Tenn. Code Ann. § 66-27-103 — TN Code / Title 66 / Chapter 27 / Section 66-27-103
Horizontal property regime - Planned unit development - Establishment
Status: in_force

(a) Whenever a developer, the sole owner, or the co-owners of a building expressly declare, through the recordation of a master deed or lease, or by plat, which shall set forth the particulars enumerated by § 66-27-107 , their desire to submit their property to the regime established by this part, there shall be thereby established a horizontal property regime. (b) If there is substantial compliance with this part as pertaining to private elements, and if an appropriate legal opinion is obtained from an attorney licensed to practice law in this state to the effect that all legal documents required in this part for the creation of a planned unit development are attached and therefore a planned unit development is created under this part, then a planned unit development shall be deemed to have been properly organized and constituted under state law. All planned unit developments shall require a declaration, bylaws, a plat showing private and common elements, a townhouse corporation, charter and an attorney's opinion. Acts 1963, ch. 124, § 3; T.C.A., § 64-2703; Acts 1990, ch. 823, § 6.
(a) Whenever a developer, the sole owner, or the co-owners of a building expressly declare, through the recordation of a master deed or lease, or by plat, which shall set forth the particulars enumerated by § 66-27-107 , their desire to submit their property to the regime established by this part, there shall be thereby established a horizontal property regime.
(b) If there is substantial compliance with this part as pertaining to private elements, and if an appropriate legal opinion is obtained from an attorney licensed to practice law in this state to the effect that all legal documents required in this part for the creation of a planned unit development are attached and therefore a planned unit development is created under this part, then a planned unit development shall be deemed to have been properly organized and constituted under state law. All planned unit developments shall require a declaration, bylaws, a plat showing private and common elements, a townhouse corporation, charter and an attorney's opinion.
Acts 1963, ch. 124, § 3; T.C.A., § 64-2703; Acts 1990, ch. 823, § 6.
Tenn. Code Ann. § 66-2-306 — TN Code / Title 66 / Chapter 2 / Section 66-2-306
Registration of interest in non-agricultural land - Registration requirements - Report of violations - Civil penalties
Status: in_force

(a) A prohibited foreign-party-controlled business that holds an interest in non-agricultural land in this state on or after January 1, 2025, shall register the interest in such land with the secretary of state. (b) Registration pursuant to subsection (a) must be made: (1) In such form and manner as prescribed by the secretary of state; and (2) Within the later of sixty (60) days after: (A) January 1, 2025; or (B) The date the prohibited foreign-party-controlled business acquires the interest in non-agricultural land. (c) The secretary of state shall require that registration pursuant to this section includes: (1) The legal name, street address, mailing address, if different, and the birthplace and nationality of the prohibited foreign party that owns a controlling interest in the prohibited foreign-party-controlled business that owns the interest in non-agricultural land; (2) The legal name, street address, mailing address, if different, and the birthplace and nationality of the agent, trustee, or fiduciary of the prohibited foreign-party-controlled business described in subdivision (c)(1), if specifically authorized to: (A) Purchase the non-agricultural land; or (B) Supervise the daily operations on the non-agricultural land; (3) A statement of the purpose for conducting business in this state; (4) A description of the purpose of the interest in non-agricultural land in this state as it relates to the stated business purpose of subdivision (c)(3); (5) The legal name, street address, and mailing address of any parent of the registering party, including the legal name, street address, and mailing address of any subsidiary or intermediary of the parent; (6) The legal name, street address, and mailing address of any subsidiary of the registering party; and (7) A listing of all other interests in non-agricultural land that are held directly or indirectly by the registering party, parent of the registering party, or subsidiary or intermediary of the parent in the United States that exceeds, in the aggregate, two hundred fifty (250) acres. (d) If the secretary of state finds that a prohibited foreign-party-controlled business has acquired or holds title to or an interest in non-agricultural land in this state in violation of this part, then the secretary of state shall report the violation to the attorney general and reporter. (e) If the secretary of state finds that a prohibited foreign-party-controlled business violated this part by failing to timely register as required under this section, then the secretary of state shall assess a civil penalty not to exceed two thousand dollars ($2,000) for each violation. Amended by 2024 Tenn. Acts, ch. 995,s 1, eff. 1/1/2025. Added by 2023 Tenn. Acts, ch. 369, s 3, eff. 7/1/2023.
(a) A prohibited foreign-party-controlled business that holds an interest in non-agricultural land in this state on or after January 1, 2025, shall register the interest in such land with the secretary of state.
(b) Registration pursuant to subsection (a) must be made: (1) In such form and manner as prescribed by the secretary of state; and (2) Within the later of sixty (60) days after: (A) January 1, 2025; or (B) The date the prohibited foreign-party-controlled business acquires the interest in non-agricultural land.
(1) In such form and manner as prescribed by the secretary of state; and
(2) Within the later of sixty (60) days after: (A) January 1, 2025; or (B) The date the prohibited foreign-party-controlled business acquires the interest in non-agricultural land.
(A) January 1, 2025; or
(B) The date the prohibited foreign-party-controlled business acquires the interest in non-agricultural land.
(c) The secretary of state shall require that registration pursuant to this section includes: (1) The legal name, street address, mailing address, if different, and the birthplace and nationality of the prohibited foreign party that owns a controlling interest in the prohibited foreign-party-controlled business that owns the interest in non-agricultural land; (2) The legal name, street address, mailing address, if different, and the birthplace and nationality of the agent, trustee, or fiduciary of the prohibited foreign-party-controlled business described in subdivision (c)(1), if specifically authorized to: (A) Purchase the non-agricultural land; or (B) Supervise the daily operations on the non-agricultural land; (3) A statement of the purpose for conducting business in this state; (4) A description of the purpose of the interest in non-agricultural land in this state as it relates to the stated business purpose of subdivision (c)(3); (5) The legal name, street address, and mailing address of any parent of the registering party, including the legal name, street address, and mailing address of any subsidiary or intermediary of the parent; (6) The legal name, street address, and mailing address of any subsidiary of the registering party; and (7) A listing of all other interests in non-agricultural land that are held directly or indirectly by the registering party, parent of the registering party, or subsidiary or intermediary of the parent in the United States that exceeds, in the aggregate, two hundred fifty (250) acres.
(1) The legal name, street address, mailing address, if different, and the birthplace and nationality of the prohibited foreign party that owns a controlling interest in the prohibited foreign-party-controlled business that owns the interest in non-agricultural land;
(2) The legal name, street address, mailing address, if different, and the birthplace and nationality of the agent, trustee, or fiduciary of the prohibited foreign-party-controlled business described in subdivision (c)(1), if specifically authorized to: (A) Purchase the non-agricultural land; or (B) Supervise the daily operations on the non-agricultural land;
(A) Purchase the non-agricultural land; or
(B) Supervise the daily operations on the non-agricultural land;
(3) A statement of the purpose for conducting business in this state;
(4) A description of the purpose of the interest in non-agricultural land in this state as it relates to the stated business purpose of subdivision (c)(3);
(5) The legal name, street address, and mailing address of any parent of the registering party, including the legal name, street address, and mailing address of any subsidiary or intermediary of the parent;
(6) The legal name, street address, and mailing address of any subsidiary of the registering party; and
(7) A listing of all other interests in non-agricultural land that are held directly or indirectly by the registering party, parent of the registering party, or subsidiary or intermediary of the parent in the United States that exceeds, in the aggregate, two hundred fifty (250) acres.
(d) If the secretary of state finds that a prohibited foreign-party-controlled business has acquired or holds title to or an interest in non-agricultural land in this state in violation of this part, then the secretary of state shall report the violation to the attorney general and reporter.
(e) If the secretary of state finds that a prohibited foreign-party-controlled business violated this part by failing to timely register as required under this section, then the secretary of state shall assess a civil penalty not to exceed two thousand dollars ($2,000) for each violation.
Amended by 2024 Tenn. Acts, ch. 995,s 1, eff. 1/1/2025.
Added by 2023 Tenn. Acts, ch. 369, s 3, eff. 7/1/2023.
Tenn. Code Ann. § 66-27-501 — TN Code / Title 66 / Chapter 27 / Section 66-27-501
Applicability - Waiver
Status: in_force

This part applies only to units restricted to residential purposes, unless expressly made applicable by the declaration. Acts 2008, ch. 766, § 1.
This part applies only to units restricted to residential purposes, unless expressly made applicable by the declaration.
Acts 2008, ch. 766, § 1.
Tenn. Code Ann. § 66-29-202 — TN Code / Title 66 / Chapter 29 / Section 66-29-202
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Abandoned cultural property" means cultural property meeting the following three (3) conditions: (A) The property shall have been deposited with a museum, historical society, or similar not-for-profit institution for a period of at least twenty (20) years; or the property shall have been deposited with a museum, historical society, or similar not-for-profit institution for a definite term which has been expired for at least twenty (20) years; (B) The museum, historical society, or similar not-for-profit institution has been unable to contact the original depositor by certified mail; and (C) The original depositor or such depositor's heirs or assigns have not contacted the museum, historical society, or similar not-for-profit institution for at least twenty (20) years; (2) "Cultural property" means any work of art, regardless of the medium; any work of decorative art; any craft work; photographs; documents; costumes; weapons; the tools and equipment of the various trades and professions; archaeological and geological specimens; zoological and botanical specimens; historical postage and currency; silverware; objects associated with historical persons or events; and in general, any object which, when exhibited, serves to further the educational goals of the exhibiting institution; and (3) "Museum" means those museums and art galleries owned or operated by the state or any political subdivision of the state, and those museums, historical societies, and art galleries owned and operated by not-for-profit corporations. Acts 1984, ch. 862, § 2; 1985, ch. 153, § 1; 1991, ch. 203, §§ 1, 2.
As used in this part, unless the context otherwise requires:
(1) "Abandoned cultural property" means cultural property meeting the following three (3) conditions: (A) The property shall have been deposited with a museum, historical society, or similar not-for-profit institution for a period of at least twenty (20) years; or the property shall have been deposited with a museum, historical society, or similar not-for-profit institution for a definite term which has been expired for at least twenty (20) years; (B) The museum, historical society, or similar not-for-profit institution has been unable to contact the original depositor by certified mail; and (C) The original depositor or such depositor's heirs or assigns have not contacted the museum, historical society, or similar not-for-profit institution for at least twenty (20) years;
(A) The property shall have been deposited with a museum, historical society, or similar not-for-profit institution for a period of at least twenty (20) years; or the property shall have been deposited with a museum, historical society, or similar not-for-profit institution for a definite term which has been expired for at least twenty (20) years;
(B) The museum, historical society, or similar not-for-profit institution has been unable to contact the original depositor by certified mail; and
(C) The original depositor or such depositor's heirs or assigns have not contacted the museum, historical society, or similar not-for-profit institution for at least twenty (20) years;
(2) "Cultural property" means any work of art, regardless of the medium; any work of decorative art; any craft work; photographs; documents; costumes; weapons; the tools and equipment of the various trades and professions; archaeological and geological specimens; zoological and botanical specimens; historical postage and currency; silverware; objects associated with historical persons or events; and in general, any object which, when exhibited, serves to further the educational goals of the exhibiting institution; and
(3) "Museum" means those museums and art galleries owned or operated by the state or any political subdivision of the state, and those museums, historical societies, and art galleries owned and operated by not-for-profit corporations.
Acts 1984, ch. 862, § 2; 1985, ch. 153, § 1; 1991, ch. 203, §§ 1, 2.
Tenn. Code Ann. § 66-1-202 — TN Code / Title 66 / Chapter 1 / Section 66-1-202
Validity of nonvested property interests and powers of appointment
Status: in_force

(a) A nonvested property interest is invalid unless one (1) of the following conditions is satisfied: (1) When the interest is created, it is certain to vest or terminate no later than twenty-one (21) years after the death of an individual then alive; (2) The interest either vests or terminates within ninety (90) years after its creation; or (3) The interest satisfies the conditions set forth in subsection (f). (b) A general power of appointment not presently exercisable because of a condition precedent is invalid unless one (1) of the following conditions is satisfied: (1) When the power is created, the condition precedent is certain to be satisfied or becomes impossible to satisfy no later than twenty-one (21) years after the death of an individual then alive; (2) The condition precedent either is satisfied or becomes impossible to satisfy within ninety (90) years after its creation; or (3) The condition precedent satisfies the conditions set forth in subsection (f). (c) A non-general power of appointment or a general testamentary power of appointment is invalid unless one (1) of the following conditions is satisfied: (1) When the power is created, it is certain to be irrevocably exercised or otherwise to terminate no later than twenty-one (21) years after the death of an individual then alive; or (2) The power is irrevocably exercised or otherwise terminates within ninety (90) years after its creation. (d) In determining whether a nonvested property interest or a power of appointment is valid under subdivision (a)(1), (b)(1), or (c)(1), the possibility that a child will be born to an individual after the individual's death is disregarded. (e) If, in measuring a period from the creation of a trust or other property arrangement, language in a governing instrument seeks to disallow the vesting or termination of any interest or trust beyond, seeks to postpone the vesting or termination of any interest or trust until, or seeks to operate in effect in any similar fashion upon, the later of: (1) The expiration of a period of time not exceeding twenty-one (21) years after the death of the survivor of specified lives in being at the creation of the trust or other property arrangement; or (2) The expiration of a period of time that exceeds or might exceed twenty-one (21) years after the death of the survivor of lives in being at the creation of the trust or other property arrangement; such language is inoperative to the extent it produces a period of time that exceeds twenty-one (21) years after the death of the survivor of the specified lives. (f) As to any trust created after June 30, 2007, or that becomes irrevocable after June 30, 2007, the terms of the trust shall require that all beneficial interests in the trust vest or terminate or the power of appointment is exercised within three hundred sixty (360) years. (g) If a trustee of an irrevocable trust transfers to this state the principal place of administration of a trust validly created in a foreign jurisdiction, as defined in § 35-15-103 , then all beneficial interests in the trust must vest or terminate and any power of appointment must be exercised within: (1) If the trust instrument does not contain a state jurisdiction provision as defined in § 35-15-107 , the least of three-hundred sixty (360) years from the date of creation of the trust, the period stated in the trust instrument, or the period governing under the law of the foreign jurisdiction in effect in the jurisdiction at the time the trust became irrevocable; or (2) If the trust instrument does contain a state jurisdiction provision as defined in § 35-15-107 , the lesser of the period stated in the trust instrument, or the period governing under the law provided in the state jurisdiction provision. Amended by 2024 Tenn. Acts, ch. 695,s 12, eff. 7/1/2024. Acts 1994, ch. 654, § 2; 2007 , ch. 144, §§ 14-16; 2010 , ch. 725, § 20.
(a) A nonvested property interest is invalid unless one (1) of the following conditions is satisfied: (1) When the interest is created, it is certain to vest or terminate no later than twenty-one (21) years after the death of an individual then alive; (2) The interest either vests or terminates within ninety (90) years after its creation; or (3) The interest satisfies the conditions set forth in subsection (f).
(1) When the interest is created, it is certain to vest or terminate no later than twenty-one (21) years after the death of an individual then alive;
(2) The interest either vests or terminates within ninety (90) years after its creation; or
(3) The interest satisfies the conditions set forth in subsection (f).
(b) A general power of appointment not presently exercisable because of a condition precedent is invalid unless one (1) of the following conditions is satisfied: (1) When the power is created, the condition precedent is certain to be satisfied or becomes impossible to satisfy no later than twenty-one (21) years after the death of an individual then alive; (2) The condition precedent either is satisfied or becomes impossible to satisfy within ninety (90) years after its creation; or (3) The condition precedent satisfies the conditions set forth in subsection (f).
(1) When the power is created, the condition precedent is certain to be satisfied or becomes impossible to satisfy no later than twenty-one (21) years after the death of an individual then alive;
(2) The condition precedent either is satisfied or becomes impossible to satisfy within ninety (90) years after its creation; or
(3) The condition precedent satisfies the conditions set forth in subsection (f).
(c) A non-general power of appointment or a general testamentary power of appointment is invalid unless one (1) of the following conditions is satisfied: (1) When the power is created, it is certain to be irrevocably exercised or otherwise to terminate no later than twenty-one (21) years after the death of an individual then alive; or (2) The power is irrevocably exercised or otherwise terminates within ninety (90) years after its creation.
(1) When the power is created, it is certain to be irrevocably exercised or otherwise to terminate no later than twenty-one (21) years after the death of an individual then alive; or
(2) The power is irrevocably exercised or otherwise terminates within ninety (90) years after its creation.
(d) In determining whether a nonvested property interest or a power of appointment is valid under subdivision (a)(1), (b)(1), or (c)(1), the possibility that a child will be born to an individual after the individual's death is disregarded.
(e) If, in measuring a period from the creation of a trust or other property arrangement, language in a governing instrument seeks to disallow the vesting or termination of any interest or trust beyond, seeks to postpone the vesting or termination of any interest or trust until, or seeks to operate in effect in any similar fashion upon, the later of: (1) The expiration of a period of time not exceeding twenty-one (21) years after the death of the survivor of specified lives in being at the creation of the trust or other property arrangement; or (2) The expiration of a period of time that exceeds or might exceed twenty-one (21) years after the death of the survivor of lives in being at the creation of the trust or other property arrangement; such language is inoperative to the extent it produces a period of time that exceeds twenty-one (21) years after the death of the survivor of the specified lives.
(1) The expiration of a period of time not exceeding twenty-one (21) years after the death of the survivor of specified lives in being at the creation of the trust or other property arrangement; or
(2) The expiration of a period of time that exceeds or might exceed twenty-one (21) years after the death of the survivor of lives in being at the creation of the trust or other property arrangement; such language is inoperative to the extent it produces a period of time that exceeds twenty-one (21) years after the death of the survivor of the specified lives.
such language is inoperative to the extent it produces a period of time that exceeds twenty-one (21) years after the death of the survivor of the specified lives.
(f) As to any trust created after June 30, 2007, or that becomes irrevocable after June 30, 2007, the terms of the trust shall require that all beneficial interests in the trust vest or terminate or the power of appointment is exercised within three hundred sixty (360) years.
(g) If a trustee of an irrevocable trust transfers to this state the principal place of administration of a trust validly created in a foreign jurisdiction, as defined in § 35-15-103 , then all beneficial interests in the trust must vest or terminate and any power of appointment must be exercised within: (1) If the trust instrument does not contain a state jurisdiction provision as defined in § 35-15-107 , the least of three-hundred sixty (360) years from the date of creation of the trust, the period stated in the trust instrument, or the period governing under the law of the foreign jurisdiction in effect in the jurisdiction at the time the trust became irrevocable; or (2) If the trust instrument does contain a state jurisdiction provision as defined in § 35-15-107 , the lesser of the period stated in the trust instrument, or the period governing under the law provided in the state jurisdiction provision.
(1) If the trust instrument does not contain a state jurisdiction provision as defined in § 35-15-107 , the least of three-hundred sixty (360) years from the date of creation of the trust, the period stated in the trust instrument, or the period governing under the law of the foreign jurisdiction in effect in the jurisdiction at the time the trust became irrevocable; or
(2) If the trust instrument does contain a state jurisdiction provision as defined in § 35-15-107 , the lesser of the period stated in the trust instrument, or the period governing under the law provided in the state jurisdiction provision.
Amended by 2024 Tenn. Acts, ch. 695,s 12, eff. 7/1/2024.
Acts 1994, ch. 654, § 2; 2007 , ch. 144, §§ 14-16; 2010 , ch. 725, § 20.
Tenn. Code Ann. § 66-14-105 — TN Code / Title 66 / Chapter 14 / Section 66-14-105
Satisfaction of lien by owner
Status: in_force

At any time before the goods are sold, any person claiming a right of property or possession therein may pay the artisan the amount necessary to satisfy the lien and pay the reasonable expenses and liabilities incurred in serving notice and advertisement and preparing for the sale up to the time of such payment. The artisan shall deliver the goods to the person making such payment if that person is entitled, under this chapter, to the possession of the goods on payment of such expenses and liabilities. Acts 1935, ch. 53, § 1; C. Supp. 1950, § 7988; T.C.A. (orig. ed.), § 64-1405.
At any time before the goods are sold, any person claiming a right of property or possession therein may pay the artisan the amount necessary to satisfy the lien and pay the reasonable expenses and liabilities incurred in serving notice and advertisement and preparing for the sale up to the time of such payment. The artisan shall deliver the goods to the person making such payment if that person is entitled, under this chapter, to the possession of the goods on payment of such expenses and liabilities.
Acts 1935, ch. 53, § 1; C. Supp. 1950, § 7988; T.C.A. (orig. ed.), § 64-1405.
Tenn. Code Ann. § 66-28-405 — TN Code / Title 66 / Chapter 28 / Section 66-28-405
Abandonment
Status: in_force

(a) The tenant's unexplained or extended absence from the premises for thirty (30) days or more without payment of rent as due shall be prima facie evidence of abandonment. The landlord is then expressly authorized to reenter and take possession of the premises. (b) (1) The tenant's nonpayment of rent for fifteen (15) days past the rental due date, together with other reasonable factual circumstances indicating the tenant has permanently vacated the premises, including, but not limited to, the removal by the tenant of substantially all of the tenant's possessions and personal effects from the premises, or the tenant's voluntary termination of utility service to the premises, shall also be prima facie evidence of abandonment. (2) In cases described in subdivision (b)(1), the landlord shall post notice at the rental premises and shall also send the notice to the tenant by regular mail, postage prepaid, at the rental premises address. The notice shall state that: (A) The landlord has reason to believe that the tenant has abandoned the premises; (B) The landlord intends to reenter and take possession of the premises, unless the tenant contacts the landlord within ten (10) days of the posting and mailing of the notice; (C) If the tenant does not contact the landlord within the ten-day period, the landlord intends to remove any and all possessions and personal effects remaining in or on the premises and to rerent the dwelling unit; and (D) If the tenant does not reclaim the possessions and personal effects within thirty (30) days of the landlord taking possession of the possessions and personal effects, the landlord intends to dispose of the tenant's possessions and personal effects as provided for in subsection (c). (3) The notice shall also include a telephone number and a mailing address at which the landlord may be contacted. (4) If the tenant fails to contact the landlord within ten (10) days of the posting and mailing of the notice, the landlord may reenter and take possession of the premises. If the tenant contacts the landlord within ten (10) days of the posting and mailing of the notice and indicates the tenant's intention to remain in possession of the rental premises, the landlord shall comply with the provisions of this chapter relative to termination of tenancy and recovery of possession of the premises through judicial process. (c) When proceeding under either subsection (a) or (b), the landlord shall remove the tenant's possessions and personal effects from the premises and store the personal possessions and personal effects for not less than thirty (30) days. The tenant may reclaim the possessions and personal effects from the landlord within the thirty-day period. If the tenant does not reclaim the possessions and personal effects within the thirty-day period, the landlord may sell or otherwise dispose of the tenant's possessions and personal effects and apply the proceeds of the sale to the unpaid rents, damages, storage fees, sale costs and attorney's fees. Any balances are to be held by the landlord for a period of six (6) months after the sale. Acts 1975, ch. 245, § 3.105; T.C.A., § 64-2835; Acts 2005, ch. 156, § 5.
(a) The tenant's unexplained or extended absence from the premises for thirty (30) days or more without payment of rent as due shall be prima facie evidence of abandonment. The landlord is then expressly authorized to reenter and take possession of the premises.
(b) (1) The tenant's nonpayment of rent for fifteen (15) days past the rental due date, together with other reasonable factual circumstances indicating the tenant has permanently vacated the premises, including, but not limited to, the removal by the tenant of substantially all of the tenant's possessions and personal effects from the premises, or the tenant's voluntary termination of utility service to the premises, shall also be prima facie evidence of abandonment. (2) In cases described in subdivision (b)(1), the landlord shall post notice at the rental premises and shall also send the notice to the tenant by regular mail, postage prepaid, at the rental premises address. The notice shall state that: (A) The landlord has reason to believe that the tenant has abandoned the premises; (B) The landlord intends to reenter and take possession of the premises, unless the tenant contacts the landlord within ten (10) days of the posting and mailing of the notice; (C) If the tenant does not contact the landlord within the ten-day period, the landlord intends to remove any and all possessions and personal effects remaining in or on the premises and to rerent the dwelling unit; and (D) If the tenant does not reclaim the possessions and personal effects within thirty (30) days of the landlord taking possession of the possessions and personal effects, the landlord intends to dispose of the tenant's possessions and personal effects as provided for in subsection (c). (3) The notice shall also include a telephone number and a mailing address at which the landlord may be contacted. (4) If the tenant fails to contact the landlord within ten (10) days of the posting and mailing of the notice, the landlord may reenter and take possession of the premises. If the tenant contacts the landlord within ten (10) days of the posting and mailing of the notice and indicates the tenant's intention to remain in possession of the rental premises, the landlord shall comply with the provisions of this chapter relative to termination of tenancy and recovery of possession of the premises through judicial process.
(1) The tenant's nonpayment of rent for fifteen (15) days past the rental due date, together with other reasonable factual circumstances indicating the tenant has permanently vacated the premises, including, but not limited to, the removal by the tenant of substantially all of the tenant's possessions and personal effects from the premises, or the tenant's voluntary termination of utility service to the premises, shall also be prima facie evidence of abandonment.
(2) In cases described in subdivision (b)(1), the landlord shall post notice at the rental premises and shall also send the notice to the tenant by regular mail, postage prepaid, at the rental premises address. The notice shall state that: (A) The landlord has reason to believe that the tenant has abandoned the premises; (B) The landlord intends to reenter and take possession of the premises, unless the tenant contacts the landlord within ten (10) days of the posting and mailing of the notice; (C) If the tenant does not contact the landlord within the ten-day period, the landlord intends to remove any and all possessions and personal effects remaining in or on the premises and to rerent the dwelling unit; and (D) If the tenant does not reclaim the possessions and personal effects within thirty (30) days of the landlord taking possession of the possessions and personal effects, the landlord intends to dispose of the tenant's possessions and personal effects as provided for in subsection (c).
(A) The landlord has reason to believe that the tenant has abandoned the premises;
(B) The landlord intends to reenter and take possession of the premises, unless the tenant contacts the landlord within ten (10) days of the posting and mailing of the notice;
(C) If the tenant does not contact the landlord within the ten-day period, the landlord intends to remove any and all possessions and personal effects remaining in or on the premises and to rerent the dwelling unit; and
(D) If the tenant does not reclaim the possessions and personal effects within thirty (30) days of the landlord taking possession of the possessions and personal effects, the landlord intends to dispose of the tenant's possessions and personal effects as provided for in subsection (c).
(3) The notice shall also include a telephone number and a mailing address at which the landlord may be contacted.
(4) If the tenant fails to contact the landlord within ten (10) days of the posting and mailing of the notice, the landlord may reenter and take possession of the premises. If the tenant contacts the landlord within ten (10) days of the posting and mailing of the notice and indicates the tenant's intention to remain in possession of the rental premises, the landlord shall comply with the provisions of this chapter relative to termination of tenancy and recovery of possession of the premises through judicial process.
(c) When proceeding under either subsection (a) or (b), the landlord shall remove the tenant's possessions and personal effects from the premises and store the personal possessions and personal effects for not less than thirty (30) days. The tenant may reclaim the possessions and personal effects from the landlord within the thirty-day period. If the tenant does not reclaim the possessions and personal effects within the thirty-day period, the landlord may sell or otherwise dispose of the tenant's possessions and personal effects and apply the proceeds of the sale to the unpaid rents, damages, storage fees, sale costs and attorney's fees. Any balances are to be held by the landlord for a period of six (6) months after the sale.
Acts 1975, ch. 245, § 3.105; T.C.A., § 64-2835; Acts 2005, ch. 156, § 5.
Tenn. Code Ann. § 66-27-203 — TN Code / Title 66 / Chapter 27 / Section 66-27-203
Definitions for parts 2-5
Status: in_force

In the declaration and bylaws, unless specifically provided otherwise or the context otherwise requires, and in this part and parts 3-5 of this chapter: (1) (A) "Affiliate of a declarant" means any person who controls, is controlled by, or is under common control with a declarant; (B) A person "controls" a declarant if the person: (i) Is a general partner, officer, director, manager or managing member, or employer of the declarant; (ii) Directly or indirectly or acting in concert with one (1) or more other persons, or through one (1) or more subsidiaries, owns, controls, holds with power to vote, or holds proxies representing, more than twenty percent (20%) of the voting interest in the declarant; or (iii) Controls in any manner the election of a majority of the directors, managers, or managing members of the declarant; (C) A person "is controlled by" a declarant if the declarant: (i) Is a general partner, officer, director, manager, managing member or employer of the person; (ii) Directly or indirectly or acting in concert with one (1) or more other persons, or through one (1) or more subsidiaries, owns, controls, holds with power to vote, or holds proxies representing, more than twenty percent (20%) of the voting interest in the person; or (iii) Controls in any manner the election of a majority of the directors, managers, or managing members of the person; (D) Control does not exist if the powers described in this subdivision (1) are held solely as security for an obligation and are not exercised; (2) "Allocated interests" means the undivided interest in the common elements, the common expense liability, and votes in the association allocated to each unit; (3) "Association" means the unit owners' association organized under § 66-27-401 ; (4) "Board of directors" means the body, regardless of name, designated in the declaration to act on behalf of the association; (5) "Common elements" means all portions of a condominium other than the units; (6) "Common expense liability" means the liability for common expenses allocated to each unit pursuant to § 66-27-307 ; (7) "Common expenses" means actual or anticipated expenditures made by or financial liabilities of the association, together with any allocations to reserves; (8) "Condominium" means real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions by the recording of a declaration pursuant to the terms of this part and parts 3-5 of this chapter. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners pursuant to a declaration recorded under this part and parts 3-5 of this chapter or prior law applicable to the declaration; (9) "Conversion building" means a building that at any time before creation of the condominium was occupied wholly or partially by persons other than purchasers; (10) "Declarant" means any person or group of persons acting in concert who: (A) As part of a common promotional plan, offers to dispose of the person's or group's interest in a unit not previously disposed of, and files a declaration pursuant to this part and parts 3-5 of this chapter; or (B) Reserves or succeeds to any special declarant or development right; (11) "Declaration" means any instruments, however denominated, that create a condominium, and any amendments to those instruments; (12) "Development rights" means any right or combination of rights reserved by a declarant in the declaration: (A) To add real estate to a condominium; (B) To create units, common elements, or limited common elements within a condominium; (C) To allocate limited common elements, other than those described in §§ 66-27-302 and 66-27-304 , to specific units; (D) To grant licenses for parties who are not unit owners to use portions of the common elements or limited common elements, subject to an obligation to pay an equitable share of the common expenses attributable to the licensed common elements or limited common elements; (E) To the extent not otherwise permitted as a right held by unit owners as provided in § 66-27-313(a) , to subdivide units or convert units into common elements; or (F) To withdraw real estate from a condominium; (13) "Dispose" or "disposition" means a voluntary transfer to a purchaser of any legal or equitable interest in a unit, but does not include the transfer or release of a security interest; (14) "Identifying number" means a symbol, name, or address that identifies only one (1) unit in a condominium; (15) "Leasehold condominium" means a condominium in which all or a portion of the real estate is subject to a lease, the expiration or termination of which will terminate the condominium or reduce its size; (16) "Limited common element" means a portion of the common elements allocated by the declaration or by operation of § 66-27-302(2) or (4) for the exclusive use of one (1) or more, but fewer than all, of the units; (17) "Master association" means an organization described in § 66-27-321 , whether or not it is also an association described in § 66-27-401 ; (18) "Person" means a natural person, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision or agency, or other legal or commercial entity; (19) "Purchaser" means any person, other than a declarant, who by means of a contract or voluntary transfer acquires a legal or equitable interest in a unit other than: (A) A leasehold interest, including renewal options, of less than twenty (20) years; or (B) As security for an obligation, or in connection with the enforcement of an obligation; (20) "Real estate" means any leasehold or other estate or interest in, over, or under land, including structures, fixtures, and other improvements and interests that by custom, usage, or law pass with a conveyance of land, though not described in the contract of sale or instrument of conveyance. "Real estate" includes parcels with or without upper or lower boundaries, and spaces that may be filled with air or water; (21) "Reserve study" means an analysis, prepared in conformity with the latest edition of the Reserve Study Standards published by the Community Associations Institute, or similar standards by another nationally recognized organization, by a reserve specialist who is credentialed through the Community Associations Institute or a similarly recognized organization, or a licensed engineer or architect, performed or updated within the last five (5) years, of the remaining useful life and the estimated cost to replace each separate system and component of the common elements, the purpose of which is to inform association members and the association's board of the amount that should be maintained from year to year in a fully funded repair and replacement reserve to minimize the need for special assessments; (22) "Residential purposes" means use for dwelling or non-commercial recreational purposes, or both; (23) "Special declarant rights" means rights, reserved for the benefit of a declarant: (A) To complete improvements indicated on plats and plans filed with the declaration pursuant to § 66-27-309 ; (B) To exercise any development right pursuant to § 66-27-310 ; (C) To maintain sales offices, management offices, signs advertising the condominium, and models pursuant to § 66-27-315 ; (D) To use easements through the common elements for the purpose of making improvements within the condominium or within real estate that may be added to the condominium pursuant to § 66-27-316 ; (E) To make the condominium part of a larger condominium or a planned community pursuant to § 66-27-323 ; (F) To make the condominium subject to a master association pursuant to § 66-27-321 ; (G) To appoint or remove any officer of the association or any master association or any member of the board of directors during any period of declarant control pursuant to § 66-27-403(c) ; or (H) To exercise any other rights reserved to the declarant in the declaration; (24) "Unit" means a physical portion of the condominium designated for separate ownership or occupancy, the boundaries of which are described pursuant to § 66-27-305(a)(4) ; and (25) "Unit owner" means a declarant or other person who owns a unit, or a lessee of a unit in a leasehold condominium whose lease expires simultaneously with any lease, the expiration or termination of which will remove the unit from the condominium, but does not include a person having an interest in a unit solely as security for an obligation. Amended by 2023 Tenn. Acts, ch. 205, s 1, eff. 1/1/2024. Acts 2008 , ch. 766, § 1.
In the declaration and bylaws, unless specifically provided otherwise or the context otherwise requires, and in this part and parts 3-5 of this chapter:
(1) (A) "Affiliate of a declarant" means any person who controls, is controlled by, or is under common control with a declarant; (B) A person "controls" a declarant if the person: (i) Is a general partner, officer, director, manager or managing member, or employer of the declarant; (ii) Directly or indirectly or acting in concert with one (1) or more other persons, or through one (1) or more subsidiaries, owns, controls, holds with power to vote, or holds proxies representing, more than twenty percent (20%) of the voting interest in the declarant; or (iii) Controls in any manner the election of a majority of the directors, managers, or managing members of the declarant; (C) A person "is controlled by" a declarant if the declarant: (i) Is a general partner, officer, director, manager, managing member or employer of the person; (ii) Directly or indirectly or acting in concert with one (1) or more other persons, or through one (1) or more subsidiaries, owns, controls, holds with power to vote, or holds proxies representing, more than twenty percent (20%) of the voting interest in the person; or (iii) Controls in any manner the election of a majority of the directors, managers, or managing members of the person; (D) Control does not exist if the powers described in this subdivision (1) are held solely as security for an obligation and are not exercised;
(A) "Affiliate of a declarant" means any person who controls, is controlled by, or is under common control with a declarant;
(B) A person "controls" a declarant if the person: (i) Is a general partner, officer, director, manager or managing member, or employer of the declarant; (ii) Directly or indirectly or acting in concert with one (1) or more other persons, or through one (1) or more subsidiaries, owns, controls, holds with power to vote, or holds proxies representing, more than twenty percent (20%) of the voting interest in the declarant; or (iii) Controls in any manner the election of a majority of the directors, managers, or managing members of the declarant;
(i) Is a general partner, officer, director, manager or managing member, or employer of the declarant;
(ii) Directly or indirectly or acting in concert with one (1) or more other persons, or through one (1) or more subsidiaries, owns, controls, holds with power to vote, or holds proxies representing, more than twenty percent (20%) of the voting interest in the declarant; or
(iii) Controls in any manner the election of a majority of the directors, managers, or managing members of the declarant;
(C) A person "is controlled by" a declarant if the declarant: (i) Is a general partner, officer, director, manager, managing member or employer of the person; (ii) Directly or indirectly or acting in concert with one (1) or more other persons, or through one (1) or more subsidiaries, owns, controls, holds with power to vote, or holds proxies representing, more than twenty percent (20%) of the voting interest in the person; or (iii) Controls in any manner the election of a majority of the directors, managers, or managing members of the person;
(i) Is a general partner, officer, director, manager, managing member or employer of the person;
(ii) Directly or indirectly or acting in concert with one (1) or more other persons, or through one (1) or more subsidiaries, owns, controls, holds with power to vote, or holds proxies representing, more than twenty percent (20%) of the voting interest in the person; or
(iii) Controls in any manner the election of a majority of the directors, managers, or managing members of the person;
(D) Control does not exist if the powers described in this subdivision (1) are held solely as security for an obligation and are not exercised;
(2) "Allocated interests" means the undivided interest in the common elements, the common expense liability, and votes in the association allocated to each unit;
(3) "Association" means the unit owners' association organized under § 66-27-401 ;
(4) "Board of directors" means the body, regardless of name, designated in the declaration to act on behalf of the association;
(5) "Common elements" means all portions of a condominium other than the units;
(6) "Common expense liability" means the liability for common expenses allocated to each unit pursuant to § 66-27-307 ;
(7) "Common expenses" means actual or anticipated expenditures made by or financial liabilities of the association, together with any allocations to reserves;
(8) "Condominium" means real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions by the recording of a declaration pursuant to the terms of this part and parts 3-5 of this chapter. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners pursuant to a declaration recorded under this part and parts 3-5 of this chapter or prior law applicable to the declaration;
(9) "Conversion building" means a building that at any time before creation of the condominium was occupied wholly or partially by persons other than purchasers;
(10) "Declarant" means any person or group of persons acting in concert who: (A) As part of a common promotional plan, offers to dispose of the person's or group's interest in a unit not previously disposed of, and files a declaration pursuant to this part and parts 3-5 of this chapter; or (B) Reserves or succeeds to any special declarant or development right;
(A) As part of a common promotional plan, offers to dispose of the person's or group's interest in a unit not previously disposed of, and files a declaration pursuant to this part and parts 3-5 of this chapter; or
(B) Reserves or succeeds to any special declarant or development right;
(11) "Declaration" means any instruments, however denominated, that create a condominium, and any amendments to those instruments;
(12) "Development rights" means any right or combination of rights reserved by a declarant in the declaration: (A) To add real estate to a condominium; (B) To create units, common elements, or limited common elements within a condominium; (C) To allocate limited common elements, other than those described in §§ 66-27-302 and 66-27-304 , to specific units; (D) To grant licenses for parties who are not unit owners to use portions of the common elements or limited common elements, subject to an obligation to pay an equitable share of the common expenses attributable to the licensed common elements or limited common elements; (E) To the extent not otherwise permitted as a right held by unit owners as provided in § 66-27-313(a) , to subdivide units or convert units into common elements; or (F) To withdraw real estate from a condominium;
(A) To add real estate to a condominium;
(B) To create units, common elements, or limited common elements within a condominium;
(C) To allocate limited common elements, other than those described in §§ 66-27-302 and 66-27-304 , to specific units;
(D) To grant licenses for parties who are not unit owners to use portions of the common elements or limited common elements, subject to an obligation to pay an equitable share of the common expenses attributable to the licensed common elements or limited common elements;
(E) To the extent not otherwise permitted as a right held by unit owners as provided in § 66-27-313(a) , to subdivide units or convert units into common elements; or
(F) To withdraw real estate from a condominium;
(13) "Dispose" or "disposition" means a voluntary transfer to a purchaser of any legal or equitable interest in a unit, but does not include the transfer or release of a security interest;
(14) "Identifying number" means a symbol, name, or address that identifies only one (1) unit in a condominium;
(15) "Leasehold condominium" means a condominium in which all or a portion of the real estate is subject to a lease, the expiration or termination of which will terminate the condominium or reduce its size;
(16) "Limited common element" means a portion of the common elements allocated by the declaration or by operation of § 66-27-302(2) or (4) for the exclusive use of one (1) or more, but fewer than all, of the units;
(17) "Master association" means an organization described in § 66-27-321 , whether or not it is also an association described in § 66-27-401 ;
(18) "Person" means a natural person, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision or agency, or other legal or commercial entity;
(19) "Purchaser" means any person, other than a declarant, who by means of a contract or voluntary transfer acquires a legal or equitable interest in a unit other than: (A) A leasehold interest, including renewal options, of less than twenty (20) years; or (B) As security for an obligation, or in connection with the enforcement of an obligation;
(A) A leasehold interest, including renewal options, of less than twenty (20) years; or
(B) As security for an obligation, or in connection with the enforcement of an obligation;
(20) "Real estate" means any leasehold or other estate or interest in, over, or under land, including structures, fixtures, and other improvements and interests that by custom, usage, or law pass with a conveyance of land, though not described in the contract of sale or instrument of conveyance. "Real estate" includes parcels with or without upper or lower boundaries, and spaces that may be filled with air or water;
(21) "Reserve study" means an analysis, prepared in conformity with the latest edition of the Reserve Study Standards published by the Community Associations Institute, or similar standards by another nationally recognized organization, by a reserve specialist who is credentialed through the Community Associations Institute or a similarly recognized organization, or a licensed engineer or architect, performed or updated within the last five (5) years, of the remaining useful life and the estimated cost to replace each separate system and component of the common elements, the purpose of which is to inform association members and the association's board of the amount that should be maintained from year to year in a fully funded repair and replacement reserve to minimize the need for special assessments;
(22) "Residential purposes" means use for dwelling or non-commercial recreational purposes, or both;
(23) "Special declarant rights" means rights, reserved for the benefit of a declarant: (A) To complete improvements indicated on plats and plans filed with the declaration pursuant to § 66-27-309 ; (B) To exercise any development right pursuant to § 66-27-310 ; (C) To maintain sales offices, management offices, signs advertising the condominium, and models pursuant to § 66-27-315 ; (D) To use easements through the common elements for the purpose of making improvements within the condominium or within real estate that may be added to the condominium pursuant to § 66-27-316 ; (E) To make the condominium part of a larger condominium or a planned community pursuant to § 66-27-323 ; (F) To make the condominium subject to a master association pursuant to § 66-27-321 ; (G) To appoint or remove any officer of the association or any master association or any member of the board of directors during any period of declarant control pursuant to § 66-27-403(c) ; or (H) To exercise any other rights reserved to the declarant in the declaration;
(A) To complete improvements indicated on plats and plans filed with the declaration pursuant to § 66-27-309 ;
(B) To exercise any development right pursuant to § 66-27-310 ;
(C) To maintain sales offices, management offices, signs advertising the condominium, and models pursuant to § 66-27-315 ;
(D) To use easements through the common elements for the purpose of making improvements within the condominium or within real estate that may be added to the condominium pursuant to § 66-27-316 ;
(E) To make the condominium part of a larger condominium or a planned community pursuant to § 66-27-323 ;
(F) To make the condominium subject to a master association pursuant to § 66-27-321 ;
(G) To appoint or remove any officer of the association or any master association or any member of the board of directors during any period of declarant control pursuant to § 66-27-403(c) ; or
(H) To exercise any other rights reserved to the declarant in the declaration;
(24) "Unit" means a physical portion of the condominium designated for separate ownership or occupancy, the boundaries of which are described pursuant to § 66-27-305(a)(4) ; and
(25) "Unit owner" means a declarant or other person who owns a unit, or a lessee of a unit in a leasehold condominium whose lease expires simultaneously with any lease, the expiration or termination of which will remove the unit from the condominium, but does not include a person having an interest in a unit solely as security for an obligation.
Amended by 2023 Tenn. Acts, ch. 205, s 1, eff. 1/1/2024.
Acts 2008 , ch. 766, § 1.
Tenn. Code Ann. § 66-36-103 — TN Code / Title 66 / Chapter 36 / Section 66-36-103
Notice of claim after discovery of construction defect - Inspection - Written response - Settlement offer - Toling of statute of limitations
Status: in_force

(a) In actions brought against a prime contractor, remote contractor, or design professional related to an alleged construction defect, the claimant shall, before filing an action, serve written notice of claim on the prime contractor, remote contractor, or design professional, as applicable. The claimant shall endeavor to serve the notice of claim within fifteen (15) days after discovery of an alleged defect, or as required by contract. Unless otherwise prohibited by contract, the failure to serve notice of claim within fifteen (15) days does not bar the filing of an action, subject to § 66-36-102 . (b) Within ten (10) business days after service of the notice of claim, the prime contractor, remote contractor, or design professional may inspect the structure to assess each alleged construction defect. The claimant shall provide the prime contractor, remote contractor, or design professional and its lower-tier remote contractors or agents reasonable access to the improvement during normal working hours to inspect the improvement, to determine the nature and cause of each alleged construction defect, and the nature and extent of any corrections, repairs, or replacements necessary to remedy each defect. The inspection may include destructive testing. Prior to performing any destructive testing, the person who desires to perform the testing shall notify the claimant in writing of the type of testing to be performed, the anticipated damage to the improvement that will be caused by the testing, and the anticipated corrections or repairs that will be necessary to correct or repair any damage caused by the testing. The person performing the testing shall correct and repair any damage to the improvement caused by the testing. (c) Within ten (10) days after service of the notice of claim, the prime contractor, remote contractor, or design professional must forward a copy of the notice of claim to each prime contractor, remote contractor, or design professional who it reasonably believes is responsible for each defect specified in the notice of claim and shall note the specific defect for which it believes the particular prime contractor, remote contractor, or design professional is responsible. Each such prime contractor, remote contractor, or design professional may inspect the improvement as provided in subsection (b) within ten (10) business days after receiving a copy of the notice. (d) Within ten (10) business days after receiving a copy of the notice of claim, the prime contractor, remote contractor, or design professional must serve a written response to the prime contractor, remote contractor, or design professional who served a copy of the notice of claim. The written response must include a report of the scope of any inspection of the improvement; the findings and results of the inspection; a statement of whether the prime contractor, remote contractor, or design professional is willing to make corrections or repairs to the improvement or whether it disputes the claim; a description of any corrections or repairs it is willing to make to remedy the alleged construction defect; and a timetable for the completion of such corrections or repairs. (e) Within thirty (30) days after receiving the notice of claim, each prime contractor, remote contractor, or design professional must serve a written response to the claimant. The written response must provide: (1) A written offer to remedy the alleged construction defect at no cost to the claimant, including a report of the scope of the inspection, the findings and results of the inspection, a detailed description of the corrections or repairs necessary to remedy the defect, and a timetable for the completion of the repairs; (2) A written offer to compromise and settle the claim by monetary payment to be paid within thirty (30) days after the claimant's acceptance of the offer; or (3) A written statement that the prime contractor, remote contractor, or design professional disputes the claim and will not remedy the defect or compromise and settle the claim. (f) If the prime contractor, remote contractor, or design professional offers to remedy the alleged construction defect or compromise and settle the claim by monetary payment, then the written response must contain a statement that the claimant is deemed to have accepted the offer if, within fifteen (15) days after service to the written response, the claimant does not serve a written rejection of the offer on the prime contractor, remote contractor, or design professional. (g) If the prime contractor, remote contractor, or design professional does not respond to the claimant's notice of claim within the time provided in subsection (e), then the claimant may, without further notice, proceed with an action against the prime contractor, remote contractor, or design professional for the claim described in the notice of claim. (h) A claimant who rejects a settlement offer made by the prime contractor, remote contractor, or design professional must serve written notice of the rejection on the prime contractor, remote contractor, or design professional within fifteen (15) days after service of the settlement offer. The claimant's rejection must contain the settlement offer with the word "rejected" printed on it. (i) If the claimant accepts the offer of a prime contractor, remote contractor, or design professional and the prime contractor, remote contractor, or design professional does not make the payment, correction, or repair the defect within the agreed time and in the agreed manner, then the claimant may, without further notice, proceed with an action against the prime contractor, remote contractor, or design professional. If a claimant accepts a prime contractor, remote contractor, or design professional's offer and the prime contractor, remote contractor, or design professional makes payment, correction, or repairs the defect within the agreed time and in the agreed manner, then the claimant is barred from proceeding with an action against the prime contractor, remote contractor, or design professional for the claim described in the notice of claim. (j) If the claimant accepts the offer of a prime contractor, remote contractor, or design professional to correct or repair an alleged construction defect, then the claimant shall provide the prime contractor, remote contractor, or design professional and their remote contractors or other agents reasonable access to the claimant's improvement during normal working hours to perform the correction or repair by the agreed-upon timetable as stated in the offer. (k) The failure of a claimant or a prime contractor, remote contractor, or design professional to follow the procedures in this section is admissible in an action. However, this section does not prohibit or limit the claimant from making any necessary emergency corrections or repairs to the improvement. In addition, the offer of a prime contractor, remote contractor, or design professional to remedy an alleged construction defect or to compromise and settle the claim by monetary payment does not constitute an admission of liability with respect to the defect. (l) A claimant's written notice of claim under subsection (a) tolls the applicable statute of limitations until the later of: (1) One hundred eighty (180) days after the prime contractor, remote contractor, or design professional receives the notice; or (2) Ninety (90) days after the end of the correction or repair period stated in the offer, if the claimant has accepted the offer. By stipulation of the parties, the period may be extended and the statute of limitations is tolled during the extension. (m) The procedures in this section apply to each alleged construction defect. However, a claimant may include multiple defects in one (1) notice of claim. (n) This chapter does not: (1) Bar, limit, or replace any rights, obligations, or duties under a contract that provides for notice and opportunity to cure any construction defects. Those contractual provisions control, take precedence, and are in lieu of any obligation or right provided by this chapter; (2) Bar or limit any rights, including the right of specific performance to the extent that right would be available in the absence of this chapter, any causes of action, or any theories on which liability may be based, except as specifically provided in this chapter; (3) Bar or limit any defense, or create any new defense, except as specifically provided in this chapter; (4) Create any new rights, causes of action, or theories on which liability may be based; or (5) Extend any existing statute of limitations except as specifically provided in subsection ( l ). Amended by 2020 Tenn. Acts, ch. 749, s 36, eff. 7/1/2020. Acts 2004, ch. 741, § 4.
(a) In actions brought against a prime contractor, remote contractor, or design professional related to an alleged construction defect, the claimant shall, before filing an action, serve written notice of claim on the prime contractor, remote contractor, or design professional, as applicable. The claimant shall endeavor to serve the notice of claim within fifteen (15) days after discovery of an alleged defect, or as required by contract. Unless otherwise prohibited by contract, the failure to serve notice of claim within fifteen (15) days does not bar the filing of an action, subject to § 66-36-102 .
(b) Within ten (10) business days after service of the notice of claim, the prime contractor, remote contractor, or design professional may inspect the structure to assess each alleged construction defect. The claimant shall provide the prime contractor, remote contractor, or design professional and its lower-tier remote contractors or agents reasonable access to the improvement during normal working hours to inspect the improvement, to determine the nature and cause of each alleged construction defect, and the nature and extent of any corrections, repairs, or replacements necessary to remedy each defect. The inspection may include destructive testing. Prior to performing any destructive testing, the person who desires to perform the testing shall notify the claimant in writing of the type of testing to be performed, the anticipated damage to the improvement that will be caused by the testing, and the anticipated corrections or repairs that will be necessary to correct or repair any damage caused by the testing. The person performing the testing shall correct and repair any damage to the improvement caused by the testing.
(c) Within ten (10) days after service of the notice of claim, the prime contractor, remote contractor, or design professional must forward a copy of the notice of claim to each prime contractor, remote contractor, or design professional who it reasonably believes is responsible for each defect specified in the notice of claim and shall note the specific defect for which it believes the particular prime contractor, remote contractor, or design professional is responsible. Each such prime contractor, remote contractor, or design professional may inspect the improvement as provided in subsection (b) within ten (10) business days after receiving a copy of the notice.
(d) Within ten (10) business days after receiving a copy of the notice of claim, the prime contractor, remote contractor, or design professional must serve a written response to the prime contractor, remote contractor, or design professional who served a copy of the notice of claim. The written response must include a report of the scope of any inspection of the improvement; the findings and results of the inspection; a statement of whether the prime contractor, remote contractor, or design professional is willing to make corrections or repairs to the improvement or whether it disputes the claim; a description of any corrections or repairs it is willing to make to remedy the alleged construction defect; and a timetable for the completion of such corrections or repairs.
(e) Within thirty (30) days after receiving the notice of claim, each prime contractor, remote contractor, or design professional must serve a written response to the claimant. The written response must provide: (1) A written offer to remedy the alleged construction defect at no cost to the claimant, including a report of the scope of the inspection, the findings and results of the inspection, a detailed description of the corrections or repairs necessary to remedy the defect, and a timetable for the completion of the repairs; (2) A written offer to compromise and settle the claim by monetary payment to be paid within thirty (30) days after the claimant's acceptance of the offer; or (3) A written statement that the prime contractor, remote contractor, or design professional disputes the claim and will not remedy the defect or compromise and settle the claim.
(1) A written offer to remedy the alleged construction defect at no cost to the claimant, including a report of the scope of the inspection, the findings and results of the inspection, a detailed description of the corrections or repairs necessary to remedy the defect, and a timetable for the completion of the repairs;
(2) A written offer to compromise and settle the claim by monetary payment to be paid within thirty (30) days after the claimant's acceptance of the offer; or
(3) A written statement that the prime contractor, remote contractor, or design professional disputes the claim and will not remedy the defect or compromise and settle the claim.
(f) If the prime contractor, remote contractor, or design professional offers to remedy the alleged construction defect or compromise and settle the claim by monetary payment, then the written response must contain a statement that the claimant is deemed to have accepted the offer if, within fifteen (15) days after service to the written response, the claimant does not serve a written rejection of the offer on the prime contractor, remote contractor, or design professional.
(g) If the prime contractor, remote contractor, or design professional does not respond to the claimant's notice of claim within the time provided in subsection (e), then the claimant may, without further notice, proceed with an action against the prime contractor, remote contractor, or design professional for the claim described in the notice of claim.
(h) A claimant who rejects a settlement offer made by the prime contractor, remote contractor, or design professional must serve written notice of the rejection on the prime contractor, remote contractor, or design professional within fifteen (15) days after service of the settlement offer. The claimant's rejection must contain the settlement offer with the word "rejected" printed on it.
(i) If the claimant accepts the offer of a prime contractor, remote contractor, or design professional and the prime contractor, remote contractor, or design professional does not make the payment, correction, or repair the defect within the agreed time and in the agreed manner, then the claimant may, without further notice, proceed with an action against the prime contractor, remote contractor, or design professional. If a claimant accepts a prime contractor, remote contractor, or design professional's offer and the prime contractor, remote contractor, or design professional makes payment, correction, or repairs the defect within the agreed time and in the agreed manner, then the claimant is barred from proceeding with an action against the prime contractor, remote contractor, or design professional for the claim described in the notice of claim.
(j) If the claimant accepts the offer of a prime contractor, remote contractor, or design professional to correct or repair an alleged construction defect, then the claimant shall provide the prime contractor, remote contractor, or design professional and their remote contractors or other agents reasonable access to the claimant's improvement during normal working hours to perform the correction or repair by the agreed-upon timetable as stated in the offer.
(k) The failure of a claimant or a prime contractor, remote contractor, or design professional to follow the procedures in this section is admissible in an action. However, this section does not prohibit or limit the claimant from making any necessary emergency corrections or repairs to the improvement. In addition, the offer of a prime contractor, remote contractor, or design professional to remedy an alleged construction defect or to compromise and settle the claim by monetary payment does not constitute an admission of liability with respect to the defect.
(l) A claimant's written notice of claim under subsection (a) tolls the applicable statute of limitations until the later of: (1) One hundred eighty (180) days after the prime contractor, remote contractor, or design professional receives the notice; or (2) Ninety (90) days after the end of the correction or repair period stated in the offer, if the claimant has accepted the offer. By stipulation of the parties, the period may be extended and the statute of limitations is tolled during the extension.
(1) One hundred eighty (180) days after the prime contractor, remote contractor, or design professional receives the notice; or
(2) Ninety (90) days after the end of the correction or repair period stated in the offer, if the claimant has accepted the offer. By stipulation of the parties, the period may be extended and the statute of limitations is tolled during the extension.
(m) The procedures in this section apply to each alleged construction defect. However, a claimant may include multiple defects in one (1) notice of claim.
(n) This chapter does not: (1) Bar, limit, or replace any rights, obligations, or duties under a contract that provides for notice and opportunity to cure any construction defects. Those contractual provisions control, take precedence, and are in lieu of any obligation or right provided by this chapter; (2) Bar or limit any rights, including the right of specific performance to the extent that right would be available in the absence of this chapter, any causes of action, or any theories on which liability may be based, except as specifically provided in this chapter; (3) Bar or limit any defense, or create any new defense, except as specifically provided in this chapter; (4) Create any new rights, causes of action, or theories on which liability may be based; or (5) Extend any existing statute of limitations except as specifically provided in subsection ( l ).
(1) Bar, limit, or replace any rights, obligations, or duties under a contract that provides for notice and opportunity to cure any construction defects. Those contractual provisions control, take precedence, and are in lieu of any obligation or right provided by this chapter;
(2) Bar or limit any rights, including the right of specific performance to the extent that right would be available in the absence of this chapter, any causes of action, or any theories on which liability may be based, except as specifically provided in this chapter;
(3) Bar or limit any defense, or create any new defense, except as specifically provided in this chapter;
(4) Create any new rights, causes of action, or theories on which liability may be based; or
(5) Extend any existing statute of limitations except as specifically provided in subsection ( l ).
Amended by 2020 Tenn. Acts, ch. 749, s 36, eff. 7/1/2020.
Acts 2004, ch. 741, § 4.
Tenn. Code Ann. § 66-23-107 — TN Code / Title 66 / Chapter 23 / Section 66-23-107
Testimony before foreign court - Proof of handwriting
Status: in_force

If the witnesses reside without the limits of the state, the party desiring the probate of the instrument may procure their testimony to be entered of record in any court of record having cognizance thereof or may prove the instrument by two (2) persons acquainted with the handwriting of the person who executed the same, before the clerk or deputy clerk of some county in Tennessee. Code 1858, §§ 2050, 2051 (deriv. Acts 1809 (Sept.), ch. 104; 1831, ch. 90, §10); Shan., §§ 3725, 3726; Code 1932, §§ 7640, 7641; T.C.A. (orig. ed.), § 64-2307.
If the witnesses reside without the limits of the state, the party desiring the probate of the instrument may procure their testimony to be entered of record in any court of record having cognizance thereof or may prove the instrument by two (2) persons acquainted with the handwriting of the person who executed the same, before the clerk or deputy clerk of some county in Tennessee.
Code 1858, §§ 2050, 2051 (deriv. Acts 1809 (Sept.), ch. 104; 1831, ch. 90, §10); Shan., §§ 3725, 3726; Code 1932, §§ 7640, 7641; T.C.A. (orig. ed.), § 64-2307.
Tenn. Code Ann. § 66-11-129 — TN Code / Title 66 / Chapter 11 / Section 66-11-129
Right of removal from lands of persons under disability
Status: in_force

The right of removal provided in § 66-11-128 shall apply on like terms and in like manner as in other cases of superior titles or liens, when the work was done by the prime contractor or remote contractor in excusable ignorance of the rights of such persons. Acts 1899, ch. 103, § 2; Shan., § 3534; mod. Code 1932, § 7921; T.C.A. (orig. ed.), § 64-1129; Acts 2007, ch. 189, § 28.
The right of removal provided in § 66-11-128 shall apply on like terms and in like manner as in other cases of superior titles or liens, when the work was done by the prime contractor or remote contractor in excusable ignorance of the rights of such persons.
Acts 1899, ch. 103, § 2; Shan., § 3534; mod. Code 1932, § 7921; T.C.A. (orig. ed.), § 64-1129; Acts 2007, ch. 189, § 28.
Tenn. Code Ann. § 66-27-309 — TN Code / Title 66 / Chapter 27 / Section 66-27-309
Plats and plans
Status: in_force

(a) Plats and plans are a part of the declaration. Separate plats and plans are not required by part 2, this part and parts 4 and 5 of this chapter if all the information required by this section is contained in either a plat or plan. Each plat and plan must be clear and legible and must contain all information required by this section. The plat or plan, or both, can be attached to the declaration and incorporated in the declaration, or it or they may be referenced in the declaration and recorded in a plat book at the appropriate register's office. In either event, the plat or plats, plan or plans, or both, shall be deemed acceptable for recording without further action if it or they comply with this section. Each plat or plan must be clear and legible and contain a certification that the plat or plan contains all information required by this section. (b) Each plat must show: (1) The name and a survey or general schematic map of the entire condominium; (2) The location and dimensions of all real estate not subject to development rights, or subject only to the development right to withdraw, and the location of all existing improvements within that real estate; (3) A legally sufficient description of any real estate subject to development rights, labeled to identify the rights applicable to each parcel; (4) The extent of any encroachments by or upon any portion of the condominium; (5) To the extent feasible, a legally sufficient description of all easements serving or burdening any portion of the condominium; (6) The location and dimensions of any vertical unit boundaries not shown or projected on plans recorded pursuant to subsection (d) and that unit's identifying number; (7) The location, with reference to an established datum, floor number, elevation, or other appropriate means of designation of any horizontal unit boundaries not shown or projected on plans recorded pursuant to subsection (d) and that unit's identifying number; (8) A legally sufficient description of any real estate in which the unit owners will own only an estate for years, labeled as "leasehold real estate"; (9) The distance between noncontiguous parcels of real estate comprising the condominium; and (10) Limited common elements, consisting of porches, balconies and patios. (c) A plat may also show the intended location and dimensions of any contemplated improvement to be constructed anywhere within the condominium. Any contemplated improvement shown must be built or labeled "NEED NOT BE BUILT". (d) To the extent not shown or projected on the plats or disclosed in the declaration, plans of the units must show or project: (1) The location and dimensions of the vertical boundaries of each unit, and that unit's identifying number; (2) Any horizontal unit boundaries, either by floor number, elevation, or other appropriate means of designation, and that unit's identifying number; and (3) To the extent not disclosed in the declaration, any units in which the declarant has reserved the right to create additional units or common elements pursuant to § 66-27-310(c) , identified appropriately. (e) Unless the declaration provides otherwise, the horizontal boundaries of part of a unit located outside of a building have the same elevation as the horizontal boundaries of the inside part, and need not be depicted on the plats and plans. (f) Upon exercising any development right, the declarant shall record either new plats and plans necessary to conform to the requirements of subsections (a), (b) and (d), or new certifications of plats and plans previously recorded if those plats and plans otherwise conform to the requirements of subsections (a), (b) and (d). (g) Any certification of a plat or plan required by this section must be made and signed in original by an independent, registered surveyor, architect or engineer, or combination of independent, registered surveyor, architect and engineer. Acts 2008, ch. 766, § 1.
(a) Plats and plans are a part of the declaration. Separate plats and plans are not required by part 2, this part and parts 4 and 5 of this chapter if all the information required by this section is contained in either a plat or plan. Each plat and plan must be clear and legible and must contain all information required by this section. The plat or plan, or both, can be attached to the declaration and incorporated in the declaration, or it or they may be referenced in the declaration and recorded in a plat book at the appropriate register's office. In either event, the plat or plats, plan or plans, or both, shall be deemed acceptable for recording without further action if it or they comply with this section. Each plat or plan must be clear and legible and contain a certification that the plat or plan contains all information required by this section.
(b) Each plat must show: (1) The name and a survey or general schematic map of the entire condominium; (2) The location and dimensions of all real estate not subject to development rights, or subject only to the development right to withdraw, and the location of all existing improvements within that real estate; (3) A legally sufficient description of any real estate subject to development rights, labeled to identify the rights applicable to each parcel; (4) The extent of any encroachments by or upon any portion of the condominium; (5) To the extent feasible, a legally sufficient description of all easements serving or burdening any portion of the condominium; (6) The location and dimensions of any vertical unit boundaries not shown or projected on plans recorded pursuant to subsection (d) and that unit's identifying number; (7) The location, with reference to an established datum, floor number, elevation, or other appropriate means of designation of any horizontal unit boundaries not shown or projected on plans recorded pursuant to subsection (d) and that unit's identifying number; (8) A legally sufficient description of any real estate in which the unit owners will own only an estate for years, labeled as "leasehold real estate"; (9) The distance between noncontiguous parcels of real estate comprising the condominium; and (10) Limited common elements, consisting of porches, balconies and patios.
(1) The name and a survey or general schematic map of the entire condominium;
(2) The location and dimensions of all real estate not subject to development rights, or subject only to the development right to withdraw, and the location of all existing improvements within that real estate;
(3) A legally sufficient description of any real estate subject to development rights, labeled to identify the rights applicable to each parcel;
(4) The extent of any encroachments by or upon any portion of the condominium;
(5) To the extent feasible, a legally sufficient description of all easements serving or burdening any portion of the condominium;
(6) The location and dimensions of any vertical unit boundaries not shown or projected on plans recorded pursuant to subsection (d) and that unit's identifying number;
(7) The location, with reference to an established datum, floor number, elevation, or other appropriate means of designation of any horizontal unit boundaries not shown or projected on plans recorded pursuant to subsection (d) and that unit's identifying number;
(8) A legally sufficient description of any real estate in which the unit owners will own only an estate for years, labeled as "leasehold real estate";
(9) The distance between noncontiguous parcels of real estate comprising the condominium; and
(10) Limited common elements, consisting of porches, balconies and patios.
(c) A plat may also show the intended location and dimensions of any contemplated improvement to be constructed anywhere within the condominium. Any contemplated improvement shown must be built or labeled "NEED NOT BE BUILT".
(d) To the extent not shown or projected on the plats or disclosed in the declaration, plans of the units must show or project: (1) The location and dimensions of the vertical boundaries of each unit, and that unit's identifying number; (2) Any horizontal unit boundaries, either by floor number, elevation, or other appropriate means of designation, and that unit's identifying number; and (3) To the extent not disclosed in the declaration, any units in which the declarant has reserved the right to create additional units or common elements pursuant to § 66-27-310(c) , identified appropriately.
(1) The location and dimensions of the vertical boundaries of each unit, and that unit's identifying number;
(2) Any horizontal unit boundaries, either by floor number, elevation, or other appropriate means of designation, and that unit's identifying number; and
(3) To the extent not disclosed in the declaration, any units in which the declarant has reserved the right to create additional units or common elements pursuant to § 66-27-310(c) , identified appropriately.
(e) Unless the declaration provides otherwise, the horizontal boundaries of part of a unit located outside of a building have the same elevation as the horizontal boundaries of the inside part, and need not be depicted on the plats and plans.
(f) Upon exercising any development right, the declarant shall record either new plats and plans necessary to conform to the requirements of subsections (a), (b) and (d), or new certifications of plats and plans previously recorded if those plats and plans otherwise conform to the requirements of subsections (a), (b) and (d).
(g) Any certification of a plat or plan required by this section must be made and signed in original by an independent, registered surveyor, architect or engineer, or combination of independent, registered surveyor, architect and engineer.
Acts 2008, ch. 766, § 1.
Tenn. Code Ann. § 66-29-109 — TN Code / Title 66 / Chapter 29 / Section 66-29-109
Presumption of abandonment of contents of safe deposit boxes
Status: in_force

(a) The following property related to safe deposit boxes is presumed abandoned: (1) Any surplus amount resulting from the sale or disposal of safe deposit contents by banking institutions under § 45-2-907 , if the proceeds cannot be credited to an existing customer account upon sale, and any unsold contents. Any credit of such proceeds to a customer account is not deemed to be account activity under § 66-29-113 ; and (2) For any person, other than a bank, savings and loan association, or savings bank, any funds or personal property removed from a safe deposit box, a safekeeping repository or agency, or a collateral deposit box as the result of the expiration or termination of a lease or rental period due to nonpayment of rental charges or for any other reason, and that have been unclaimed by the owner for more than two (2) years from the date on which the lease or rental period expired or terminated, including any surplus amount arising from the sale thereof, pursuant to law, that has been unclaimed by the owner for one (1) year. (b) Notwithstanding any other provision of law to the contrary, any military medal that is removed from a safe deposit box, a safekeeping repository or agency, or a collateral deposit box as a result of the expiration or termination of a lease or rental period due to nonpayment of rental charges or for any other reason, must not be sold or otherwise disposed of, and must be retained by the holder for the lessee of the box. If the military medal remains unclaimed by the lessee for more than one (1) year from the date the box is opened, the holder shall report such property to the state treasurer by November 1 of the subsequent calendar year. The report must comply with § 66-29-123 . The holder shall deliver, with the report, the military medal to the state treasurer for safekeeping in accordance with § 66-29-145 . Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017. Acts 1978, ch. 561, § 8; T.C.A., §§ 64-2908, 66-29-108; Acts 1984, ch. 544, § 5; 1986, ch. 539, § 15; 1993, ch. 195, § 6.
(a) The following property related to safe deposit boxes is presumed abandoned: (1) Any surplus amount resulting from the sale or disposal of safe deposit contents by banking institutions under § 45-2-907 , if the proceeds cannot be credited to an existing customer account upon sale, and any unsold contents. Any credit of such proceeds to a customer account is not deemed to be account activity under § 66-29-113 ; and (2) For any person, other than a bank, savings and loan association, or savings bank, any funds or personal property removed from a safe deposit box, a safekeeping repository or agency, or a collateral deposit box as the result of the expiration or termination of a lease or rental period due to nonpayment of rental charges or for any other reason, and that have been unclaimed by the owner for more than two (2) years from the date on which the lease or rental period expired or terminated, including any surplus amount arising from the sale thereof, pursuant to law, that has been unclaimed by the owner for one (1) year.
(1) Any surplus amount resulting from the sale or disposal of safe deposit contents by banking institutions under § 45-2-907 , if the proceeds cannot be credited to an existing customer account upon sale, and any unsold contents. Any credit of such proceeds to a customer account is not deemed to be account activity under § 66-29-113 ; and
(2) For any person, other than a bank, savings and loan association, or savings bank, any funds or personal property removed from a safe deposit box, a safekeeping repository or agency, or a collateral deposit box as the result of the expiration or termination of a lease or rental period due to nonpayment of rental charges or for any other reason, and that have been unclaimed by the owner for more than two (2) years from the date on which the lease or rental period expired or terminated, including any surplus amount arising from the sale thereof, pursuant to law, that has been unclaimed by the owner for one (1) year.
(b) Notwithstanding any other provision of law to the contrary, any military medal that is removed from a safe deposit box, a safekeeping repository or agency, or a collateral deposit box as a result of the expiration or termination of a lease or rental period due to nonpayment of rental charges or for any other reason, must not be sold or otherwise disposed of, and must be retained by the holder for the lessee of the box. If the military medal remains unclaimed by the lessee for more than one (1) year from the date the box is opened, the holder shall report such property to the state treasurer by November 1 of the subsequent calendar year. The report must comply with § 66-29-123 . The holder shall deliver, with the report, the military medal to the state treasurer for safekeeping in accordance with § 66-29-145 .
Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Acts 1978, ch. 561, § 8; T.C.A., §§ 64-2908, 66-29-108; Acts 1984, ch. 544, § 5; 1986, ch. 539, § 15; 1993, ch. 195, § 6.
Tenn. Code Ann. § 66-2-102 — TN Code / Title 66 / Chapter 2 / Section 66-2-102
Heirs or devisees of alien
Status: in_force

Except as provided in part 3 of this chapter, the heir or heirs, or devisee or devisees, of an alien, resident, or nonresident of the United States, may take lands, held by descent or otherwise, as if a citizen or citizens of the United States. Amended by 2023 Tenn. Acts, ch. 369, s 2, eff. 7/1/2023. Acts 1875, ch. 2, § 3; Shan., § 3660; mod. Code 1932, § 7188; T.C.A. (orig. ed.), § 64-202.
Except as provided in part 3 of this chapter, the heir or heirs, or devisee or devisees, of an alien, resident, or nonresident of the United States, may take lands, held by descent or otherwise, as if a citizen or citizens of the United States.
Amended by 2023 Tenn. Acts, ch. 369, s 2, eff. 7/1/2023.
Acts 1875, ch. 2, § 3; Shan., § 3660; mod. Code 1932, § 7188; T.C.A. (orig. ed.), § 64-202.
Tenn. Code Ann. § 66-18-101 — TN Code / Title 66 / Chapter 18 / Section 66-18-101
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Customer" means any individual or entity who causes or caused a molder to fabricate, cast or otherwise make a die, mold, form, or pattern or who provides a molder with a die, mold, form, or pattern to manufacture, assemble, cast, fabricate or otherwise make a product or products for a customer; and (2) "Molder" means any individual or entity who fabricates, casts, or otherwise makes or uses a die, mold, form, or pattern for the purpose of manufacturing, assembling, casting, fabricating, or otherwise making a product or products for a customer. "Molder" includes, but is not limited to, a tool or die maker. Acts 1999, ch. 106, § 2.
As used in this chapter, unless the context otherwise requires:
(1) "Customer" means any individual or entity who causes or caused a molder to fabricate, cast or otherwise make a die, mold, form, or pattern or who provides a molder with a die, mold, form, or pattern to manufacture, assemble, cast, fabricate or otherwise make a product or products for a customer; and
(2) "Molder" means any individual or entity who fabricates, casts, or otherwise makes or uses a die, mold, form, or pattern for the purpose of manufacturing, assembling, casting, fabricating, or otherwise making a product or products for a customer. "Molder" includes, but is not limited to, a tool or die maker.
Acts 1999, ch. 106, § 2.
Tenn. Code Ann. § 66-8-111 — TN Code / Title 66 / Chapter 8 / Section 66-8-111
Unauthorized increase of bid
Status: in_force

In no case shall the holder or claimant of the property increase such holder's or claimant's bid against the debtor, or any bona fide creditor offering to redeem the real estate, except as provided in § 66-8-110 . Code 1858, § 2132 (deriv. Acts 1842 (E.S.), ch. 6, § 9); Shan., §3819; Code 1932, § 7744; T.C.A. (orig. ed.), § 64-811.
In no case shall the holder or claimant of the property increase such holder's or claimant's bid against the debtor, or any bona fide creditor offering to redeem the real estate, except as provided in § 66-8-110 .
Code 1858, § 2132 (deriv. Acts 1842 (E.S.), ch. 6, § 9); Shan., §3819; Code 1932, § 7744; T.C.A. (orig. ed.), § 64-811.
Tenn. Code Ann. § 66-27-702 — TN Code / Title 66 / Chapter 27 / Section 66-27-702
Provision of voting record upon request
Status: in_force

A homeowners' association shall, upon written request from a member, provide a record of the votes cast in a vote to amend a declaration that prohibits or effectively prohibits the use of residential property as long-term rental property. The record must include the following: (1) The language of the ballot questions used; (2) Proof of mailing; (3) The number of members present at a meeting at which the vote is taken; (4) The total number of members of the homeowners' association; (5) The total number of votes that the governing body of the homeowners' association is entitled to cast; (6) The number of members required for a quorum; and (7) The final count of votes cast. Added by 2021 Tenn. Acts, ch. 151, s 1, eff. 5/1/2021.
A homeowners' association shall, upon written request from a member, provide a record of the votes cast in a vote to amend a declaration that prohibits or effectively prohibits the use of residential property as long-term rental property. The record must include the following:
(1) The language of the ballot questions used;
(2) Proof of mailing;
(3) The number of members present at a meeting at which the vote is taken;
(4) The total number of members of the homeowners' association;
(5) The total number of votes that the governing body of the homeowners' association is entitled to cast;
(6) The number of members required for a quorum; and
(7) The final count of votes cast.
Added by 2021 Tenn. Acts, ch. 151, s 1, eff. 5/1/2021.
Tenn. Code Ann. § 66-26-109 — TN Code / Title 66 / Chapter 26 / Section 66-26-109
Presumption as to powers of attorney after twenty years
Status: in_force

When a power or powers of attorney authorizing the sale or conveyance of real estate have been registered, whether with or without proper probate or acknowledgment, or any probate or acknowledgment at all, twenty (20) years or more in the register's office of the county where the real estate is situated, or, if the land lay within the Indian territory, then if registered in the register's office of any county in the state, such power or powers of attorney shall be deemed good and valid in law to pass the estate conveyed by the attorney or attorneys in fact; provided, that nothing contained in this section shall affect the rights of creditors or purchasers for valuable consideration, without notice. Acts 1859-1860, ch. 91, § 2; Shan., § 3765; Code 1932, §7676; T.C.A. (orig. ed.), § 64-2609.
When a power or powers of attorney authorizing the sale or conveyance of real estate have been registered, whether with or without proper probate or acknowledgment, or any probate or acknowledgment at all, twenty (20) years or more in the register's office of the county where the real estate is situated, or, if the land lay within the Indian territory, then if registered in the register's office of any county in the state, such power or powers of attorney shall be deemed good and valid in law to pass the estate conveyed by the attorney or attorneys in fact; provided, that nothing contained in this section shall affect the rights of creditors or purchasers for valuable consideration, without notice.
Acts 1859-1860, ch. 91, § 2; Shan., § 3765; Code 1932, §7676; T.C.A. (orig. ed.), § 64-2609.
Tenn. Code Ann. § 66-29-166 — TN Code / Title 66 / Chapter 29 / Section 66-29-166
Determination of liability for failure or refusal to pay or deliver property to treasurer
Status: in_force

If the treasurer determines from an examination conducted under § 66-29-157 that a putative holder has failed or refused to pay or deliver property to the treasurer which is reportable under this part, the treasurer shall issue a determination of the putative holder's liability with respect to the payment or delivery of property, and provide to the putative holder notice in a record of the determination. Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
If the treasurer determines from an examination conducted under § 66-29-157 that a putative holder has failed or refused to pay or deliver property to the treasurer which is reportable under this part, the treasurer shall issue a determination of the putative holder's liability with respect to the payment or delivery of property, and provide to the putative holder notice in a record of the determination.
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Tenn. Code Ann. § 66-29-102 — TN Code / Title 66 / Chapter 29 / Section 66-29-102
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Apparent owner" means a person whose name appears on the records of a holder as the owner of property held, issued, or owing by the holder; (2) "Business association" means a for-profit or nonprofit corporation, joint stock company, investment company other than an investment company registered under the Investment Company Act of 1940 ( 15 U.S.C. §§ 80a-1 et seq.), partnership, unincorporated association, joint venture, limited liability company, business trust, trust company, land bank, safe deposit company, safekeeping depository, financial organization, insurance company, federally chartered entity, utility, sole proprietorship, or other business entity; (3) "Confidential information" has the same meaning as described in § 66-29-178 ; (4) "Domicile" means: (A) For a corporation, the state of its incorporation; (B) For a business association, other than a corporation, whose formation requires a filing with a state, the state of its filing; (C) For a federally chartered entity or an investment company registered under the Investment Company Act of 1940, the state of its home office; and (D) For any other holder, the state of its principal place of business; (5) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities; (6) "Electronic mail" means any communication of information by electronic means that is automatically retained and stored and may be readily accessed or retrieved; (7) "Financial organization" means a savings and loan association, building and loan association, savings bank, industrial bank, bank, banking organization, or credit union; (8) "Game-related digital content" means digital content that exists only in an electronic game or electronic-game platform. "Game-related digital content": (A) Includes: (i) Game-play currency such as a virtual wallet, even if denominated in United States currency; and (ii) The following if for use or redemption only within that game or platform or another electronic game or electronic-game platform: (a) Points sometimes referred to as gems, tokens, gold, and similar names; and (b) Digital codes; and (B) Does not include an item that the issuer: (i) Permits to be redeemed for use outside of a game or platform for: (a) Money; or (b) Goods or services that have more than minimal value; or (ii) Otherwise monetizes for use outside of a game or platform; (9) "Gift card": (A) Means a stored-value card: (i) The value of which does not expire; (ii) That may be decreased in value only by redemption for merchandise, goods, or services; and (iii) That, unless required by law, must not be redeemed for or converted into money or otherwise monetized by the issuer; and (B) Includes a prepaid commercial mobile radio service, as that term is defined in 47 CFR 20.3 ; (10) "Holder" means a person obligated to hold for the account of, or to deliver or pay to, the owner of property that is subject to this part; (11) "Insurance company" means an insurer, not-for-profit hospital and medical corporation regulated under title 56, chapter 29, health maintenance organization, fraternal benefit society, or any person or entity required to obtain a certificate of authority or similar license from the department of commerce and insurance under title 56 in order to issue or enter into contracts of insurance in this state. "Insurance company" also includes any person or entity that has regulatory approval in its state of domicile to issue or enter into contracts of insurance and that would be required to obtain a certificate of authority or similar license from the department of commerce and insurance under title 56 if it issued or entered into contracts of insurance in this state; (12) "Local government" means any metropolitan government, municipality, or county located in this state; (13) "Loyalty card" means a record given without direct monetary consideration under an award, reward, benefit, loyalty, incentive, rebate, or promotional program that may be used or redeemed only to obtain goods or services or a discount on goods or services. "Loyalty card" does not include a record that may be redeemed for money or otherwise monetized by the issuer; (14) "Military medal" means any decoration or award that may be presented or awarded to a member of the armed forces of the United States or national guard; (15) "Mineral" means gas, oil, coal, oil shale, other gaseous liquid or solid hydrocarbon, cement material, sand and gravel, road material, building stone, chemical raw material, gemstone, fissionable and nonfissionable ores, colloidal and other clay, steam and other geothermal resources, and any other substance defined as a mineral by any other law of this state; (16) "Mineral proceeds" means an amount payable for extraction, production, or sale of minerals or, on the abandonment of the amount, the amount that becomes payable after abandonment. "Mineral proceeds" includes an amount payable: (A) For the acquisition and retention of a mineral lease, including, but not limited to, a bonus, royalty, compensatory royalty, shut-in royalty, minimum royalty, and delay rental; (B) For the extraction, production, or sale of minerals, including, but not limited to, a net revenue interest, royalty, overriding royalty, extraction payment, and production payment; and (C) Under an agreement or option, including, but not limited to, a joint operating agreement, unit agreement, pooling agreement, and farm out agreement; (17) "Money order" means a payment order for a specified amount of money and includes, but is not limited to, an express money order and a personal money order on which the remitter is the purchaser; (18) "Municipal bond" means a bond of evidence of indebtedness issued by a municipality or other political subdivision of a state; (19) "Net card value" means the original purchase price or original issued value of a stored-value card, plus amounts added to its original value and minus amounts used and any service charge, fee, or dormancy charge permitted by law; (20) "Non-freely transferable security" means a security that cannot be delivered to the treasurer by the Depository Trust & Clearing Corporation or a similar custodian of securities providing post-trade clearing and settlement services to financial markets, or that cannot be delivered because there is no agent to effect transfer. "Non-freely transferable security" includes a worthless security; (21) "Owner" means a person who has a legal, beneficial, or equitable interest in property subject to this part or the person's legal representative when acting on behalf of the owner. "Owner" includes: (A) A depositor, for a deposit; (B) A beneficiary, for a trust other than a deposit in trust; (C) A creditor, claimant, or payee, for other property; and (D) The lawful bearer of a record that may be used to obtain money, a reward, or a thing of value; (22) "Payroll card" means a record that evidences a payroll card account, as that term is defined in 12 CFR 1005.2 ; (23) "Person" means an individual, estate, business association, public corporation, government or governmental subdivision, agency, instrumentality, or other legal entity; (24) "Property" means tangible property described in §§ 66-29-109 , 30-2-702 , and 31-6-107 or a fixed and certain interest in intangible property held, issued, or owed in the course of a holder's business or by a government, governmental subdivision, agency, or instrumentality. "Property": (A) Includes all income from or increments to the property; (B) Includes property referred to as or evidenced by: (i) Money, virtual currency, interest, dividend, check, draft, deposit, or payroll card; (ii) A credit balance, customer's overpayment, stored-value card, security deposit, refund, credit memorandum, unpaid wage, unused ticket for which the issuer has an obligation to provide a refund, mineral proceeds, or an unidentified remittance; (iii) A security, other than: (a) A worthless security; or (b) A security that is subject to a lien, legal hold, or restriction evidenced on the records of the holder or imposed by operation of law, and that restricts the holder's or owner's ability to lawfully receive, transfer, sell, or otherwise negotiate the security; (iv) A bond, debenture, note, or other evidence of indebtedness; (v) Money deposited to redeem a security, make a distribution, or pay a dividend; (vi) An amount that has become due and payable by an insurance company in accordance with the terms of the applicable contract or as otherwise determined by this part; (vii) An amount distributable from a trust or custodial fund established under a plan to provide health, welfare, pension, vacation, severance, retirement, death, stock purchase, profit sharing, employee savings, supplemental unemployment insurance, or similar benefits; and (C) Does not include: (i) Game-related digital content; (ii) A loyalty card; (iii) An in-store credit for returned merchandise; (iv) A gift card; or (v) A transit fare card; (25) "Putative holder" means a person believed by the treasurer to be a holder, until the person pays or delivers to the treasurer property subject to this part or until a final determination is made that the person is a holder; (26) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; (27) "Security" means: (A) A security interest, as that term is defined in § 47-1-201 ; or (B) A security entitlement, as that term is defined in § 47-8-102 , including, but not limited to, a customer security account held by a registered broker-dealer, to the extent that the financial assets held in the security account are not registered on the books of the issuer in the name of, payable to the order of, or specifically endorsed to, the person for whom the broker-dealer holds the assets; (28) "Sign" means, with present intent to authenticate or adopt a record: (A) To execute or adopt a tangible symbol; or (B) To attach to or logically associate with the record an electronic symbol, sound, or process; (29) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States; (30) "Stored-value card": (A) Means a record evidencing a promise made for consideration by the seller or issuer of the record that goods, services, or money will be provided to the owner of the record equal to the value or amount shown in the record; (B) Includes: (i) A record that contains or consists of a microprocessor chip, magnetic strip, or other means for the storage of information, which is prefunded and whose value or amount is decreased on each use and increased by payment of additional consideration; and (ii) A payroll card; and (C) Does not include a loyalty card, transit fare card, gift card, or game-related digital content; (31) "Transit fare card" means any pass or instrument purchased to utilize public transportation facilities or services; (32) "Treasurer" means the state treasurer; (33) "Treasurer's agent" means a person with whom the treasurer contracts to conduct an examination under § 66-29-157 on behalf of the treasurer and an independent contractor of the person. "Treasurer's agent" includes each individual participating in the examination on behalf of the person or contractor; (34) "Utility" means a person that owns or operates for public use a plant, equipment, real property, franchise, or license for the following public services: (A) The transmission of communications or information; (B) The production, storage, transmission, sale, delivery, or furnishing of electricity, water, steam, or gas; or (C) The provision of sewage and septic services, trash or garbage services, or recycling disposal; (35) "Virtual currency" means a digital representation of value used as a medium of exchange, unit of account, or a store of value that is not recognized by the United States as legal tender. "Virtual currency" does not include: (A) The software or protocols governing the transfer of the digital representation of value; (B) Game-related digital content; or (C) A loyalty card or gift card; and (36) "Worthless security" means a security whose cost of liquidation and delivery would exceed the value of the security on the date a report is due under this part. Amended by 2019 Tenn. Acts, ch. 11,Secs.s1, s2, s3 eff. 3/13/2019. Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017. Acts 1978, ch. 561, § 2; T.C.A., § 64-2902; Acts 1985, ch. 401, § 1; 2011, ch. 285, § 1.
As used in this part, unless the context otherwise requires:
(1) "Apparent owner" means a person whose name appears on the records of a holder as the owner of property held, issued, or owing by the holder;
(2) "Business association" means a for-profit or nonprofit corporation, joint stock company, investment company other than an investment company registered under the Investment Company Act of 1940 ( 15 U.S.C. §§ 80a-1 et seq.), partnership, unincorporated association, joint venture, limited liability company, business trust, trust company, land bank, safe deposit company, safekeeping depository, financial organization, insurance company, federally chartered entity, utility, sole proprietorship, or other business entity;
(3) "Confidential information" has the same meaning as described in § 66-29-178 ;
(4) "Domicile" means: (A) For a corporation, the state of its incorporation; (B) For a business association, other than a corporation, whose formation requires a filing with a state, the state of its filing; (C) For a federally chartered entity or an investment company registered under the Investment Company Act of 1940, the state of its home office; and (D) For any other holder, the state of its principal place of business;
(A) For a corporation, the state of its incorporation;
(B) For a business association, other than a corporation, whose formation requires a filing with a state, the state of its filing;
(C) For a federally chartered entity or an investment company registered under the Investment Company Act of 1940, the state of its home office; and
(D) For any other holder, the state of its principal place of business;
(5) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities;
(6) "Electronic mail" means any communication of information by electronic means that is automatically retained and stored and may be readily accessed or retrieved;
(7) "Financial organization" means a savings and loan association, building and loan association, savings bank, industrial bank, bank, banking organization, or credit union;
(8) "Game-related digital content" means digital content that exists only in an electronic game or electronic-game platform. "Game-related digital content": (A) Includes: (i) Game-play currency such as a virtual wallet, even if denominated in United States currency; and (ii) The following if for use or redemption only within that game or platform or another electronic game or electronic-game platform: (a) Points sometimes referred to as gems, tokens, gold, and similar names; and (b) Digital codes; and (B) Does not include an item that the issuer: (i) Permits to be redeemed for use outside of a game or platform for: (a) Money; or (b) Goods or services that have more than minimal value; or (ii) Otherwise monetizes for use outside of a game or platform;
(A) Includes: (i) Game-play currency such as a virtual wallet, even if denominated in United States currency; and (ii) The following if for use or redemption only within that game or platform or another electronic game or electronic-game platform: (a) Points sometimes referred to as gems, tokens, gold, and similar names; and (b) Digital codes; and
(i) Game-play currency such as a virtual wallet, even if denominated in United States currency; and
(ii) The following if for use or redemption only within that game or platform or another electronic game or electronic-game platform: (a) Points sometimes referred to as gems, tokens, gold, and similar names; and (b) Digital codes; and
(a) Points sometimes referred to as gems, tokens, gold, and similar names; and
(b) Digital codes; and
(B) Does not include an item that the issuer: (i) Permits to be redeemed for use outside of a game or platform for: (a) Money; or (b) Goods or services that have more than minimal value; or (ii) Otherwise monetizes for use outside of a game or platform;
(i) Permits to be redeemed for use outside of a game or platform for: (a) Money; or (b) Goods or services that have more than minimal value; or
(a) Money; or
(b) Goods or services that have more than minimal value; or
(ii) Otherwise monetizes for use outside of a game or platform;
(9) "Gift card": (A) Means a stored-value card: (i) The value of which does not expire; (ii) That may be decreased in value only by redemption for merchandise, goods, or services; and (iii) That, unless required by law, must not be redeemed for or converted into money or otherwise monetized by the issuer; and (B) Includes a prepaid commercial mobile radio service, as that term is defined in 47 CFR 20.3 ;
(A) Means a stored-value card: (i) The value of which does not expire; (ii) That may be decreased in value only by redemption for merchandise, goods, or services; and (iii) That, unless required by law, must not be redeemed for or converted into money or otherwise monetized by the issuer; and
(i) The value of which does not expire;
(ii) That may be decreased in value only by redemption for merchandise, goods, or services; and
(iii) That, unless required by law, must not be redeemed for or converted into money or otherwise monetized by the issuer; and
(B) Includes a prepaid commercial mobile radio service, as that term is defined in 47 CFR 20.3 ;
(10) "Holder" means a person obligated to hold for the account of, or to deliver or pay to, the owner of property that is subject to this part;
(11) "Insurance company" means an insurer, not-for-profit hospital and medical corporation regulated under title 56, chapter 29, health maintenance organization, fraternal benefit society, or any person or entity required to obtain a certificate of authority or similar license from the department of commerce and insurance under title 56 in order to issue or enter into contracts of insurance in this state. "Insurance company" also includes any person or entity that has regulatory approval in its state of domicile to issue or enter into contracts of insurance and that would be required to obtain a certificate of authority or similar license from the department of commerce and insurance under title 56 if it issued or entered into contracts of insurance in this state;
(12) "Local government" means any metropolitan government, municipality, or county located in this state;
(13) "Loyalty card" means a record given without direct monetary consideration under an award, reward, benefit, loyalty, incentive, rebate, or promotional program that may be used or redeemed only to obtain goods or services or a discount on goods or services. "Loyalty card" does not include a record that may be redeemed for money or otherwise monetized by the issuer;
(14) "Military medal" means any decoration or award that may be presented or awarded to a member of the armed forces of the United States or national guard;
(15) "Mineral" means gas, oil, coal, oil shale, other gaseous liquid or solid hydrocarbon, cement material, sand and gravel, road material, building stone, chemical raw material, gemstone, fissionable and nonfissionable ores, colloidal and other clay, steam and other geothermal resources, and any other substance defined as a mineral by any other law of this state;
(16) "Mineral proceeds" means an amount payable for extraction, production, or sale of minerals or, on the abandonment of the amount, the amount that becomes payable after abandonment. "Mineral proceeds" includes an amount payable: (A) For the acquisition and retention of a mineral lease, including, but not limited to, a bonus, royalty, compensatory royalty, shut-in royalty, minimum royalty, and delay rental; (B) For the extraction, production, or sale of minerals, including, but not limited to, a net revenue interest, royalty, overriding royalty, extraction payment, and production payment; and (C) Under an agreement or option, including, but not limited to, a joint operating agreement, unit agreement, pooling agreement, and farm out agreement;
(A) For the acquisition and retention of a mineral lease, including, but not limited to, a bonus, royalty, compensatory royalty, shut-in royalty, minimum royalty, and delay rental;
(B) For the extraction, production, or sale of minerals, including, but not limited to, a net revenue interest, royalty, overriding royalty, extraction payment, and production payment; and
(C) Under an agreement or option, including, but not limited to, a joint operating agreement, unit agreement, pooling agreement, and farm out agreement;
(17) "Money order" means a payment order for a specified amount of money and includes, but is not limited to, an express money order and a personal money order on which the remitter is the purchaser;
(18) "Municipal bond" means a bond of evidence of indebtedness issued by a municipality or other political subdivision of a state;
(19) "Net card value" means the original purchase price or original issued value of a stored-value card, plus amounts added to its original value and minus amounts used and any service charge, fee, or dormancy charge permitted by law;
(20) "Non-freely transferable security" means a security that cannot be delivered to the treasurer by the Depository Trust & Clearing Corporation or a similar custodian of securities providing post-trade clearing and settlement services to financial markets, or that cannot be delivered because there is no agent to effect transfer. "Non-freely transferable security" includes a worthless security;
(21) "Owner" means a person who has a legal, beneficial, or equitable interest in property subject to this part or the person's legal representative when acting on behalf of the owner. "Owner" includes: (A) A depositor, for a deposit; (B) A beneficiary, for a trust other than a deposit in trust; (C) A creditor, claimant, or payee, for other property; and (D) The lawful bearer of a record that may be used to obtain money, a reward, or a thing of value;
(A) A depositor, for a deposit;
(B) A beneficiary, for a trust other than a deposit in trust;
(C) A creditor, claimant, or payee, for other property; and
(D) The lawful bearer of a record that may be used to obtain money, a reward, or a thing of value;
(22) "Payroll card" means a record that evidences a payroll card account, as that term is defined in 12 CFR 1005.2 ;
(23) "Person" means an individual, estate, business association, public corporation, government or governmental subdivision, agency, instrumentality, or other legal entity;
(24) "Property" means tangible property described in §§ 66-29-109 , 30-2-702 , and 31-6-107 or a fixed and certain interest in intangible property held, issued, or owed in the course of a holder's business or by a government, governmental subdivision, agency, or instrumentality. "Property": (A) Includes all income from or increments to the property; (B) Includes property referred to as or evidenced by: (i) Money, virtual currency, interest, dividend, check, draft, deposit, or payroll card; (ii) A credit balance, customer's overpayment, stored-value card, security deposit, refund, credit memorandum, unpaid wage, unused ticket for which the issuer has an obligation to provide a refund, mineral proceeds, or an unidentified remittance; (iii) A security, other than: (a) A worthless security; or (b) A security that is subject to a lien, legal hold, or restriction evidenced on the records of the holder or imposed by operation of law, and that restricts the holder's or owner's ability to lawfully receive, transfer, sell, or otherwise negotiate the security; (iv) A bond, debenture, note, or other evidence of indebtedness; (v) Money deposited to redeem a security, make a distribution, or pay a dividend; (vi) An amount that has become due and payable by an insurance company in accordance with the terms of the applicable contract or as otherwise determined by this part; (vii) An amount distributable from a trust or custodial fund established under a plan to provide health, welfare, pension, vacation, severance, retirement, death, stock purchase, profit sharing, employee savings, supplemental unemployment insurance, or similar benefits; and (C) Does not include: (i) Game-related digital content; (ii) A loyalty card; (iii) An in-store credit for returned merchandise; (iv) A gift card; or (v) A transit fare card;
(A) Includes all income from or increments to the property;
(B) Includes property referred to as or evidenced by: (i) Money, virtual currency, interest, dividend, check, draft, deposit, or payroll card; (ii) A credit balance, customer's overpayment, stored-value card, security deposit, refund, credit memorandum, unpaid wage, unused ticket for which the issuer has an obligation to provide a refund, mineral proceeds, or an unidentified remittance; (iii) A security, other than: (a) A worthless security; or (b) A security that is subject to a lien, legal hold, or restriction evidenced on the records of the holder or imposed by operation of law, and that restricts the holder's or owner's ability to lawfully receive, transfer, sell, or otherwise negotiate the security; (iv) A bond, debenture, note, or other evidence of indebtedness; (v) Money deposited to redeem a security, make a distribution, or pay a dividend; (vi) An amount that has become due and payable by an insurance company in accordance with the terms of the applicable contract or as otherwise determined by this part; (vii) An amount distributable from a trust or custodial fund established under a plan to provide health, welfare, pension, vacation, severance, retirement, death, stock purchase, profit sharing, employee savings, supplemental unemployment insurance, or similar benefits; and
(i) Money, virtual currency, interest, dividend, check, draft, deposit, or payroll card;
(ii) A credit balance, customer's overpayment, stored-value card, security deposit, refund, credit memorandum, unpaid wage, unused ticket for which the issuer has an obligation to provide a refund, mineral proceeds, or an unidentified remittance;
(iii) A security, other than: (a) A worthless security; or (b) A security that is subject to a lien, legal hold, or restriction evidenced on the records of the holder or imposed by operation of law, and that restricts the holder's or owner's ability to lawfully receive, transfer, sell, or otherwise negotiate the security;
(a) A worthless security; or
(b) A security that is subject to a lien, legal hold, or restriction evidenced on the records of the holder or imposed by operation of law, and that restricts the holder's or owner's ability to lawfully receive, transfer, sell, or otherwise negotiate the security;
(iv) A bond, debenture, note, or other evidence of indebtedness;
(v) Money deposited to redeem a security, make a distribution, or pay a dividend;
(vi) An amount that has become due and payable by an insurance company in accordance with the terms of the applicable contract or as otherwise determined by this part;
(vii) An amount distributable from a trust or custodial fund established under a plan to provide health, welfare, pension, vacation, severance, retirement, death, stock purchase, profit sharing, employee savings, supplemental unemployment insurance, or similar benefits; and
(C) Does not include: (i) Game-related digital content; (ii) A loyalty card; (iii) An in-store credit for returned merchandise; (iv) A gift card; or (v) A transit fare card;
(i) Game-related digital content;
(ii) A loyalty card;
(iii) An in-store credit for returned merchandise;
(iv) A gift card; or
(v) A transit fare card;
(25) "Putative holder" means a person believed by the treasurer to be a holder, until the person pays or delivers to the treasurer property subject to this part or until a final determination is made that the person is a holder;
(26) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;
(27) "Security" means: (A) A security interest, as that term is defined in § 47-1-201 ; or (B) A security entitlement, as that term is defined in § 47-8-102 , including, but not limited to, a customer security account held by a registered broker-dealer, to the extent that the financial assets held in the security account are not registered on the books of the issuer in the name of, payable to the order of, or specifically endorsed to, the person for whom the broker-dealer holds the assets;
(A) A security interest, as that term is defined in § 47-1-201 ; or
(B) A security entitlement, as that term is defined in § 47-8-102 , including, but not limited to, a customer security account held by a registered broker-dealer, to the extent that the financial assets held in the security account are not registered on the books of the issuer in the name of, payable to the order of, or specifically endorsed to, the person for whom the broker-dealer holds the assets;
(28) "Sign" means, with present intent to authenticate or adopt a record: (A) To execute or adopt a tangible symbol; or (B) To attach to or logically associate with the record an electronic symbol, sound, or process;
(A) To execute or adopt a tangible symbol; or
(B) To attach to or logically associate with the record an electronic symbol, sound, or process;
(29) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States;
(30) "Stored-value card": (A) Means a record evidencing a promise made for consideration by the seller or issuer of the record that goods, services, or money will be provided to the owner of the record equal to the value or amount shown in the record; (B) Includes: (i) A record that contains or consists of a microprocessor chip, magnetic strip, or other means for the storage of information, which is prefunded and whose value or amount is decreased on each use and increased by payment of additional consideration; and (ii) A payroll card; and (C) Does not include a loyalty card, transit fare card, gift card, or game-related digital content;
(A) Means a record evidencing a promise made for consideration by the seller or issuer of the record that goods, services, or money will be provided to the owner of the record equal to the value or amount shown in the record;
(B) Includes: (i) A record that contains or consists of a microprocessor chip, magnetic strip, or other means for the storage of information, which is prefunded and whose value or amount is decreased on each use and increased by payment of additional consideration; and (ii) A payroll card; and
(i) A record that contains or consists of a microprocessor chip, magnetic strip, or other means for the storage of information, which is prefunded and whose value or amount is decreased on each use and increased by payment of additional consideration; and
(ii) A payroll card; and
(C) Does not include a loyalty card, transit fare card, gift card, or game-related digital content;
(31) "Transit fare card" means any pass or instrument purchased to utilize public transportation facilities or services;
(32) "Treasurer" means the state treasurer;
(33) "Treasurer's agent" means a person with whom the treasurer contracts to conduct an examination under § 66-29-157 on behalf of the treasurer and an independent contractor of the person. "Treasurer's agent" includes each individual participating in the examination on behalf of the person or contractor;
(34) "Utility" means a person that owns or operates for public use a plant, equipment, real property, franchise, or license for the following public services: (A) The transmission of communications or information; (B) The production, storage, transmission, sale, delivery, or furnishing of electricity, water, steam, or gas; or (C) The provision of sewage and septic services, trash or garbage services, or recycling disposal;
(A) The transmission of communications or information;
(B) The production, storage, transmission, sale, delivery, or furnishing of electricity, water, steam, or gas; or
(C) The provision of sewage and septic services, trash or garbage services, or recycling disposal;
(35) "Virtual currency" means a digital representation of value used as a medium of exchange, unit of account, or a store of value that is not recognized by the United States as legal tender. "Virtual currency" does not include: (A) The software or protocols governing the transfer of the digital representation of value; (B) Game-related digital content; or (C) A loyalty card or gift card; and
(A) The software or protocols governing the transfer of the digital representation of value;
(B) Game-related digital content; or
(C) A loyalty card or gift card; and
(36) "Worthless security" means a security whose cost of liquidation and delivery would exceed the value of the security on the date a report is due under this part.
Amended by 2019 Tenn. Acts, ch. 11,Secs.s1, s2, s3 eff. 3/13/2019.
Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Acts 1978, ch. 561, § 2; T.C.A., § 64-2902; Acts 1985, ch. 401, § 1; 2011, ch. 285, § 1.
Tenn. Code Ann. § 66-11-143 — TN Code / Title 66 / Chapter 11 / Section 66-11-143
Protection from unrecorded lien claims - Notice of completion - Expiration of lien rights - Form of notice of completion
Status: in_force

(a) In order to be protected from lien claims that have not previously been recorded, as provided in § 66-11-111 or § 66-11-112 , the owner or purchaser of improved real property or their agent or attorney may, upon the completion of the improvement, record in the office of the register of deeds in the county where the real property or any affected part of the real property is located a notice of completion, or the owner or purchaser may require a person or organization with whom the owner or purchaser has contracted for the improvement to do so upon the completion of the improvement, and the owner or purchaser of improved real property or any other authorized party shall simultaneously serve a copy of any notice of completion recorded with the register of deeds on the prime contractor; provided, however, that no copy of the notice of completion is required to be served on any prime contractor when the owner, or an entity controlled by the owner, also acts as the general contractor, as defined in § 66-11-146(b)(1) , in furtherance of the improvement to the property. If a prime contractor is entitled to be served with a copy of any notice of completion recorded with the register of deeds, then the lien rights of the prime contractor not so served a copy shall not be affected by the notice of completion. (b) The notice of completion shall contain the following: (1) The legal name of the owner or owners of the real property; (2) The name of the prime contractor or prime contractors; (3) The location and description of the real property; (4) Date of the completion of the improvement; (5) A statement that a transfer of ownership of all or a part of the real property or an interest in the real property and encumbrance on the real property, or a settlement of the claims of parties entitled to the benefits of this part, will take place not less than ten (10) days after the date of the recording of the notice of completion; provided, that the ten-day expiration for lien claimants shall only apply to contracts for improvement to or on real property, for one-family, two-family, three-family and four-family residential units. On all other contracts for improvement to or on real property, the expiration time for lien claimants shall be thirty (30) days after the date of the recording of the notice of completion in the register's office; (6) The name and address of the person, firm, or organization on which parties entitled to the benefits of this chapter may serve notice of claim; (7) Acknowledgment by the person filing the notice, or by that person's agent or attorney; and (8) The name and address of the preparer of the instrument in compliance with § 66-24-115 . (c) The register of deeds shall make a permanent record of all notices of completion filed in the office of the register and the records shall be available for public examination. The register of deeds shall be entitled to the fees, provided in § 8-21-1001 , for the register's services in receiving and maintaining notices of completion required in this section. (d) If a remote contractor has served a required notice of nonpayment pursuant to § 66-11-145 , then any party recording a notice of completion shall simultaneously serve a copy of the notice of completion on the remote contractor. The remote contractor shall have thirty (30) days from the date of the recording of the notice of completion to serve a written notice in response to the notice of completion in accordance with subsection (e). The lien rights of a remote contractor that has not been served a copy, shall not be affected by the notice of completion. (e) (1) Any prime contractor or remote contractor claiming a lien under this chapter on the property described in the notice of completion, who has not previously registered the person's contract as provided in § 66-11-111 or registered a sworn statement as provided in § 66-11-112 and served a copy of the registration to the owner, shall serve written notice, addressed to the person, firm or organization and at the address designated in the notice of completion for receiving notice of claim, stating the amount of the claim and certifying that the claim does not include any amount owed to the claimant on any other job or under any other contract. (2) (A) For improvements to or on real property for one-family, two-family, three-family and four-family residential units, the written notice shall be served not more than ten (10) days from the date of the recording of the notice of completion in the register's office, and if notice is not served within that time, the lien rights of the claimant shall expire. (B) For all other contracts for improvements to or on real property, the written notice shall be served not more than thirty (30) days from the date of the recording of the notice of completion in the register's office, and if notice is not served within that time, the lien rights of the claimant shall expire. (f) Any notice of completion recorded as provided in this section before the completion of the improvement or the demolition is void and of no effect whatsoever. (g) The notice of completion may be in substantially the following form: This Instrument prepared by: Name ____________________ Address ____________________ ____________________ NOTICE OF COMPLETION Legal name of owner or owners of the real property: ______________ Names of all applicable prime contractors: ______________ The location and description of the real property: ______________ ______________ ______________ ______________ Date of completion of the entire improvement: ______________ A transfer of ownership of all or part of the real property or an interest therein and encumbrance thereon or a settlement of the claims of parties entitled to the benefits of Title 66, Chapter 11 of the Tennessee Code Annotated will take place not less than ten (10) days after the date of the recording of this Notice of Completion; provided, that the ten-day expiration for lien claimants shall only apply to contracts for improvements to or on real property for one-family, two-family, three-family, and four-family residential units. On all other contracts for improvement to or on real property, the expiration time for lien claimants shall be thirty (30) days after the date of the recording of this Notice of Completion. The name and address of the person, firm, or organization on which parties entitled to the benefits of Title 66, Chapter 11, may serve notice is as follows: Name: ______________ Street Address: ______________ City: ______________ State: ______________ Zip Code: ____________________ Dated this the ____________________ day of ____________________, 20____________________ Signature ____________________ (Check One) ______________, Owner ______________, Purchaser ______________, Prime Contractor [Notary Acknowledgment] Acts 1975, ch. 307, §§ 1-3; T.C.A., §§ 64-1145 -- 64-1147; Acts 1985, ch. 83, § 1; 1990, ch. 854, § 6; 2007 , ch. 189, § 42; 2008 , ch. 811, §§ 1-4.
(a) In order to be protected from lien claims that have not previously been recorded, as provided in § 66-11-111 or § 66-11-112 , the owner or purchaser of improved real property or their agent or attorney may, upon the completion of the improvement, record in the office of the register of deeds in the county where the real property or any affected part of the real property is located a notice of completion, or the owner or purchaser may require a person or organization with whom the owner or purchaser has contracted for the improvement to do so upon the completion of the improvement, and the owner or purchaser of improved real property or any other authorized party shall simultaneously serve a copy of any notice of completion recorded with the register of deeds on the prime contractor; provided, however, that no copy of the notice of completion is required to be served on any prime contractor when the owner, or an entity controlled by the owner, also acts as the general contractor, as defined in § 66-11-146(b)(1) , in furtherance of the improvement to the property. If a prime contractor is entitled to be served with a copy of any notice of completion recorded with the register of deeds, then the lien rights of the prime contractor not so served a copy shall not be affected by the notice of completion.
(b) The notice of completion shall contain the following: (1) The legal name of the owner or owners of the real property; (2) The name of the prime contractor or prime contractors; (3) The location and description of the real property; (4) Date of the completion of the improvement; (5) A statement that a transfer of ownership of all or a part of the real property or an interest in the real property and encumbrance on the real property, or a settlement of the claims of parties entitled to the benefits of this part, will take place not less than ten (10) days after the date of the recording of the notice of completion; provided, that the ten-day expiration for lien claimants shall only apply to contracts for improvement to or on real property, for one-family, two-family, three-family and four-family residential units. On all other contracts for improvement to or on real property, the expiration time for lien claimants shall be thirty (30) days after the date of the recording of the notice of completion in the register's office; (6) The name and address of the person, firm, or organization on which parties entitled to the benefits of this chapter may serve notice of claim; (7) Acknowledgment by the person filing the notice, or by that person's agent or attorney; and (8) The name and address of the preparer of the instrument in compliance with § 66-24-115 .
(1) The legal name of the owner or owners of the real property;
(2) The name of the prime contractor or prime contractors;
(3) The location and description of the real property;
(4) Date of the completion of the improvement;
(5) A statement that a transfer of ownership of all or a part of the real property or an interest in the real property and encumbrance on the real property, or a settlement of the claims of parties entitled to the benefits of this part, will take place not less than ten (10) days after the date of the recording of the notice of completion; provided, that the ten-day expiration for lien claimants shall only apply to contracts for improvement to or on real property, for one-family, two-family, three-family and four-family residential units. On all other contracts for improvement to or on real property, the expiration time for lien claimants shall be thirty (30) days after the date of the recording of the notice of completion in the register's office;
(6) The name and address of the person, firm, or organization on which parties entitled to the benefits of this chapter may serve notice of claim;
(7) Acknowledgment by the person filing the notice, or by that person's agent or attorney; and
(8) The name and address of the preparer of the instrument in compliance with § 66-24-115 .
(c) The register of deeds shall make a permanent record of all notices of completion filed in the office of the register and the records shall be available for public examination. The register of deeds shall be entitled to the fees, provided in § 8-21-1001 , for the register's services in receiving and maintaining notices of completion required in this section.
(d) If a remote contractor has served a required notice of nonpayment pursuant to § 66-11-145 , then any party recording a notice of completion shall simultaneously serve a copy of the notice of completion on the remote contractor. The remote contractor shall have thirty (30) days from the date of the recording of the notice of completion to serve a written notice in response to the notice of completion in accordance with subsection (e). The lien rights of a remote contractor that has not been served a copy, shall not be affected by the notice of completion.
(e) (1) Any prime contractor or remote contractor claiming a lien under this chapter on the property described in the notice of completion, who has not previously registered the person's contract as provided in § 66-11-111 or registered a sworn statement as provided in § 66-11-112 and served a copy of the registration to the owner, shall serve written notice, addressed to the person, firm or organization and at the address designated in the notice of completion for receiving notice of claim, stating the amount of the claim and certifying that the claim does not include any amount owed to the claimant on any other job or under any other contract. (2) (A) For improvements to or on real property for one-family, two-family, three-family and four-family residential units, the written notice shall be served not more than ten (10) days from the date of the recording of the notice of completion in the register's office, and if notice is not served within that time, the lien rights of the claimant shall expire. (B) For all other contracts for improvements to or on real property, the written notice shall be served not more than thirty (30) days from the date of the recording of the notice of completion in the register's office, and if notice is not served within that time, the lien rights of the claimant shall expire.
(1) Any prime contractor or remote contractor claiming a lien under this chapter on the property described in the notice of completion, who has not previously registered the person's contract as provided in § 66-11-111 or registered a sworn statement as provided in § 66-11-112 and served a copy of the registration to the owner, shall serve written notice, addressed to the person, firm or organization and at the address designated in the notice of completion for receiving notice of claim, stating the amount of the claim and certifying that the claim does not include any amount owed to the claimant on any other job or under any other contract.
(2) (A) For improvements to or on real property for one-family, two-family, three-family and four-family residential units, the written notice shall be served not more than ten (10) days from the date of the recording of the notice of completion in the register's office, and if notice is not served within that time, the lien rights of the claimant shall expire. (B) For all other contracts for improvements to or on real property, the written notice shall be served not more than thirty (30) days from the date of the recording of the notice of completion in the register's office, and if notice is not served within that time, the lien rights of the claimant shall expire.
(A) For improvements to or on real property for one-family, two-family, three-family and four-family residential units, the written notice shall be served not more than ten (10) days from the date of the recording of the notice of completion in the register's office, and if notice is not served within that time, the lien rights of the claimant shall expire.
(B) For all other contracts for improvements to or on real property, the written notice shall be served not more than thirty (30) days from the date of the recording of the notice of completion in the register's office, and if notice is not served within that time, the lien rights of the claimant shall expire.
(f) Any notice of completion recorded as provided in this section before the completion of the improvement or the demolition is void and of no effect whatsoever.
(g) The notice of completion may be in substantially the following form: This Instrument prepared by: Name ____________________ Address ____________________ ____________________ NOTICE OF COMPLETION Legal name of owner or owners of the real property: ______________ Names of all applicable prime contractors: ______________ The location and description of the real property: ______________ ______________ ______________ ______________ Date of completion of the entire improvement: ______________ A transfer of ownership of all or part of the real property or an interest therein and encumbrance thereon or a settlement of the claims of parties entitled to the benefits of Title 66, Chapter 11 of the Tennessee Code Annotated will take place not less than ten (10) days after the date of the recording of this Notice of Completion; provided, that the ten-day expiration for lien claimants shall only apply to contracts for improvements to or on real property for one-family, two-family, three-family, and four-family residential units. On all other contracts for improvement to or on real property, the expiration time for lien claimants shall be thirty (30) days after the date of the recording of this Notice of Completion. The name and address of the person, firm, or organization on which parties entitled to the benefits of Title 66, Chapter 11, may serve notice is as follows: Name: ______________ Street Address: ______________ City: ______________ State: ______________ Zip Code: ____________________ Dated this the ____________________ day of ____________________, 20____________________ Signature ____________________ (Check One) ______________, Owner ______________, Purchaser ______________, Prime Contractor [Notary Acknowledgment]
This Instrument prepared by:
Name ____________________
Address ____________________
____________________
NOTICE OF COMPLETION
Legal name of owner or owners of the real property:
______________
Names of all applicable prime contractors:
______________
The location and description of the real property:
______________
Date of completion of the entire improvement:
______________
A transfer of ownership of all or part of the real property or an interest therein and encumbrance thereon or a settlement of the claims of parties entitled to the benefits of Title 66, Chapter 11 of the Tennessee Code Annotated will take place not less than ten (10) days after the date of the recording of this Notice of Completion; provided, that the ten-day expiration for lien claimants shall only apply to contracts for improvements to or on real property for one-family, two-family, three-family, and four-family residential units. On all other contracts for improvement to or on real property, the expiration time for lien claimants shall be thirty (30) days after the date of the recording of this Notice of Completion. The name and address of the person, firm, or organization on which parties entitled to the benefits of Title 66, Chapter 11, may serve notice is as follows:
Name: ______________
Street Address: ______________
City: ______________
State: ______________ Zip Code: ____________________
Dated this the ____________________ day of ____________________, 20____________________
Signature ____________________
(Check One)
______________, Owner
______________, Purchaser
______________, Prime Contractor
[Notary Acknowledgment]
Acts 1975, ch. 307, §§ 1-3; T.C.A., §§ 64-1145 -- 64-1147; Acts 1985, ch. 83, § 1; 1990, ch. 854, § 6; 2007 , ch. 189, § 42; 2008 , ch. 811, §§ 1-4.
Tenn. Code Ann. § 66-27-322 — TN Code / Title 66 / Chapter 27 / Section 66-27-322
Submission of a unit to an additional declaration
Status: in_force

(a) A unit may be submitted to an additional declaration creating a new condominium if the submittal is permitted by the declaration creating the unit. (b) The submission of a unit to an additional declaration shall not be deemed a subdivision of a unit under § 66-27-313 . (c) Upon the submittal of a unit to an additional declaration, the following shall apply: (1) The appurtenant interest of the unit in the common elements shall be allocated to the units created under the additional declaration pursuant to the terms of the additional declaration; (2) The association under the additional declaration shall pay all assessments due with respect to the unit submitted to an additional declaration and may exercise any of the rights that may be exercised by the owner of the unit; (3) The lien for assessments in favor of the association created under the original declaration shall not attach to any unit created under an additional declaration if the owner of the unit has paid the unit's share of the assessment to either the association created under the original declaration or to the association created under the additional declaration; (4) The units created under an additional declaration shall be subject to the terms and conditions of the original declaration, as it may be supplemented by the additional declaration; and (5) Members of the board of directors of the association created under the original declaration may be elected in any of the following ways specified in the original declaration: (A) All unit owners of units created under the original declaration shall elect all members of the board of directors and the vote of any unit subject to an additional declaration shall be cast by a representative of the association created under the additional declaration; (B) The board of directors of any association created under an additional declaration may elect specified members of the board of directors under the original declaration; (C) Specified members of the board of directors or specified officers of the association created by the additional declaration may be deemed elected as specified members of the board of directors under the original declaration; or (D) Any other manner provided in the original declaration permitted under the laws applicable to nonprofit corporations. (d) Any unit created by submitting a unit to an additional declaration may be further submitted to an additional declaration subject to this section if permitted pursuant to all declarations applicable to the unit. Acts 2008, ch. 766, § 1.
(a) A unit may be submitted to an additional declaration creating a new condominium if the submittal is permitted by the declaration creating the unit.
(b) The submission of a unit to an additional declaration shall not be deemed a subdivision of a unit under § 66-27-313 .
(c) Upon the submittal of a unit to an additional declaration, the following shall apply: (1) The appurtenant interest of the unit in the common elements shall be allocated to the units created under the additional declaration pursuant to the terms of the additional declaration; (2) The association under the additional declaration shall pay all assessments due with respect to the unit submitted to an additional declaration and may exercise any of the rights that may be exercised by the owner of the unit; (3) The lien for assessments in favor of the association created under the original declaration shall not attach to any unit created under an additional declaration if the owner of the unit has paid the unit's share of the assessment to either the association created under the original declaration or to the association created under the additional declaration; (4) The units created under an additional declaration shall be subject to the terms and conditions of the original declaration, as it may be supplemented by the additional declaration; and (5) Members of the board of directors of the association created under the original declaration may be elected in any of the following ways specified in the original declaration: (A) All unit owners of units created under the original declaration shall elect all members of the board of directors and the vote of any unit subject to an additional declaration shall be cast by a representative of the association created under the additional declaration; (B) The board of directors of any association created under an additional declaration may elect specified members of the board of directors under the original declaration; (C) Specified members of the board of directors or specified officers of the association created by the additional declaration may be deemed elected as specified members of the board of directors under the original declaration; or (D) Any other manner provided in the original declaration permitted under the laws applicable to nonprofit corporations.
(1) The appurtenant interest of the unit in the common elements shall be allocated to the units created under the additional declaration pursuant to the terms of the additional declaration;
(2) The association under the additional declaration shall pay all assessments due with respect to the unit submitted to an additional declaration and may exercise any of the rights that may be exercised by the owner of the unit;
(3) The lien for assessments in favor of the association created under the original declaration shall not attach to any unit created under an additional declaration if the owner of the unit has paid the unit's share of the assessment to either the association created under the original declaration or to the association created under the additional declaration;
(4) The units created under an additional declaration shall be subject to the terms and conditions of the original declaration, as it may be supplemented by the additional declaration; and
(5) Members of the board of directors of the association created under the original declaration may be elected in any of the following ways specified in the original declaration: (A) All unit owners of units created under the original declaration shall elect all members of the board of directors and the vote of any unit subject to an additional declaration shall be cast by a representative of the association created under the additional declaration; (B) The board of directors of any association created under an additional declaration may elect specified members of the board of directors under the original declaration; (C) Specified members of the board of directors or specified officers of the association created by the additional declaration may be deemed elected as specified members of the board of directors under the original declaration; or (D) Any other manner provided in the original declaration permitted under the laws applicable to nonprofit corporations.
(A) All unit owners of units created under the original declaration shall elect all members of the board of directors and the vote of any unit subject to an additional declaration shall be cast by a representative of the association created under the additional declaration;
(B) The board of directors of any association created under an additional declaration may elect specified members of the board of directors under the original declaration;
(C) Specified members of the board of directors or specified officers of the association created by the additional declaration may be deemed elected as specified members of the board of directors under the original declaration; or
(D) Any other manner provided in the original declaration permitted under the laws applicable to nonprofit corporations.
(d) Any unit created by submitting a unit to an additional declaration may be further submitted to an additional declaration subject to this section if permitted pursuant to all declarations applicable to the unit.
Acts 2008, ch. 766, § 1.
Tenn. Code Ann. § 66-23-115 — TN Code / Title 66 / Chapter 23 / Section 66-23-115
Proof by handwriting of maker or witnesses
Status: in_force

If the person executing the instrument is dead, or resides or is beyond the limits of the United States and its territories, and the subscribing witnesses are dead, or have become insane or blind, or deaf or hard of hearing, since they became subscribing witnesses, or they cannot be found, then the instrument may be proven for registration before any of the officers mentioned in § 66-23-101 , by any two (2) persons acquainted with the handwriting of such maker or such witnesses. Amended by 2022 Tenn. Acts, ch. 642, s 1, eff. 3/11/2022. Acts 1869-1870, ch. 122, § 2; Shan., § 3732; Code 1932, §7647; T.C.A. (orig. ed.), § 64-2315.
If the person executing the instrument is dead, or resides or is beyond the limits of the United States and its territories, and the subscribing witnesses are dead, or have become insane or blind, or deaf or hard of hearing, since they became subscribing witnesses, or they cannot be found, then the instrument may be proven for registration before any of the officers mentioned in § 66-23-101 , by any two (2) persons acquainted with the handwriting of such maker or such witnesses.
Amended by 2022 Tenn. Acts, ch. 642, s 1, eff. 3/11/2022.
Acts 1869-1870, ch. 122, § 2; Shan., § 3732; Code 1932, §7647; T.C.A. (orig. ed.), § 64-2315.
Tenn. Code Ann. § 66-29-154 — TN Code / Title 66 / Chapter 29 / Section 66-29-154
Payment or delivery of property or proceeds of sale of property - Claim for debt owed by owner to state
Status: in_force

(a) Not later than thirty (30) days after a claim is approved by the treasurer under § 66-29-153 , the treasurer shall pay or deliver to the owner the property or the net proceeds from a sale of the property, together with dividends, interest, or other increments to which the owner is entitled under § 66-29-137 . On request of the owner, the treasurer may sell or liquidate a security and pay the net proceeds to the owner, regardless of whether the security has been held by the treasurer for less than thirty-two (32) months or the treasurer has not complied with the notice requirements under § 66-29-142 . (b) Property held by the treasurer is subject to a claim for the payment of an enforceable debt that the owner owes in this state for: (1) Child support arrearages, including child support collection costs and child support arrearages that are combined with amounts for maintenance; (2) A civil or criminal fine or penalty, court costs, a surcharge, or restitution imposed by a final order of an administrative agency or court; or (3) State and local taxes, penalties, and interest that have been determined to be delinquent, or for which notice has been recorded with the applicable taxing authority. (c) The treasurer may make periodic inquiries with state and local agencies in the absence of a claim filed under § 66-29-152 to determine whether apparent owners included in the unclaimed property records of this state have enforceable debts described in subsection (b). The treasurer shall apply the property or net proceeds from a sale of property held by the treasurer to a debt under subsection (b) of an apparent owner who appears in the records of the treasurer and deliver the amount to the appropriate state or local agency. The treasurer shall notify the apparent owner of the payment. (d) Before delivery or payment to an owner under subsection (a) of property or net proceeds from a sale of property, the treasurer shall apply the property or net proceeds to a debt under subsection (b) that the treasurer has determined is owed by the owner. The treasurer shall pay the amount to the appropriate state or local agency and notify the owner of the payment. Amended by 2020 Tenn. Acts, ch. 718, s 2, eff. 6/22/2020. Amended by 2017 Tenn. Acts, ch. 457, s 1, eff. 7/1/2017. Acts 2008 , ch. 937, § 1.
(a) Not later than thirty (30) days after a claim is approved by the treasurer under § 66-29-153 , the treasurer shall pay or deliver to the owner the property or the net proceeds from a sale of the property, together with dividends, interest, or other increments to which the owner is entitled under § 66-29-137 . On request of the owner, the treasurer may sell or liquidate a security and pay the net proceeds to the owner, regardless of whether the security has been held by the treasurer for less than thirty-two (32) months or the treasurer has not complied with the notice requirements under § 66-29-142 .
(b) Property held by the treasurer is subject to a claim for the payment of an enforceable debt that the owner owes in this state for: (1) Child support arrearages, including child support collection costs and child support arrearages that are combined with amounts for maintenance; (2) A civil or criminal fine or penalty, court costs, a surcharge, or restitution imposed by a final order of an administrative agency or court; or (3) State and local taxes, penalties, and interest that have been determined to be delinquent, or for which notice has been recorded with the applicable taxing authority.
(1) Child support arrearages, including child support collection costs and child support arrearages that are combined with amounts for maintenance;
(2) A civil or criminal fine or penalty, court costs, a surcharge, or restitution imposed by a final order of an administrative agency or court; or
(3) State and local taxes, penalties, and interest that have been determined to be delinquent, or for which notice has been recorded with the applicable taxing authority.
(c) The treasurer may make periodic inquiries with state and local agencies in the absence of a claim filed under § 66-29-152 to determine whether apparent owners included in the unclaimed property records of this state have enforceable debts described in subsection (b). The treasurer shall apply the property or net proceeds from a sale of property held by the treasurer to a debt under subsection (b) of an apparent owner who appears in the records of the treasurer and deliver the amount to the appropriate state or local agency. The treasurer shall notify the apparent owner of the payment.
(d) Before delivery or payment to an owner under subsection (a) of property or net proceeds from a sale of property, the treasurer shall apply the property or net proceeds to a debt under subsection (b) that the treasurer has determined is owed by the owner. The treasurer shall pay the amount to the appropriate state or local agency and notify the owner of the payment.
Amended by 2020 Tenn. Acts, ch. 718, s 2, eff. 6/22/2020.
Amended by 2017 Tenn. Acts, ch. 457, s 1, eff. 7/1/2017.
Acts 2008 , ch. 937, § 1.
Tenn. Code Ann. § 66-5-213 — TN Code / Title 66 / Chapter 5 / Section 66-5-213
Disclosure requirement where property is located in a planned unit development
Status: in_force

(a) As used in this section, unless the context otherwise requires: (1) "Bylaws" mean guidelines for the operation of a homeowner's association that define the duties of the various offices of the board of directors, the terms of the directors, the membership's voting rights, required meetings and notices of meetings and the principal office of the association, as well as other specific items that are necessary to run the homeowner's association as a business; (2) "Planned unit development (PUD)" means an area of land, controlled by one (1) or more landowners, to be developed under unified control or unified plan of development for a number of dwelling units, commercial, educational, recreational or industrial uses, or any combination of these, the plan for which does not correspond in lot size, bulk or type of use, density, lot coverage, open space or other restrictions to the existing land use regulations; and (3) "Restrictive covenant" means any written provision that places limitations or conditions on some aspect of use of the property, such as size, location or height of structures, materials to be used in structure exterior, activities carried out on the property or restrictions on future subdivision or land development. (b) In addition to any other disclosures required in this part with regard to transfers described in § 66-5-201 , the owner of the residential property shall, prior to entering a contract with a buyer, disclose in the contract itself or in writing, including acknowledgement, if the property is located in a PUD, and make available to the buyer a copy of the development's restrictive covenants, homeowner bylaws and master deed upon request. Acts 2009, ch. 112, § 1.
(a) As used in this section, unless the context otherwise requires: (1) "Bylaws" mean guidelines for the operation of a homeowner's association that define the duties of the various offices of the board of directors, the terms of the directors, the membership's voting rights, required meetings and notices of meetings and the principal office of the association, as well as other specific items that are necessary to run the homeowner's association as a business; (2) "Planned unit development (PUD)" means an area of land, controlled by one (1) or more landowners, to be developed under unified control or unified plan of development for a number of dwelling units, commercial, educational, recreational or industrial uses, or any combination of these, the plan for which does not correspond in lot size, bulk or type of use, density, lot coverage, open space or other restrictions to the existing land use regulations; and (3) "Restrictive covenant" means any written provision that places limitations or conditions on some aspect of use of the property, such as size, location or height of structures, materials to be used in structure exterior, activities carried out on the property or restrictions on future subdivision or land development.
(1) "Bylaws" mean guidelines for the operation of a homeowner's association that define the duties of the various offices of the board of directors, the terms of the directors, the membership's voting rights, required meetings and notices of meetings and the principal office of the association, as well as other specific items that are necessary to run the homeowner's association as a business;
(2) "Planned unit development (PUD)" means an area of land, controlled by one (1) or more landowners, to be developed under unified control or unified plan of development for a number of dwelling units, commercial, educational, recreational or industrial uses, or any combination of these, the plan for which does not correspond in lot size, bulk or type of use, density, lot coverage, open space or other restrictions to the existing land use regulations; and
(3) "Restrictive covenant" means any written provision that places limitations or conditions on some aspect of use of the property, such as size, location or height of structures, materials to be used in structure exterior, activities carried out on the property or restrictions on future subdivision or land development.
(b) In addition to any other disclosures required in this part with regard to transfers described in § 66-5-201 , the owner of the residential property shall, prior to entering a contract with a buyer, disclose in the contract itself or in writing, including acknowledgement, if the property is located in a PUD, and make available to the buyer a copy of the development's restrictive covenants, homeowner bylaws and master deed upon request.
Acts 2009, ch. 112, § 1.
Tenn. Code Ann. § 66-2-202 — TN Code / Title 66 / Chapter 2 / Section 66-2-202
Title in trustees
Status: in_force

All lands bought or otherwise acquired by any religious denomination or society shall be vested in a board of trustees or other persons designated by the members of such denomination or society, for the use and benefit of the denomination or society. Code 1858, § 1509 (deriv. Acts 1855-1856, ch. 79, § 1); Shan., § 2563; Code 1932, § 4408; T.C.A. (orig. ed.), § 64-204.
All lands bought or otherwise acquired by any religious denomination or society shall be vested in a board of trustees or other persons designated by the members of such denomination or society, for the use and benefit of the denomination or society.
Code 1858, § 1509 (deriv. Acts 1855-1856, ch. 79, § 1); Shan., § 2563; Code 1932, § 4408; T.C.A. (orig. ed.), § 64-204.
Tenn. Code Ann. § 66-29-167 — TN Code / Title 66 / Chapter 29 / Section 66-29-167
Informal conference to review determination of liability
Status: in_force

(a) Not later than thirty (30) days after receipt of a notice of determination of liability under § 66-29-166 a putative holder may request an informal conference with the treasurer to review the determination. The treasurer may designate an employee to act on behalf of the treasurer for all purposes of this section. (b) If a putative holder makes a timely request under subsection (a) for an informal conference: (1) The treasurer shall set a place and time for the conference not later than twenty (20) days after the date of the request, unless the putative holder and the treasurer mutually agree upon a later date; (2) The treasurer shall give the putative holder notice of the time and place of the conference; (3) The conference may be held in person, by telephone, or by electronic means, as determined by the treasurer; (4) The conference may be postponed, adjourned, and reconvened as the treasurer determines appropriate; (5) The treasurer, or the treasurer's designee with the approval of the treasurer, may modify a determination made under § 66-29-166 in part or withdraw it in its entirety; and (6) The treasurer shall issue a decision in a record and provide a copy of the record to the putative holder and examiner not later than twenty (20) days after the conference ends unless the putative holder and the treasurer mutually agree to continue the conference. (c) A conference under subsection (b) is not an administrative remedy and is not a contested case subject to title 4, chapter 5. An oath is not required and rules of evidence do not apply in the conference. (d) At a conference under subsection (b), the putative holder must be given an opportunity to confer informally with the treasurer and the person who examined the records of the putative holder to: (1) Discuss the determination made under § 66-29-166 ; and (2) Present any issue the putative holder wishes to raise concerning the validity of the determination. (e) If the treasurer fails to act within a period prescribed in subsection (b), the failure does not affect a right of the treasurer, except that interest does not accrue on the amount for which the holder was determined to be liable under § 66-29-166 during the period in which the treasurer failed to act until the earlier of: (1) The date the putative holder files an action under § 66-29-169 ; or (2) If no action is filed under § 66-29-169 , the conclusion of the ninety-day period for filing an action under § 66-29-169 . (f) The treasurer may hold an informal conference with the putative holder without a request at any time before a putative holder files suit under § 66-29-169 . (g) Penalties under §§ 66-29-173 and 66-29-174 continue to accrue for property not reported, paid, or delivered as required by this part following the initiation and during the pendency of an informal conference under this section. Added by 2017 Tenn. Acts, ch. 457, s 1, eff. 7/1/2017.
(a) Not later than thirty (30) days after receipt of a notice of determination of liability under § 66-29-166 a putative holder may request an informal conference with the treasurer to review the determination. The treasurer may designate an employee to act on behalf of the treasurer for all purposes of this section.
(b) If a putative holder makes a timely request under subsection (a) for an informal conference: (1) The treasurer shall set a place and time for the conference not later than twenty (20) days after the date of the request, unless the putative holder and the treasurer mutually agree upon a later date; (2) The treasurer shall give the putative holder notice of the time and place of the conference; (3) The conference may be held in person, by telephone, or by electronic means, as determined by the treasurer; (4) The conference may be postponed, adjourned, and reconvened as the treasurer determines appropriate; (5) The treasurer, or the treasurer's designee with the approval of the treasurer, may modify a determination made under § 66-29-166 in part or withdraw it in its entirety; and (6) The treasurer shall issue a decision in a record and provide a copy of the record to the putative holder and examiner not later than twenty (20) days after the conference ends unless the putative holder and the treasurer mutually agree to continue the conference.
(1) The treasurer shall set a place and time for the conference not later than twenty (20) days after the date of the request, unless the putative holder and the treasurer mutually agree upon a later date;
(2) The treasurer shall give the putative holder notice of the time and place of the conference;
(3) The conference may be held in person, by telephone, or by electronic means, as determined by the treasurer;
(4) The conference may be postponed, adjourned, and reconvened as the treasurer determines appropriate;
(5) The treasurer, or the treasurer's designee with the approval of the treasurer, may modify a determination made under § 66-29-166 in part or withdraw it in its entirety; and
(6) The treasurer shall issue a decision in a record and provide a copy of the record to the putative holder and examiner not later than twenty (20) days after the conference ends unless the putative holder and the treasurer mutually agree to continue the conference.
(c) A conference under subsection (b) is not an administrative remedy and is not a contested case subject to title 4, chapter 5. An oath is not required and rules of evidence do not apply in the conference.
(d) At a conference under subsection (b), the putative holder must be given an opportunity to confer informally with the treasurer and the person who examined the records of the putative holder to: (1) Discuss the determination made under § 66-29-166 ; and (2) Present any issue the putative holder wishes to raise concerning the validity of the determination.
(1) Discuss the determination made under § 66-29-166 ; and
(2) Present any issue the putative holder wishes to raise concerning the validity of the determination.
(e) If the treasurer fails to act within a period prescribed in subsection (b), the failure does not affect a right of the treasurer, except that interest does not accrue on the amount for which the holder was determined to be liable under § 66-29-166 during the period in which the treasurer failed to act until the earlier of: (1) The date the putative holder files an action under § 66-29-169 ; or (2) If no action is filed under § 66-29-169 , the conclusion of the ninety-day period for filing an action under § 66-29-169 .
(1) The date the putative holder files an action under § 66-29-169 ; or
(2) If no action is filed under § 66-29-169 , the conclusion of the ninety-day period for filing an action under § 66-29-169 .
(f) The treasurer may hold an informal conference with the putative holder without a request at any time before a putative holder files suit under § 66-29-169 .
(g) Penalties under §§ 66-29-173 and 66-29-174 continue to accrue for property not reported, paid, or delivered as required by this part following the initiation and during the pendency of an informal conference under this section.
Added by 2017 Tenn. Acts, ch. 457, s 1, eff. 7/1/2017.
Tenn. Code Ann. § 66-29-114 — TN Code / Title 66 / Chapter 29 / Section 66-29-114
Knowledge of death of insured or annuitant
Status: in_force

(a) As used in this section, "death master file" means the federal social security administration death master file or other database or service that is at least as comprehensive as the death master file for determining that a person reportedly has died. (b) With respect to a life or endowment insurance policy or annuity contract for which an amount is owed on proof of death, but which has not matured by proof of death of the insured or annuitant, the company has knowledge of the death of an insured or annuitant when: (1) The company receives a death certificate or a court order determining that the insured or annuitant has died; (2) Due diligence performed to maintain contact with the insured or annuitant, or to determine whether the insured or annuitant has died, results in validation of the death of the insured or annuitant; (3) A comparison is conducted by the company for any purpose between a death master file and the names of some or all of the company's insureds or annuitants, and a match is found providing notice that the insured or annuitant has died and the company validates the death; (4) A comparison is conducted by the treasurer or the treasurer's agent for the purpose of finding matches during an examination conducted under § 66-29-157 between a death master file and the names of some or all of the company's insureds or annuitants, and a match is found providing notice that the insured or annuitant has died and the company validates the death; or (5) The company: (A) Receives notice of the death of the insured or annuitant from an administrator, beneficiary, policy owner, relative of the insured, or trustee, or from a personal representative, executor, or other legal representative of the insured's or annuitant's estate; and (B) Validates the death of the insured or annuitant. (c) The following provisions apply to a death master file comparison under subdivisions (b)(3) and (4): (1) A death master file match occurs if the criteria for a match are satisfied as provided by the Unclaimed Life Insurance Benefits Act, compiled in title 56, chapter 7, part 34; (2) A death master file match does not constitute proof of death for purposes of submission of a claim by a beneficiary, annuitant, or owner of the policy or contract to an insurance company for amounts due under an insurance policy or annuity contract; (3) A death master file match under subdivision (b)(3) or (b)(4), or validation of the insured's or annuitant's death, does not alter the requirements for a beneficiary, annuitant, or owner of the policy or contract to make a claim to receive proceeds under the terms of the policy or contract; and (4) In the event a death master file match occurs, the insurance company that has a potential obligation as a result of the death of the insured or annuitant shall comply with the requirements of § 56-7-3404(b) upon discovering the match. (d) This part does not affect the determination of the extent to which an insurance company before July 1, 2017 had knowledge of the death of an insured or annuitant, or was required to conduct a death master file comparison, or the determination of the extent to which the treasurer or the treasurer's agent before July 1, 2017 was authorized to conduct a comparison for the purpose of finding matches during an examination under § 66-29-157 , and to determine whether amounts owed by the company on a life or endowment insurance policy or annuity contract were presumed abandoned or unclaimed. An insurance company shall comply with, and the treasurer or the treasurer's agent may conduct an examination to ensure compliance with, the requirements of § 56-7-3404 . Amended by 2017 Tenn. Acts, ch. 457, s 1, eff. 7/1/2017. Acts 1978, ch. 561, § 14; 1980, ch. 448, §§ 1, 5; T.C.A., § 64-2914; Acts 1983, ch. 78, §§ 1-3; 1993, ch. 195, §§ 13, 14, 15, 16; 2010 , ch. 791, § 1.
(a) As used in this section, "death master file" means the federal social security administration death master file or other database or service that is at least as comprehensive as the death master file for determining that a person reportedly has died.
(b) With respect to a life or endowment insurance policy or annuity contract for which an amount is owed on proof of death, but which has not matured by proof of death of the insured or annuitant, the company has knowledge of the death of an insured or annuitant when: (1) The company receives a death certificate or a court order determining that the insured or annuitant has died; (2) Due diligence performed to maintain contact with the insured or annuitant, or to determine whether the insured or annuitant has died, results in validation of the death of the insured or annuitant; (3) A comparison is conducted by the company for any purpose between a death master file and the names of some or all of the company's insureds or annuitants, and a match is found providing notice that the insured or annuitant has died and the company validates the death; (4) A comparison is conducted by the treasurer or the treasurer's agent for the purpose of finding matches during an examination conducted under § 66-29-157 between a death master file and the names of some or all of the company's insureds or annuitants, and a match is found providing notice that the insured or annuitant has died and the company validates the death; or (5) The company: (A) Receives notice of the death of the insured or annuitant from an administrator, beneficiary, policy owner, relative of the insured, or trustee, or from a personal representative, executor, or other legal representative of the insured's or annuitant's estate; and (B) Validates the death of the insured or annuitant.
(1) The company receives a death certificate or a court order determining that the insured or annuitant has died;
(2) Due diligence performed to maintain contact with the insured or annuitant, or to determine whether the insured or annuitant has died, results in validation of the death of the insured or annuitant;
(3) A comparison is conducted by the company for any purpose between a death master file and the names of some or all of the company's insureds or annuitants, and a match is found providing notice that the insured or annuitant has died and the company validates the death;
(4) A comparison is conducted by the treasurer or the treasurer's agent for the purpose of finding matches during an examination conducted under § 66-29-157 between a death master file and the names of some or all of the company's insureds or annuitants, and a match is found providing notice that the insured or annuitant has died and the company validates the death; or
(5) The company: (A) Receives notice of the death of the insured or annuitant from an administrator, beneficiary, policy owner, relative of the insured, or trustee, or from a personal representative, executor, or other legal representative of the insured's or annuitant's estate; and (B) Validates the death of the insured or annuitant.
(A) Receives notice of the death of the insured or annuitant from an administrator, beneficiary, policy owner, relative of the insured, or trustee, or from a personal representative, executor, or other legal representative of the insured's or annuitant's estate; and
(B) Validates the death of the insured or annuitant.
(c) The following provisions apply to a death master file comparison under subdivisions (b)(3) and (4): (1) A death master file match occurs if the criteria for a match are satisfied as provided by the Unclaimed Life Insurance Benefits Act, compiled in title 56, chapter 7, part 34; (2) A death master file match does not constitute proof of death for purposes of submission of a claim by a beneficiary, annuitant, or owner of the policy or contract to an insurance company for amounts due under an insurance policy or annuity contract; (3) A death master file match under subdivision (b)(3) or (b)(4), or validation of the insured's or annuitant's death, does not alter the requirements for a beneficiary, annuitant, or owner of the policy or contract to make a claim to receive proceeds under the terms of the policy or contract; and (4) In the event a death master file match occurs, the insurance company that has a potential obligation as a result of the death of the insured or annuitant shall comply with the requirements of § 56-7-3404(b) upon discovering the match.
(1) A death master file match occurs if the criteria for a match are satisfied as provided by the Unclaimed Life Insurance Benefits Act, compiled in title 56, chapter 7, part 34;
(2) A death master file match does not constitute proof of death for purposes of submission of a claim by a beneficiary, annuitant, or owner of the policy or contract to an insurance company for amounts due under an insurance policy or annuity contract;
(3) A death master file match under subdivision (b)(3) or (b)(4), or validation of the insured's or annuitant's death, does not alter the requirements for a beneficiary, annuitant, or owner of the policy or contract to make a claim to receive proceeds under the terms of the policy or contract; and
(4) In the event a death master file match occurs, the insurance company that has a potential obligation as a result of the death of the insured or annuitant shall comply with the requirements of § 56-7-3404(b) upon discovering the match.
(d) This part does not affect the determination of the extent to which an insurance company before July 1, 2017 had knowledge of the death of an insured or annuitant, or was required to conduct a death master file comparison, or the determination of the extent to which the treasurer or the treasurer's agent before July 1, 2017 was authorized to conduct a comparison for the purpose of finding matches during an examination under § 66-29-157 , and to determine whether amounts owed by the company on a life or endowment insurance policy or annuity contract were presumed abandoned or unclaimed. An insurance company shall comply with, and the treasurer or the treasurer's agent may conduct an examination to ensure compliance with, the requirements of § 56-7-3404 .
Amended by 2017 Tenn. Acts, ch. 457, s 1, eff. 7/1/2017.
Acts 1978, ch. 561, § 14; 1980, ch. 448, §§ 1, 5; T.C.A., § 64-2914; Acts 1983, ch. 78, §§ 1-3; 1993, ch. 195, §§ 13, 14, 15, 16; 2010 , ch. 791, § 1.
Tenn. Code Ann. § 66-27-507 — TN Code / Title 66 / Chapter 27 / Section 66-27-507
Conversion buildings
Status: in_force

(a) A declarant of a condominium containing conversion buildings, who offers units in the condominium, shall give each of the residential tenants and any residential subtenant in possession of a portion of a conversion building notice of the conversion no later than sixty (60) days before the tenants and any subtenant in possession are required to vacate. The notice must set forth generally the rights of tenants and subtenants under this section and shall be hand-delivered to the unit or mailed by prepaid United States mail to the tenant and subtenant at the address of the unit or any other mailing address provided by a tenant. No tenant or subtenant may be required to vacate upon less than sixty (60) days notice, except by reason of nonpayment of rent, waste, conduct that disturbs other tenants' peaceful enjoyment of the premises, unlawful conduct, or other breach of a written lease, and the terms of the tenancy may not be altered during that period. Failure to give notice as required by this section is a defense to an action for possession. (b) Nothing in this section permits termination of a lease by a declarant in violation of its terms. Acts 2008, ch. 766, § 1.
(a) A declarant of a condominium containing conversion buildings, who offers units in the condominium, shall give each of the residential tenants and any residential subtenant in possession of a portion of a conversion building notice of the conversion no later than sixty (60) days before the tenants and any subtenant in possession are required to vacate. The notice must set forth generally the rights of tenants and subtenants under this section and shall be hand-delivered to the unit or mailed by prepaid United States mail to the tenant and subtenant at the address of the unit or any other mailing address provided by a tenant. No tenant or subtenant may be required to vacate upon less than sixty (60) days notice, except by reason of nonpayment of rent, waste, conduct that disturbs other tenants' peaceful enjoyment of the premises, unlawful conduct, or other breach of a written lease, and the terms of the tenancy may not be altered during that period. Failure to give notice as required by this section is a defense to an action for possession.
(b) Nothing in this section permits termination of a lease by a declarant in violation of its terms.
Acts 2008, ch. 766, § 1.
Tenn. Code Ann. § 66-26-103 — TN Code / Title 66 / Chapter 26 / Section 66-26-103
Unregistered instruments void as to creditors and bona fide purchasers
Status: in_force

Any instruments not so registered, or noted for registration, shall be null and void as to existing or subsequent creditors of, or bona fide purchasers from, the makers without notice. Code 1858, § 2075 (deriv. Acts 1831, ch. 90, § 12; 1841-1842, ch. 12, §2); Shan., §3752; mod. Code 1932, § 7668; C. Supp. 1950, § 7668; T.C.A. (orig. ed.), § 64-2603; Acts 2005, ch. 303, § 2.
Any instruments not so registered, or noted for registration, shall be null and void as to existing or subsequent creditors of, or bona fide purchasers from, the makers without notice.
Code 1858, § 2075 (deriv. Acts 1831, ch. 90, § 12; 1841-1842, ch. 12, §2); Shan., §3752; mod. Code 1932, § 7668; C. Supp. 1950, § 7668; T.C.A. (orig. ed.), § 64-2603; Acts 2005, ch. 303, § 2.
Tenn. Code Ann. § 66-34-202 — TN Code / Title 66 / Chapter 34 / Section 66-34-202
Application for payment for work - Payment according to schedule for payments - Review of application by owner's agent
Status: in_force

(a) If a prime contractor has performed in accordance with the prime contractor's written contract with the owner, then the owner shall pay to the prime contractor the full amount earned by the prime contractor, less only those amounts withheld in accordance with § 66-34-203 . The payment must be made in accordance with the schedule for payments established within the contract and within thirty (30) days after application for payment is timely submitted by the prime contractor to the owner, in accordance with the schedule. (b) Failure of an architect, engineer, or other agent employed by the owner to review and approve an application for payment for work which has been performed in accordance with the contract does not excuse the owner from making payment in accordance with this chapter. This section does not require payment for work not performed if an architect, engineer, or other agent has certified that a contractor has not completed performance for a portion of work covered by the application for payment. Amended by 2020 Tenn. Acts, ch. 749, s 19, eff. 7/1/2020. Acts 1991, ch. 45, § 1; 2006, ch. 944, § 1.
(a) If a prime contractor has performed in accordance with the prime contractor's written contract with the owner, then the owner shall pay to the prime contractor the full amount earned by the prime contractor, less only those amounts withheld in accordance with § 66-34-203 . The payment must be made in accordance with the schedule for payments established within the contract and within thirty (30) days after application for payment is timely submitted by the prime contractor to the owner, in accordance with the schedule.
(b) Failure of an architect, engineer, or other agent employed by the owner to review and approve an application for payment for work which has been performed in accordance with the contract does not excuse the owner from making payment in accordance with this chapter. This section does not require payment for work not performed if an architect, engineer, or other agent has certified that a contractor has not completed performance for a portion of work covered by the application for payment.
Amended by 2020 Tenn. Acts, ch. 749, s 19, eff. 7/1/2020.
Acts 1991, ch. 45, § 1; 2006, ch. 944, § 1.