpose of this subsection (b) is remedial and it shall be construed to apply to any existing rights of redemption. This subsection (b), however, shall not apply to any rights of redemption arising out of judicial foreclosures or tax sales.
Code 1932, § 7750; T.C.A. (orig. ed.), § 64-815; Acts 1987, ch. 385, §§ 1-3.
Tenn. Code Ann. § 66-4-205 — TN Code / Title 66 / Chapter 4 / Section 66-4-205
Presumption of champerty from sale of land adversely held by another
Status: in_force

If any person sells any lands or tenements, not having possession of them personally or by agent or tenant, the same being adversely held by color of title, champerty shall be presumed until the purchaser shows that such sale was bona fide made. Code 1858, § 1780 (deriv. Acts 1821, ch. 66, § 1); Shan., § 3175; Code 1932, § 7827; T.C.A. (orig. ed.), § 64-410.
If any person sells any lands or tenements, not having possession of them personally or by agent or tenant, the same being adversely held by color of title, champerty shall be presumed until the purchaser shows that such sale was bona fide made.
Code 1858, § 1780 (deriv. Acts 1821, ch. 66, § 1); Shan., § 3175; Code 1932, § 7827; T.C.A. (orig. ed.), § 64-410.
Tenn. Code Ann. § 66-5-107 — TN Code / Title 66 / Chapter 5 / Section 66-5-107
Correction of errors
Status: in_force

(a) Whenever an error or mistake is made in any deed of conveyance, or in the registration thereof, either in courses, distances, or names, the person liable to injury by such error or mistake may prefer a petition to the circuit court of the county in which the land is situated, setting forth the nature of the mistake or error, and all and singular the matters relative thereto. (b) Before the petition shall be heard and determined, the petitioner shall advertise in a newspaper published in the judicial district in which the land is situated; and if no newspaper is published in the district, then in a newspaper in the adjoining district, setting forth the substance of the petition, and the term at which petitioner will make application for a hearing, three (3) weeks in succession, at least thirty (30) days before the petition shall be heard. (c) The court may also direct written notice to be served upon such persons as may be interested in or affected by the relief sought, unless such notice shall appear to the court to have been previously given. (d) When any person chooses to oppose the granting of the petition, that party may personally enter as a defendant, and, each party having given security for cost, the cause shall stand for hearing as other argument cases. (e) The court shall examine such testimony as the petitioner may produce; and whenever it shall appear evident, from such testimony, that there was an error or mistake committed in drawing the deed of conveyance, the court shall order the same to be rectified, so as to comport with the intention of the parties; and shall further order the register of the county, in which the land is situated, to register the conveyance agreeably to the correction. (f) Either party may appeal from the judgment of the court, or prosecute a writ of error thereto. Code 1858, §§ 2014-2019 (deriv. Acts 1813, ch. 83, §§ 1-3); Shan., §§ 3681-3685; Code 1932, §§ 7608-7613; T.C.A. (orig. ed.), §§ 64-505 -- 64-510.
(a) Whenever an error or mistake is made in any deed of conveyance, or in the registration thereof, either in courses, distances, or names, the person liable to injury by such error or mistake may prefer a petition to the circuit court of the county in which the land is situated, setting forth the nature of the mistake or error, and all and singular the matters relative thereto.
(b) Before the petition shall be heard and determined, the petitioner shall advertise in a newspaper published in the judicial district in which the land is situated; and if no newspaper is published in the district, then in a newspaper in the adjoining district, setting forth the substance of the petition, and the term at which petitioner will make application for a hearing, three (3) weeks in succession, at least thirty (30) days before the petition shall be heard.
(c) The court may also direct written notice to be served upon such persons as may be interested in or affected by the relief sought, unless such notice shall appear to the court to have been previously given.
(d) When any person chooses to oppose the granting of the petition, that party may personally enter as a defendant, and, each party having given security for cost, the cause shall stand for hearing as other argument cases.
(e) The court shall examine such testimony as the petitioner may produce; and whenever it shall appear evident, from such testimony, that there was an error or mistake committed in drawing the deed of conveyance, the court shall order the same to be rectified, so as to comport with the intention of the parties; and shall further order the register of the county, in which the land is situated, to register the conveyance agreeably to the correction.
(f) Either party may appeal from the judgment of the court, or prosecute a writ of error thereto.
Code 1858, §§ 2014-2019 (deriv. Acts 1813, ch. 83, §§ 1-3); Shan., §§ 3681-3685; Code 1932, §§ 7608-7613; T.C.A. (orig. ed.), §§ 64-505 -- 64-510.
Tenn. Code Ann. § 66-32-102 — TN Code / Title 66 / Chapter 32 / Section 66-32-102
Part definitions
Status: in_force

As used in this part and part 2 of this chapter, unless the context otherwise requires: (1) "Acquisition agent" means a person who by means of telephone, mail, advertisement, inducement, solicitation or otherwise attempts directly to encourage any person to attend a sales presentation for a time-share program; (2) "Advertise" or "advertisement" means any written, printed, verbal or visual offer by an individual or general solicitation; (3) "Commission" means Tennessee real estate commission, which is an agency created under § 62-13-201 ; (4) "Component site" means a specific geographic site at which certain time-share accommodations and facilities are located. If permitted under applicable law, separate phases that are operated as a single development in a particular geographic location and under common management shall be deemed a single component site; (5) "Developer" means, in the case of any given property, any person or entity which is in the business of creating or which is in the business of selling its own time-share intervals in any time-share program. This definition does not include a person acting solely as a sales agent; (6) "Development," "project," or "property" means all of the real property subject to a project instrument, and containing more than one (1) unit; (7) "Exchange agent" means a person who exchanges or offers to exchange time-share intervals in an exchange program with other time-share intervals; (8) "Managing agent" means a person who undertakes the duties, responsibilities, and obligations of the management of a time-sharing program; (9) "Offering" means any offer to sell, solicitation, inducement or advertisement whether by radio, television, newspaper, magazine or by mail, whereby a person is given an opportunity to acquire a time-share interval within a project located either within or outside the state. Any offering of a time-share interval which is not located in this state shall not be an offering if the developer shall submit appropriate documentation satisfactory to the commission that the time-share program is in compliance with the law of the jurisdiction in which the time-share interval is located and such law is as stringent as this part; (10) "Person" means one (1) or more natural persons, corporations, partnerships, associations, trusts, other entities, or any combination thereof; (11) "Project" - See "Development"; (12) "Project instrument" means one (1) or more recordable documents applicable to the whole project by whatever name denominated, containing restrictions or covenants regulating the use, occupancy or disposition of an entire project, including any amendments to the document, but excluding any law, ordinance, or governmental regulation; (13) "Property" - See "Development"; (14) "Public offering statement" means that statement required by § 66-32-112 ; (15) "Purchaser" means any person other than a developer or lender who acquires an interest in a time-share interval; (16) "Reservation system" means the method, arrangement, or procedure by which the owners of vacation club interests are required to compete with other owners of vacation club interests in the same vacation club in order to reserve the use and occupancy of an accommodation of the vacation club for one or more use periods, regardless of whether such reservation system is operated and maintained by the vacation club managing entity, an exchange company, or any other person. In the event that mandatory use of an exchange program is an owner's principal means of obtaining the right to use and occupy a vacation club's accommodations, such arrangement shall be deemed a reservation system for purposes of this subdivision (16) and part 2 of this chapter; (17) "Sales agent" means a person who sells or offers to sell "time-share intervals" in a "time-share program" to a purchaser. All such sales agents shall be licensed and subject to title 62, chapter 13; (18) "Time-share estate" means an ownership or leasehold estate in property devoted to a time-share fee, tenants in common, time span ownership, interval ownership, and a time-share lease; (19) "Time-share instrument" means any document by whatever name denominated, creating or regulating time-share programs, but excluding any law, ordinance or governmental regulation; (20) "Time-share interval" means a time-share estate or a time-share use; (21) "Time-share program" means any arrangement for time-share intervals in a time-share project whereby use, occupancy or possession of real property has been made subject to either a time-share estate or time-share use whereby such use, occupancy or possession circulates among purchasers of the time-share intervals according to a fixed or floating time schedule on a periodic basis occurring annually over any period of time in excess of one (1) year; (22) "Time-share project" means any real property that is subject to a time-share program; (23) "Time-share resale broker" means any person or entity who undertakes to list, advertise for sale, promote or sell by any means whatsoever more than five (5) time-share intervals per year in one (1) or more time-share projects on behalf of any number of purchasers. A time-share resale broker must be a licensed real estate broker, as defined in § 62-13-102 . "Time-share resale broker" does not include: (A) Any person who has acquired any number of time-share intervals in any number of time-share projects for personal use and occupancy; (B) Any resale performed by a time-share resale broker affiliated with a duly registered time-share developer, involving time-share intervals under the control of the time-share developer in its project; provided, that the time-share developer is in compliance with § 66-32-137(d) ; or (C) A publisher of a newspaper or periodical in general circulation, broadcaster or telecaster in connection with the advertising for resale or other promotion of one (1) or more time-share intervals, so long as the publisher, broadcaster or telecaster is not under common ownership or control with a person required to be licensed by this part or chapter 13 of this title or does not have as its primary purpose the solicitation of resales or other uses of time-share intervals; (24) "Time-share use" means any contractual right of exclusive occupancy which does not fall within the definition of a "time-share estate" including, without limitation, a vacation license, prepaid hotel reservation, club membership, vacation club interest, limited partnership or vacation bond; (25) "Unit" means the real property or real property improvement in a project which is divided into time-share intervals; (26) "Vacation club" means any system or program with respect to which a purchaser obtains, by any means, a recurring right to use and occupy accommodations and facilities, if any, in more than one (1) component site through the mandatory use of a reservation system, whether or not the purchaser's use and occupancy right is coupled with an interest in real property; and (27) "Vacation club documents" means and includes the one (1) or more documents or instruments, by whatever name denominated, creating or governing a vacation club and the disposition of vacation club interests therein. "Vacation club documents" is intended to be broadly construed to incorporate all terms and conditions of the purchase of a vacation club interest, the incorporation of accommodations and facilities located at component sites into the vacation club, the management and operation of the vacation club's component sites, and the management and operation of the reservation system, including, but not limited to, the reservation system's rules and regulations. Acts 1981, ch. 372, § 2; T.C.A., § 64-3202; Acts 1983, ch. 210, § 2; 1985, ch. 98, § 1; 1990, ch. 672, § 2; 1995, ch. 90, §§ 5, 7.
As used in this part and part 2 of this chapter, unless the context otherwise requires:
(1) "Acquisition agent" means a person who by means of telephone, mail, advertisement, inducement, solicitation or otherwise attempts directly to encourage any person to attend a sales presentation for a time-share program;
(2) "Advertise" or "advertisement" means any written, printed, verbal or visual offer by an individual or general solicitation;
(3) "Commission" means Tennessee real estate commission, which is an agency created under § 62-13-201 ;
(4) "Component site" means a specific geographic site at which certain time-share accommodations and facilities are located. If permitted under applicable law, separate phases that are operated as a single development in a particular geographic location and under common management shall be deemed a single component site;
(5) "Developer" means, in the case of any given property, any person or entity which is in the business of creating or which is in the business of selling its own time-share intervals in any time-share program. This definition does not include a person acting solely as a sales agent;
(6) "Development," "project," or "property" means all of the real property subject to a project instrument, and containing more than one (1) unit;
(7) "Exchange agent" means a person who exchanges or offers to exchange time-share intervals in an exchange program with other time-share intervals;
(8) "Managing agent" means a person who undertakes the duties, responsibilities, and obligations of the management of a time-sharing program;
(9) "Offering" means any offer to sell, solicitation, inducement or advertisement whether by radio, television, newspaper, magazine or by mail, whereby a person is given an opportunity to acquire a time-share interval within a project located either within or outside the state. Any offering of a time-share interval which is not located in this state shall not be an offering if the developer shall submit appropriate documentation satisfactory to the commission that the time-share program is in compliance with the law of the jurisdiction in which the time-share interval is located and such law is as stringent as this part;
(10) "Person" means one (1) or more natural persons, corporations, partnerships, associations, trusts, other entities, or any combination thereof;
(11) "Project" - See "Development";
(12) "Project instrument" means one (1) or more recordable documents applicable to the whole project by whatever name denominated, containing restrictions or covenants regulating the use, occupancy or disposition of an entire project, including any amendments to the document, but excluding any law, ordinance, or governmental regulation;
(13) "Property" - See "Development";
(14) "Public offering statement" means that statement required by § 66-32-112 ;
(15) "Purchaser" means any person other than a developer or lender who acquires an interest in a time-share interval;
(16) "Reservation system" means the method, arrangement, or procedure by which the owners of vacation club interests are required to compete with other owners of vacation club interests in the same vacation club in order to reserve the use and occupancy of an accommodation of the vacation club for one or more use periods, regardless of whether such reservation system is operated and maintained by the vacation club managing entity, an exchange company, or any other person. In the event that mandatory use of an exchange program is an owner's principal means of obtaining the right to use and occupy a vacation club's accommodations, such arrangement shall be deemed a reservation system for purposes of this subdivision (16) and part 2 of this chapter;
(17) "Sales agent" means a person who sells or offers to sell "time-share intervals" in a "time-share program" to a purchaser. All such sales agents shall be licensed and subject to title 62, chapter 13;
(18) "Time-share estate" means an ownership or leasehold estate in property devoted to a time-share fee, tenants in common, time span ownership, interval ownership, and a time-share lease;
(19) "Time-share instrument" means any document by whatever name denominated, creating or regulating time-share programs, but excluding any law, ordinance or governmental regulation;
(20) "Time-share interval" means a time-share estate or a time-share use;
(21) "Time-share program" means any arrangement for time-share intervals in a time-share project whereby use, occupancy or possession of real property has been made subject to either a time-share estate or time-share use whereby such use, occupancy or possession circulates among purchasers of the time-share intervals according to a fixed or floating time schedule on a periodic basis occurring annually over any period of time in excess of one (1) year;
(22) "Time-share project" means any real property that is subject to a time-share program;
(23) "Time-share resale broker" means any person or entity who undertakes to list, advertise for sale, promote or sell by any means whatsoever more than five (5) time-share intervals per year in one (1) or more time-share projects on behalf of any number of purchasers. A time-share resale broker must be a licensed real estate broker, as defined in § 62-13-102 . "Time-share resale broker" does not include: (A) Any person who has acquired any number of time-share intervals in any number of time-share projects for personal use and occupancy; (B) Any resale performed by a time-share resale broker affiliated with a duly registered time-share developer, involving time-share intervals under the control of the time-share developer in its project; provided, that the time-share developer is in compliance with § 66-32-137(d) ; or (C) A publisher of a newspaper or periodical in general circulation, broadcaster or telecaster in connection with the advertising for resale or other promotion of one (1) or more time-share intervals, so long as the publisher, broadcaster or telecaster is not under common ownership or control with a person required to be licensed by this part or chapter 13 of this title or does not have as its primary purpose the solicitation of resales or other uses of time-share intervals;
(A) Any person who has acquired any number of time-share intervals in any number of time-share projects for personal use and occupancy;
(B) Any resale performed by a time-share resale broker affiliated with a duly registered time-share developer, involving time-share intervals under the control of the time-share developer in its project; provided, that the time-share developer is in compliance with § 66-32-137(d) ; or
(C) A publisher of a newspaper or periodical in general circulation, broadcaster or telecaster in connection with the advertising for resale or other promotion of one (1) or more time-share intervals, so long as the publisher, broadcaster or telecaster is not under common ownership or control with a person required to be licensed by this part or chapter 13 of this title or does not have as its primary purpose the solicitation of resales or other uses of time-share intervals;
(24) "Time-share use" means any contractual right of exclusive occupancy which does not fall within the definition of a "time-share estate" including, without limitation, a vacation license, prepaid hotel reservation, club membership, vacation club interest, limited partnership or vacation bond;
(25) "Unit" means the real property or real property improvement in a project which is divided into time-share intervals;
(26) "Vacation club" means any system or program with respect to which a purchaser obtains, by any means, a recurring right to use and occupy accommodations and facilities, if any, in more than one (1) component site through the mandatory use of a reservation system, whether or not the purchaser's use and occupancy right is coupled with an interest in real property; and
(27) "Vacation club documents" means and includes the one (1) or more documents or instruments, by whatever name denominated, creating or governing a vacation club and the disposition of vacation club interests therein. "Vacation club documents" is intended to be broadly construed to incorporate all terms and conditions of the purchase of a vacation club interest, the incorporation of accommodations and facilities located at component sites into the vacation club, the management and operation of the vacation club's component sites, and the management and operation of the reservation system, including, but not limited to, the reservation system's rules and regulations.
Acts 1981, ch. 372, § 2; T.C.A., § 64-3202; Acts 1983, ch. 210, § 2; 1985, ch. 98, § 1; 1990, ch. 672, § 2; 1995, ch. 90, §§ 5, 7.
Tenn. Code Ann. § 66-32-122 — TN Code / Title 66 / Chapter 32 / Section 66-32-122
Registration - Bond - Statement of exchange agent
Status: in_force

(a) Unless exempted by § 66-32-126 , a developer may not offer or dispose of a time-share interval unless the time-share program is registered with the commission; provided, that a developer may accept a reservation together with a deposit if the deposit is placed in an escrow account with an institution having trust powers and is refundable at any time at the purchaser's option. In all cases, a reservation must require a subsequent affirmative act by the purchaser via a separate instrument to create a binding obligation. A developer may not dispose of or transfer a time-share interval while an order revoking or suspending the registration of the time-share program is in effect. (b) The acquisition agent shall be required to furnish to the commission its principal office address and telephone number and designate its responsible managing employee and shall furnish such additional information as the commission may require. (c) The sales agent shall, in addition to other requirements of law, be required to furnish to the commission its principal office address and telephone number and designate its responsible managing employee and shall furnish such additional information as the commission may require. (d) The managing agent shall be required to furnish to the commission its principal office address and telephone number and designate its responsible managing employee and shall furnish such additional information as the commission may require. Such additional information shall include criminal convictions. (e) An exchange agent, including the developer if it is also the exchange agent, if offering exchange privileges with other time-share interval owners of time-share interval owners who own time-share estates within this state, shall annually file a statement with the commission which must fully and accurately disclose: (1) The identity of the person operating the exchange program and whether that person is an affiliate of the developer; (2) A general description of the procedures to qualify for and effectuate exchanges, including any stated or practiced priorities and restrictions, and the extent to which changes thereof may be made; (3) The expenses, or ranges of expenses, to the time-share interval owners of membership in the exchange program including the expenses, if any, and the person to whom those expenses are payable; (4) Whether and how any of the expenses specified in subdivision (e)(3) may be altered and, if any of them are to be fixed on a case-by-case basis, the manner in which they are to be fixed in each case; (5) With respect to the owners of time-share intervals in the exchange program at each project during a calendar year ending not more than fifteen (15) months before the statement is filed; (6) The percentage of exchanges properly applied for by members or participants in the exchange program that were fulfilled during a calendar year ending not more than fifteen (15) months before the date the statement is filed with the commission, together with a statement of the criteria used to determine whether an exchange was properly applied for and fulfilled; and (7) The number of persons applying for an exchange program as a whole during the calendar year ending not more than fifteen (15) months before the statement is filed with the commission. (f) The developer must provide a copy of the most recent exchange agent's statement filed with the commission to the purchaser in addition to the public offering statement if it is represented to the purchaser that the purchaser is entitled to or required to become a member of the exchange program. The developer is not responsible to the purchaser for any representation made in the exchange agent's statement which is untrue or incorrect. Acts 1981, ch. 372, § 23; T.C.A., § 64-3223; Acts 1983, ch. 210, § 6; 1989, ch. 65, § 4.
(a) Unless exempted by § 66-32-126 , a developer may not offer or dispose of a time-share interval unless the time-share program is registered with the commission; provided, that a developer may accept a reservation together with a deposit if the deposit is placed in an escrow account with an institution having trust powers and is refundable at any time at the purchaser's option. In all cases, a reservation must require a subsequent affirmative act by the purchaser via a separate instrument to create a binding obligation. A developer may not dispose of or transfer a time-share interval while an order revoking or suspending the registration of the time-share program is in effect.
(b) The acquisition agent shall be required to furnish to the commission its principal office address and telephone number and designate its responsible managing employee and shall furnish such additional information as the commission may require.
(c) The sales agent shall, in addition to other requirements of law, be required to furnish to the commission its principal office address and telephone number and designate its responsible managing employee and shall furnish such additional information as the commission may require.
(d) The managing agent shall be required to furnish to the commission its principal office address and telephone number and designate its responsible managing employee and shall furnish such additional information as the commission may require. Such additional information shall include criminal convictions.
(e) An exchange agent, including the developer if it is also the exchange agent, if offering exchange privileges with other time-share interval owners of time-share interval owners who own time-share estates within this state, shall annually file a statement with the commission which must fully and accurately disclose: (1) The identity of the person operating the exchange program and whether that person is an affiliate of the developer; (2) A general description of the procedures to qualify for and effectuate exchanges, including any stated or practiced priorities and restrictions, and the extent to which changes thereof may be made; (3) The expenses, or ranges of expenses, to the time-share interval owners of membership in the exchange program including the expenses, if any, and the person to whom those expenses are payable; (4) Whether and how any of the expenses specified in subdivision (e)(3) may be altered and, if any of them are to be fixed on a case-by-case basis, the manner in which they are to be fixed in each case; (5) With respect to the owners of time-share intervals in the exchange program at each project during a calendar year ending not more than fifteen (15) months before the statement is filed; (6) The percentage of exchanges properly applied for by members or participants in the exchange program that were fulfilled during a calendar year ending not more than fifteen (15) months before the date the statement is filed with the commission, together with a statement of the criteria used to determine whether an exchange was properly applied for and fulfilled; and (7) The number of persons applying for an exchange program as a whole during the calendar year ending not more than fifteen (15) months before the statement is filed with the commission.
(1) The identity of the person operating the exchange program and whether that person is an affiliate of the developer;
(2) A general description of the procedures to qualify for and effectuate exchanges, including any stated or practiced priorities and restrictions, and the extent to which changes thereof may be made;
(3) The expenses, or ranges of expenses, to the time-share interval owners of membership in the exchange program including the expenses, if any, and the person to whom those expenses are payable;
(4) Whether and how any of the expenses specified in subdivision (e)(3) may be altered and, if any of them are to be fixed on a case-by-case basis, the manner in which they are to be fixed in each case;
(5) With respect to the owners of time-share intervals in the exchange program at each project during a calendar year ending not more than fifteen (15) months before the statement is filed;
(6) The percentage of exchanges properly applied for by members or participants in the exchange program that were fulfilled during a calendar year ending not more than fifteen (15) months before the date the statement is filed with the commission, together with a statement of the criteria used to determine whether an exchange was properly applied for and fulfilled; and
(7) The number of persons applying for an exchange program as a whole during the calendar year ending not more than fifteen (15) months before the statement is filed with the commission.
(f) The developer must provide a copy of the most recent exchange agent's statement filed with the commission to the purchaser in addition to the public offering statement if it is represented to the purchaser that the purchaser is entitled to or required to become a member of the exchange program. The developer is not responsible to the purchaser for any representation made in the exchange agent's statement which is untrue or incorrect.
Acts 1981, ch. 372, § 23; T.C.A., § 64-3223; Acts 1983, ch. 210, § 6; 1989, ch. 65, § 4.
Tenn. Code Ann. § 66-26-112 — TN Code / Title 66 / Chapter 26 / Section 66-26-112
Erroneous recital as to county where land located
Status: in_force

When a grant from the state for lands recites that the lands so granted are situated in one (1) county when they are in a different county, the grant shall be as valid as if the locality thereof were truly recited in the grant; and any subsequent conveyances of the lands in which they are stated to be situate in a different county from that in which they lie, may be registered in the county in which the lands lie, and such registration shall be valid as if the deeds of conveyance had correctly set forth the locality of the lands; provided, that nothing in this section and §§ 66-26-108 and 66-26-109 shall affect the rights of creditors or purchasers without notice. Acts 1859-1860, ch. 91, § 3; Shan., § 3766; Code 1932, §7677; T.C.A. (orig. ed.), § 64-2612.
When a grant from the state for lands recites that the lands so granted are situated in one (1) county when they are in a different county, the grant shall be as valid as if the locality thereof were truly recited in the grant; and any subsequent conveyances of the lands in which they are stated to be situate in a different county from that in which they lie, may be registered in the county in which the lands lie, and such registration shall be valid as if the deeds of conveyance had correctly set forth the locality of the lands; provided, that nothing in this section and §§ 66-26-108 and 66-26-109 shall affect the rights of creditors or purchasers without notice.
Acts 1859-1860, ch. 91, § 3; Shan., § 3766; Code 1932, §7677; T.C.A. (orig. ed.), § 64-2612.
Tenn. Code Ann. § 66-22-105 — TN Code / Title 66 / Chapter 22 / Section 66-22-105
Authentication of instruments by or to county clerk
Status: in_force

The probate or acknowledgment of any deed or other instrument, made by or to a clerk of any county, may be taken and made before the judge having probate jurisdiction in the clerk's county, the clerk and master or the notary public, and the authentication entered on record in the office of the county clerk as other instruments; provided, that the clerk collect and account for the state tax on all such instruments as though the acknowledgment had been taken before the clerk. Code 1858, § 2069; Acts 1868-1869, ch. 32, § 1; Shan., § 3746; mod. Code 1932, § 7661; impl. am. Acts 1978, ch. 934, §§ 16, 22, 36; T.C.A. (orig. ed.), § 64-2205.
The probate or acknowledgment of any deed or other instrument, made by or to a clerk of any county, may be taken and made before the judge having probate jurisdiction in the clerk's county, the clerk and master or the notary public, and the authentication entered on record in the office of the county clerk as other instruments; provided, that the clerk collect and account for the state tax on all such instruments as though the acknowledgment had been taken before the clerk.
Code 1858, § 2069; Acts 1868-1869, ch. 32, § 1; Shan., § 3746; mod. Code 1932, § 7661; impl. am. Acts 1978, ch. 934, §§ 16, 22, 36; T.C.A. (orig. ed.), § 64-2205.
Tenn. Code Ann. § 66-12-105 — TN Code / Title 66 / Chapter 12 / Section 66-12-105
Expiration of liens
Status: in_force

The liens shall expire and be barred after July 1, following the crop year, unless a proceeding for its enforcement be commenced before that date. Acts 1923, ch. 71, § 5; Shan. Supp., § 5299a5; Code 1932, §8021; T.C.A. (orig. ed.), § 64-1205.
The liens shall expire and be barred after July 1, following the crop year, unless a proceeding for its enforcement be commenced before that date.
Acts 1923, ch. 71, § 5; Shan. Supp., § 5299a5; Code 1932, §8021; T.C.A. (orig. ed.), § 64-1205.
Tenn. Code Ann. § 66-1-206 — TN Code / Title 66 / Chapter 1 / Section 66-1-206
Application - Retroactivity
Status: in_force

(a) Except as provided in subsection (b), this part applies to nonvested property interests and unexercised powers of appointment regardless of whether they were created before, on, or after July 1, 1994. A property interest shall not be deemed vested merely because it would vest if the common law rule against perpetuities were violated. (b) This part does not apply to any property interest or power of appointment the validity of which has been determined by a final judgment in a judicial proceeding or by a settlement among interested persons prior to July 1, 1994. Acts 1994, ch. 654, § 6.
(a) Except as provided in subsection (b), this part applies to nonvested property interests and unexercised powers of appointment regardless of whether they were created before, on, or after July 1, 1994. A property interest shall not be deemed vested merely because it would vest if the common law rule against perpetuities were violated.
(b) This part does not apply to any property interest or power of appointment the validity of which has been determined by a final judgment in a judicial proceeding or by a settlement among interested persons prior to July 1, 1994.
Acts 1994, ch. 654, § 6.
Tenn. Code Ann. § 66-32-116 — TN Code / Title 66 / Chapter 32 / Section 66-32-116
Material change
Status: in_force

The developer shall amend or supplement the public offering statement to report any material change in the information required by § 66-32-112 . As to any exchange program, the developer shall use the current written materials that are supplied to it for distribution to the time-share interval owners as it is received. Acts 1981, ch. 372, § 17; T.C.A., § 64-3217.
The developer shall amend or supplement the public offering statement to report any material change in the information required by § 66-32-112 . As to any exchange program, the developer shall use the current written materials that are supplied to it for distribution to the time-share interval owners as it is received.
Acts 1981, ch. 372, § 17; T.C.A., § 64-3217.
Tenn. Code Ann. § 66-2-203 — TN Code / Title 66 / Chapter 2 / Section 66-2-203
Conveyance by church officers
Status: in_force

In all cases where any elders, trustees, or other church officers, in any of the churches or organizations of any religious denomination, shall have any lands conveyed to them for the use of their respective churches or congregations as building sites, or for any other purpose, by deed, grant, devise, or in any other manner, they or their successors in office, according to the regulations of such church or congregation, may sell and convey the same by deed, which deed, when officially signed by such elders, trustees, or other church officers, or their successors in office, shall pass the title, whether for life, for years, or in fee, to such land to the purchaser in as full and ample a manner as if the officers held the same as a corporation, and had conveyed it by deed under the corporate name. Acts 1883, ch. 37, § 1; Shan., § 2564; Code 1932, § 4409; T.C.A. (orig. ed.), § 64-205.
In all cases where any elders, trustees, or other church officers, in any of the churches or organizations of any religious denomination, shall have any lands conveyed to them for the use of their respective churches or congregations as building sites, or for any other purpose, by deed, grant, devise, or in any other manner, they or their successors in office, according to the regulations of such church or congregation, may sell and convey the same by deed, which deed, when officially signed by such elders, trustees, or other church officers, or their successors in office, shall pass the title, whether for life, for years, or in fee, to such land to the purchaser in as full and ample a manner as if the officers held the same as a corporation, and had conveyed it by deed under the corporate name.
Acts 1883, ch. 37, § 1; Shan., § 2564; Code 1932, § 4409; T.C.A. (orig. ed.), § 64-205.
Tenn. Code Ann. § 66-11-108 — TN Code / Title 66 / Chapter 11 / Section 66-11-108
Priority over mortgage
Status: in_force

If the contract for an improvement is made with a mortgagor, and the lienor has served the mortgagee with written notice of the same by certified or registered mail before the work is begun or materials furnished by the lienor, and the mortgagee gives written consent thereto by certified or registered mail, the lien provided by this chapter to that lienor shall have priority over the mortgage; and if the mortgagee fails to serve a written objection by certified or registered mail within ten (10) days after receipt of the notice, the mortgagee's consent shall be implied; provided, that the person giving notice shall include a name and return address to which the written objection shall be served. If notice is not served in accordance with this section, then the lien shall not have priority over a mortgage otherwise entitled to priority over the lien under applicable law. Code 1858, § 1982 (deriv. Acts 1857-1858, ch. 24, §§ 1, 2); Shan., § 3536; Code 1932, § 7924; Acts 1975, ch. 200, § 1; T.C.A. (orig. ed.), § 64-1108; Acts 2007, ch. 189, § 8.
If the contract for an improvement is made with a mortgagor, and the lienor has served the mortgagee with written notice of the same by certified or registered mail before the work is begun or materials furnished by the lienor, and the mortgagee gives written consent thereto by certified or registered mail, the lien provided by this chapter to that lienor shall have priority over the mortgage; and if the mortgagee fails to serve a written objection by certified or registered mail within ten (10) days after receipt of the notice, the mortgagee's consent shall be implied; provided, that the person giving notice shall include a name and return address to which the written objection shall be served. If notice is not served in accordance with this section, then the lien shall not have priority over a mortgage otherwise entitled to priority over the lien under applicable law.
Code 1858, § 1982 (deriv. Acts 1857-1858, ch. 24, §§ 1, 2); Shan., § 3536; Code 1932, § 7924; Acts 1975, ch. 200, § 1; T.C.A. (orig. ed.), § 64-1108; Acts 2007, ch. 189, § 8.