Tenn. Code Ann. § 66-25-103 — TN Code / Title 66 / Chapter 25 / Section 66-25-103
Entry of partial payments
Status: in_force

(a) (1) The mortgagee, or the assignee or the transferee of a debt secured by such instrument, who has accepted partial payments, on request in writing of a judgment creditor or other creditor of the mortgagor having a lien or claim on the property covered by the lien, or the party making such payment, including, but not limited to, the maker, the mortgagor, the purchaser of the property covered by such instrument, any closing agent or attorney who has collected and transmitted funds for such payment, shall execute and record an instrument of partial or full release, giving the date and the amount of the payment or payments. (2) In any county having a population of not less than thirty-two thousand six hundred (32,600) nor more than thirty-two thousand seven hundred (32,700), according to the 1980 federal census or any subsequent federal census the mortgagee, or the assignee or the transferee of a debt secured by such instrument, who has accepted partial payments, on request in writing of a judgment creditor or other creditor of the mortgagor having a lien or claim on the property covered by the lien, or the party making such payment, including, but not limited to, the maker, the mortgagor, the purchaser of the property covered by such instrument, any closing agent or attorney who has collected and transmitted funds for such payment, shall execute and record a statement of partial release in the manner and form provided in part 2 of this chapter for a full release, giving the date and amount of such partial payment or payments. (b) The mortgagee, or the assignee or the transferee of a debt secured by real property who has accepted partial payments pursuant to an agreement to release a portion or portions of the property securing the lien of such instrument on request in writing of the party making such payment, including, but not limited to, the maker, the mortgagor, the purchaser of the property covered by such instrument or any closing agent or attorney who has collected and transmitted funds for such payment shall execute and record a formal partial release deed. (c) (1) If for thirty (30) days after receipt of the written request set forth in subsections (a) and (b), the mortgagee, or the assignee or transferee of a debt so secured arbitrarily or unreasonably fails to record the statement or partial deed of release set out in subsections (a) and (b), such person shall forfeit to the party making such request the sum of one hundred dollars ($100). If the indebtedness is not released within the thirty-day period, the party having requested the release shall again request the release, and, if after thirty (30) days from the second request, the indebtedness has not been released, the holder shall forfeit to the party making the request a sum not to exceed one thousand dollars ($1,000). (2) In the event suit is instituted to collect either or both of the forfeitures, the holder shall also be liable to the party instituting suit for all reasonable expenses, attorney fees, and the court costs incurred in the action. Acts 1907, ch. 473, § 2; Shan., § 3704a2; mod. Code 1932, § 8071; Acts 1977, ch. 260, § 2; T.C.A. (orig. ed.), § 64-2503; Acts 1988, ch. 636, § 13; Acts 1990, ch. 902, § 4.
(a) (1) The mortgagee, or the assignee or the transferee of a debt secured by such instrument, who has accepted partial payments, on request in writing of a judgment creditor or other creditor of the mortgagor having a lien or claim on the property covered by the lien, or the party making such payment, including, but not limited to, the maker, the mortgagor, the purchaser of the property covered by such instrument, any closing agent or attorney who has collected and transmitted funds for such payment, shall execute and record an instrument of partial or full release, giving the date and the amount of the payment or payments. (2) In any county having a population of not less than thirty-two thousand six hundred (32,600) nor more than thirty-two thousand seven hundred (32,700), according to the 1980 federal census or any subsequent federal census the mortgagee, or the assignee or the transferee of a debt secured by such instrument, who has accepted partial payments, on request in writing of a judgment creditor or other creditor of the mortgagor having a lien or claim on the property covered by the lien, or the party making such payment, including, but not limited to, the maker, the mortgagor, the purchaser of the property covered by such instrument, any closing agent or attorney who has collected and transmitted funds for such payment, shall execute and record a statement of partial release in the manner and form provided in part 2 of this chapter for a full release, giving the date and amount of such partial payment or payments.
(1) The mortgagee, or the assignee or the transferee of a debt secured by such instrument, who has accepted partial payments, on request in writing of a judgment creditor or other creditor of the mortgagor having a lien or claim on the property covered by the lien, or the party making such payment, including, but not limited to, the maker, the mortgagor, the purchaser of the property covered by such instrument, any closing agent or attorney who has collected and transmitted funds for such payment, shall execute and record an instrument of partial or full release, giving the date and the amount of the payment or payments.
(2) In any county having a population of not less than thirty-two thousand six hundred (32,600) nor more than thirty-two thousand seven hundred (32,700), according to the 1980 federal census or any subsequent federal census the mortgagee, or the assignee or the transferee of a debt secured by such instrument, who has accepted partial payments, on request in writing of a judgment creditor or other creditor of the mortgagor having a lien or claim on the property covered by the lien, or the party making such payment, including, but not limited to, the maker, the mortgagor, the purchaser of the property covered by such instrument, any closing agent or attorney who has collected and transmitted funds for such payment, shall execute and record a statement of partial release in the manner and form provided in part 2 of this chapter for a full release, giving the date and amount of such partial payment or payments.
(b) The mortgagee, or the assignee or the transferee of a debt secured by real property who has accepted partial payments pursuant to an agreement to release a portion or portions of the property securing the lien of such instrument on request in writing of the party making such payment, including, but not limited to, the maker, the mortgagor, the purchaser of the property covered by such instrument or any closing agent or attorney who has collected and transmitted funds for such payment shall execute and record a formal partial release deed.
(c) (1) If for thirty (30) days after receipt of the written request set forth in subsections (a) and (b), the mortgagee, or the assignee or transferee of a debt so secured arbitrarily or unreasonably fails to record the statement or partial deed of release set out in subsections (a) and (b), such person shall forfeit to the party making such request the sum of one hundred dollars ($100). If the indebtedness is not released within the thirty-day period, the party having requested the release shall again request the release, and, if after thirty (30) days from the second request, the indebtedness has not been released, the holder shall forfeit to the party making the request a sum not to exceed one thousand dollars ($1,000). (2) In the event suit is instituted to collect either or both of the forfeitures, the holder shall also be liable to the party instituting suit for all reasonable expenses, attorney fees, and the court costs incurred in the action.
(1) If for thirty (30) days after receipt of the written request set forth in subsections (a) and (b), the mortgagee, or the assignee or transferee of a debt so secured arbitrarily or unreasonably fails to record the statement or partial deed of release set out in subsections (a) and (b), such person shall forfeit to the party making such request the sum of one hundred dollars ($100). If the indebtedness is not released within the thirty-day period, the party having requested the release shall again request the release, and, if after thirty (30) days from the second request, the indebtedness has not been released, the holder shall forfeit to the party making the request a sum not to exceed one thousand dollars ($1,000).
(2) In the event suit is instituted to collect either or both of the forfeitures, the holder shall also be liable to the party instituting suit for all reasonable expenses, attorney fees, and the court costs incurred in the action.
Acts 1907, ch. 473, § 2; Shan., § 3704a2; mod. Code 1932, § 8071; Acts 1977, ch. 260, § 2; T.C.A. (orig. ed.), § 64-2503; Acts 1988, ch. 636, § 13; Acts 1990, ch. 902, § 4.
Tenn. Code Ann. § 66-27-310 — TN Code / Title 66 / Chapter 27 / Section 66-27-310
Exercise of development rights
Status: in_force

(a) To exercise any development right reserved under § 66-27-305(a)(7) , the declarant shall prepare, execute, and record an amendment to the declaration pursuant to § 66-27-317 and comply with § 66-27-309 . The declarant is the unit owner of any units thereby created. The amendment to the declaration must assign an identifying number to each new unit created, and, except in the case of subdivision or conversion of units described in subsection (b), reallocate the allocated interests among all units. The amendment must describe any common elements and any limited common elements thereby created and, in the case of limited common elements, designate the unit to which each is allocated to the extent required by § 66-27-308 . (b) Development rights may be reserved within any real estate added to the condominium if the amendment adding that real estate includes all matters required by § 66-27-305 or § 66-27-306 , as the case may be, and the plats and plans include all matters required by § 66-27-309 . This subsection (b) does not extend any time limit on the exercise of development rights imposed by the declaration. (c) Whenever a declarant exercises a development right to subdivide or convert a unit previously created into additional units or common elements, or both: (1) If the declarant converts the unit entirely to common elements, the amendment to the declaration must reallocate all the allocated interests of that unit among the other units as if that unit had been taken by eminent domain pursuant to § 66-27-207 ; (2) If the declarant subdivides the unit into two (2) or more units, whether or not any part of the unit is converted into common elements, the amendment to the declaration must reallocate all the allocated interests of the unit among the units created by the subdivision in any reasonable manner prescribed by the declarant. (d) If the declaration provides, pursuant to § 66-27-305(a)(7) , that all or a portion of the real estate is subject to the development right of withdrawal: (1) If all the real estate is subject to withdrawal, and the declaration does not describe separate portions of real estate subject to that right, none of the real estate may be withdrawn after a unit has been conveyed to a purchaser; and (2) If a portion or portions are subject to withdrawal, no portion may be withdrawn after a unit in that portion has been conveyed to a purchaser. Acts 2008 , ch. 766, § 1.
(a) To exercise any development right reserved under § 66-27-305(a)(7) , the declarant shall prepare, execute, and record an amendment to the declaration pursuant to § 66-27-317 and comply with § 66-27-309 . The declarant is the unit owner of any units thereby created. The amendment to the declaration must assign an identifying number to each new unit created, and, except in the case of subdivision or conversion of units described in subsection (b), reallocate the allocated interests among all units. The amendment must describe any common elements and any limited common elements thereby created and, in the case of limited common elements, designate the unit to which each is allocated to the extent required by § 66-27-308 .
(b) Development rights may be reserved within any real estate added to the condominium if the amendment adding that real estate includes all matters required by § 66-27-305 or § 66-27-306 , as the case may be, and the plats and plans include all matters required by § 66-27-309 . This subsection (b) does not extend any time limit on the exercise of development rights imposed by the declaration.
(c) Whenever a declarant exercises a development right to subdivide or convert a unit previously created into additional units or common elements, or both: (1) If the declarant converts the unit entirely to common elements, the amendment to the declaration must reallocate all the allocated interests of that unit among the other units as if that unit had been taken by eminent domain pursuant to § 66-27-207 ; (2) If the declarant subdivides the unit into two (2) or more units, whether or not any part of the unit is converted into common elements, the amendment to the declaration must reallocate all the allocated interests of the unit among the units created by the subdivision in any reasonable manner prescribed by the declarant.
(1) If the declarant converts the unit entirely to common elements, the amendment to the declaration must reallocate all the allocated interests of that unit among the other units as if that unit had been taken by eminent domain pursuant to § 66-27-207 ;
(2) If the declarant subdivides the unit into two (2) or more units, whether or not any part of the unit is converted into common elements, the amendment to the declaration must reallocate all the allocated interests of the unit among the units created by the subdivision in any reasonable manner prescribed by the declarant.
(d) If the declaration provides, pursuant to § 66-27-305(a)(7) , that all or a portion of the real estate is subject to the development right of withdrawal: (1) If all the real estate is subject to withdrawal, and the declaration does not describe separate portions of real estate subject to that right, none of the real estate may be withdrawn after a unit has been conveyed to a purchaser; and (2) If a portion or portions are subject to withdrawal, no portion may be withdrawn after a unit in that portion has been conveyed to a purchaser.
(1) If all the real estate is subject to withdrawal, and the declaration does not describe separate portions of real estate subject to that right, none of the real estate may be withdrawn after a unit has been conveyed to a purchaser; and
(2) If a portion or portions are subject to withdrawal, no portion may be withdrawn after a unit in that portion has been conveyed to a purchaser.
Acts 2008 , ch. 766, § 1.
Tenn. Code Ann. § 66-27-502 — TN Code / Title 66 / Chapter 27 / Section 66-27-502
Responsibility to provide information
Status: in_force

(a) The association, upon request from a unit owner, a purchaser or any lender to either a unit owner or a purchaser, or their respective authorized agents, shall provide to the requesting party, within ten (10) business days following the date of the association's receipt of the request, the information specified in § 66-27-503 , to the extent applicable. It shall be the responsibility of a unit owner to advise a purchaser or lender, upon request, how the association may be contacted. The association will be entitled to charge a reasonable fee for providing the information that, if not paid, may be assessed against the unit whose owner, lender, or purchaser requested the information. (b) When construction of a condominium is not yet complete, a declarant, prior to the first sale of any interest in a unit to a third-party purchaser, shall upon request, and within ten (10) business days following the date of the declarant's receipt of the request, provide the information specified in § 66-27-503 , to the extent applicable and to the extent available, to any purchaser or prospective lender to a purchaser. If any of the information is not available within ten (10) business days following the date of the request, then it shall be provided at least ten (10) business days prior to closing of the sale of the unit. (c) The party requesting the information shall be entitled to rely on the information provided, unless the party has actual knowledge to the contrary. (d) Any request to be made or information to be provided under this part shall be provided in writing or by electronic means, which may include, without limitation, by email or posting to a website and providing a link and access to the website. Acts 2008 , ch. 766, § 1.
(a) The association, upon request from a unit owner, a purchaser or any lender to either a unit owner or a purchaser, or their respective authorized agents, shall provide to the requesting party, within ten (10) business days following the date of the association's receipt of the request, the information specified in § 66-27-503 , to the extent applicable. It shall be the responsibility of a unit owner to advise a purchaser or lender, upon request, how the association may be contacted. The association will be entitled to charge a reasonable fee for providing the information that, if not paid, may be assessed against the unit whose owner, lender, or purchaser requested the information.
(b) When construction of a condominium is not yet complete, a declarant, prior to the first sale of any interest in a unit to a third-party purchaser, shall upon request, and within ten (10) business days following the date of the declarant's receipt of the request, provide the information specified in § 66-27-503 , to the extent applicable and to the extent available, to any purchaser or prospective lender to a purchaser. If any of the information is not available within ten (10) business days following the date of the request, then it shall be provided at least ten (10) business days prior to closing of the sale of the unit.
(c) The party requesting the information shall be entitled to rely on the information provided, unless the party has actual knowledge to the contrary.
(d) Any request to be made or information to be provided under this part shall be provided in writing or by electronic means, which may include, without limitation, by email or posting to a website and providing a link and access to the website.
Acts 2008 , ch. 766, § 1.
Tenn. Code Ann. § 66-27-202 — TN Code / Title 66 / Chapter 27 / Section 66-27-202
Applicability
Status: in_force

(a) This part and parts 3-5 of this chapter apply to all condominiums created within this state after January 1, 2009. Sections 66-27-205 - 66-27-207; 66-27-303; 66-27-304; 66-27-402(a)(1)-(6) and (11)-(16); 66-27-411; 66-27-414(g); 66-27-415; 66-27-417; part 5 of this chapter; and § 66-27-203 , to the extent necessary in construing any of the sections listed in this subsection (a), apply to all condominiums created in this state before January 1, 2009; but those sections apply only with respect to events and circumstances occurring after January 1, 2009, and, with the exception of § 66-27-414(g) , do not invalidate or supersede existing provisions of the master deed, master lease, declaration, bylaws or plats of those condominiums existing on January 1, 2009. (b) Part 1 of this chapter does not apply to condominiums created after January 1, 2009, and does not invalidate any amendment adopted after January 1, 2009, to the master deed, bylaws, or plats of any condominium created before January 1, 2009, if the amendment would be permitted by this part and parts 3-5 of this chapter. The amendment must be adopted in conformity with the procedures and requirements specified by those instruments and by part 1 of this chapter. If the amendment grants to any person any rights, powers, or privileges permitted by this part and parts 3-5 of this chapter, all correlative obligations, liabilities, and restrictions in this part and parts 3-5 of this chapter also apply to that person. (c) Condominiums existing before January 1, 2009, may elect to be governed by this part and parts 3-5 of this chapter in their entirety by amending and restating their then existing master deed, bylaws, and plat or plats in a manner that satisfies the requirements of subsection (b) and any additional requirements applicable to a condominium created under this part and parts 3-5 of this chapter. Condominiums created before January 1, 2009, may elect to be governed by this part and parts 3-5 of this chapter by specifically electing to do so in their master deed, master lease, or declaration and by satisfying all requirements applicable to a condominium created under this part and parts 3-5 of this chapter. (d) This part and parts 3-5 of this chapter do not apply to condominiums or units located outside this state. Acts 2008, ch. 766, § 1; 2009, ch. 215, § 1.
(a) This part and parts 3-5 of this chapter apply to all condominiums created within this state after January 1, 2009. Sections 66-27-205 - 66-27-207; 66-27-303; 66-27-304; 66-27-402(a)(1)-(6) and (11)-(16); 66-27-411; 66-27-414(g); 66-27-415; 66-27-417; part 5 of this chapter; and § 66-27-203 , to the extent necessary in construing any of the sections listed in this subsection (a), apply to all condominiums created in this state before January 1, 2009; but those sections apply only with respect to events and circumstances occurring after January 1, 2009, and, with the exception of § 66-27-414(g) , do not invalidate or supersede existing provisions of the master deed, master lease, declaration, bylaws or plats of those condominiums existing on January 1, 2009.
(b) Part 1 of this chapter does not apply to condominiums created after January 1, 2009, and does not invalidate any amendment adopted after January 1, 2009, to the master deed, bylaws, or plats of any condominium created before January 1, 2009, if the amendment would be permitted by this part and parts 3-5 of this chapter. The amendment must be adopted in conformity with the procedures and requirements specified by those instruments and by part 1 of this chapter. If the amendment grants to any person any rights, powers, or privileges permitted by this part and parts 3-5 of this chapter, all correlative obligations, liabilities, and restrictions in this part and parts 3-5 of this chapter also apply to that person.
(c) Condominiums existing before January 1, 2009, may elect to be governed by this part and parts 3-5 of this chapter in their entirety by amending and restating their then existing master deed, bylaws, and plat or plats in a manner that satisfies the requirements of subsection (b) and any additional requirements applicable to a condominium created under this part and parts 3-5 of this chapter. Condominiums created before January 1, 2009, may elect to be governed by this part and parts 3-5 of this chapter by specifically electing to do so in their master deed, master lease, or declaration and by satisfying all requirements applicable to a condominium created under this part and parts 3-5 of this chapter.
(d) This part and parts 3-5 of this chapter do not apply to condominiums or units located outside this state.
Acts 2008, ch. 766, § 1; 2009, ch. 215, § 1.
Tenn. Code Ann. § 66-12-111 — TN Code / Title 66 / Chapter 12 / Section 66-12-111
Landlord's portion of crop unaffected
Status: in_force

Nothing in §§ 66-12-101 - 66-12-112 shall affect the portion of the crop reserved as rent by the landlord of a sharecropper, or for the rent or use of land producing same, whether divided or undivided, it being the intention to treat the title to such portion of the crop as vested in the landlord, unless the contract expressly provides otherwise. Acts 1923, ch. 71, § 8; Shan. Supp., § 5299a8; Acts 1927, ch. 33, §1; mod. Code 1932, § 8027; T.C.A. (orig. ed.), § 64-1211.
Nothing in §§ 66-12-101 - 66-12-112 shall affect the portion of the crop reserved as rent by the landlord of a sharecropper, or for the rent or use of land producing same, whether divided or undivided, it being the intention to treat the title to such portion of the crop as vested in the landlord, unless the contract expressly provides otherwise.
Acts 1923, ch. 71, § 8; Shan. Supp., § 5299a8; Acts 1927, ch. 33, §1; mod. Code 1932, § 8027; T.C.A. (orig. ed.), § 64-1211.
Tenn. Code Ann. § 66-9-402 — TN Code / Title 66 / Chapter 9 / Section 66-9-402
Exemptions from actions
Status: in_force

No action shall lie in any court of law or equity against an owner or lessee of real property whose use of real property satisfies the conditions established in § 66-9-401 and in which it is alleged that the owner or lessee of the real property has violated restrictive covenants as to the use of property. Acts 1992, ch. 686, § 2.
No action shall lie in any court of law or equity against an owner or lessee of real property whose use of real property satisfies the conditions established in § 66-9-401 and in which it is alleged that the owner or lessee of the real property has violated restrictive covenants as to the use of property.
Acts 1992, ch. 686, § 2.
Tenn. Code Ann. § 66-27-506 — TN Code / Title 66 / Chapter 27 / Section 66-27-506
Escrow of deposits
Status: in_force

Any deposit made in connection with the purchase or reservation of a unit from a declarant shall be placed in escrow and held in this state in an account designated solely for that purpose by a licensed title insurance company or agent of the licensed title insurance company, an attorney, a licensed real estate broker, or an independent bonded escrow company, and shall be deposited in an institution whose accounts are insured by a governmental agency or instrumentality, or any other lawful escrow or trust account, until: (1) Delivered to the declarant at closing; (2) Delivered to the declarant because of purchaser's default under a contract to purchase the unit; (3) Refunded to the purchaser; (4) Interpleaded into a court of appropriate jurisdiction; or (5) Disbursed pursuant to a final order of a court of appropriate jurisdiction. Acts 2008, ch. 766, § 1.
Any deposit made in connection with the purchase or reservation of a unit from a declarant shall be placed in escrow and held in this state in an account designated solely for that purpose by a licensed title insurance company or agent of the licensed title insurance company, an attorney, a licensed real estate broker, or an independent bonded escrow company, and shall be deposited in an institution whose accounts are insured by a governmental agency or instrumentality, or any other lawful escrow or trust account, until:
(1) Delivered to the declarant at closing;
(2) Delivered to the declarant because of purchaser's default under a contract to purchase the unit;
(3) Refunded to the purchaser;
(4) Interpleaded into a court of appropriate jurisdiction; or
(5) Disbursed pursuant to a final order of a court of appropriate jurisdiction.
Acts 2008, ch. 766, § 1.
Tenn. Code Ann. § 66-11-120 — TN Code / Title 66 / Chapter 11 / Section 66-11-120
Lien limited to contract price and extras in the contract
Status: in_force

The claims secured by lien for work, labor, materials, equipment, services, machinery, overhead and profit, shall not exceed the contract price and extras in the contract between the owner and the prime contractor. Code 1858, § 1988 (deriv. Acts 1845-1846, ch. 118, § 2); Shan., § 3544; mod. Code 1932, § 7937; T.C.A. (orig. ed.), § 64-1120; Acts 2007, ch. 189, § 19.
The claims secured by lien for work, labor, materials, equipment, services, machinery, overhead and profit, shall not exceed the contract price and extras in the contract between the owner and the prime contractor.
Code 1858, § 1988 (deriv. Acts 1845-1846, ch. 118, § 2); Shan., § 3544; mod. Code 1932, § 7937; T.C.A. (orig. ed.), § 64-1120; Acts 2007, ch. 189, § 19.
Tenn. Code Ann. § 66-29-147 — TN Code / Title 66 / Chapter 29 / Section 66-29-147
Retention of records by treasurer
Status: in_force

The treasurer shall: (1) Record and retain the name and last known address of each person shown on a report filed under § 66-29-123 to be the apparent owner of the property delivered to the treasurer; (2) Record and retain the name and last known address of each insured or annuitant, and beneficiary, shown on the report; (3) With respect to each policy of insurance or annuity contract listed in the report of an insurance company, record and retain the policy or account number, the name of the company, and the amount due or paid; and (4) With respect to each apparent owner listed in the report, record and retain the name of the holder who filed the report and the amount due or paid. Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
The treasurer shall:
(1) Record and retain the name and last known address of each person shown on a report filed under § 66-29-123 to be the apparent owner of the property delivered to the treasurer;
(2) Record and retain the name and last known address of each insured or annuitant, and beneficiary, shown on the report;
(3) With respect to each policy of insurance or annuity contract listed in the report of an insurance company, record and retain the policy or account number, the name of the company, and the amount due or paid; and
(4) With respect to each apparent owner listed in the report, record and retain the name of the holder who filed the report and the amount due or paid.
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Tenn. Code Ann. § 66-29-171 — TN Code / Title 66 / Chapter 29 / Section 66-29-171
Cooperation with another state or foreign country
Status: in_force

The treasurer may: (1) Securely exchange information with another state or foreign country relating to property presumed abandoned or relating to the possible existence of property presumed abandoned; and (2) Authorize in a record another state or foreign country, or a person acting on behalf of another state or country, to examine its records of a putative holder; provided, that the state, country, or person agrees to abide by § 66-29-159 . Added by 2017 Tenn. Acts, ch. 457, s 1, eff. 7/1/2017.
The treasurer may:
(1) Securely exchange information with another state or foreign country relating to property presumed abandoned or relating to the possible existence of property presumed abandoned; and
(2) Authorize in a record another state or foreign country, or a person acting on behalf of another state or country, to examine its records of a putative holder; provided, that the state, country, or person agrees to abide by § 66-29-159 .
Added by 2017 Tenn. Acts, ch. 457, s 1, eff. 7/1/2017.
Tenn. Code Ann. § 66-9-202 — TN Code / Title 66 / Chapter 9 / Section 66-9-202
Legislative findings and declarations
Status: in_force

The general assembly finds that the use of solar energy can help reduce reliance on depletable energy resources such as oil, natural gas and coal, and that solar energy development should, therefore, be encouraged. Further, that as the use of solar energy systems increases, the possibility of future shading of such systems by buildings or vegetation will also increase. Therefore, the general assembly declares that solar easements may be established to allow the owner of a solar energy system to negotiate for assurance of continued access to sunlight. The general assembly further finds that encouragement and protection of solar energy systems is a valid objective which counties and municipalities may consider in promulgating zoning regulations. Acts 1979, ch. 259, § 2; T.C.A., § 64-9-202.
The general assembly finds that the use of solar energy can help reduce reliance on depletable energy resources such as oil, natural gas and coal, and that solar energy development should, therefore, be encouraged. Further, that as the use of solar energy systems increases, the possibility of future shading of such systems by buildings or vegetation will also increase. Therefore, the general assembly declares that solar easements may be established to allow the owner of a solar energy system to negotiate for assurance of continued access to sunlight. The general assembly further finds that encouragement and protection of solar energy systems is a valid objective which counties and municipalities may consider in promulgating zoning regulations.
Acts 1979, ch. 259, § 2; T.C.A., § 64-9-202.
Tenn. Code Ann. § 66-3-201 — TN Code / Title 66 / Chapter 3 / Section 66-3-201
Devises declared void
Status: in_force

All devises of lands, tenements, and hereditaments, or of any rent, profit, term, or charge out of the same, contrived and made to defraud creditors of their just debts, shall be deemed and taken to be null and void only as against such creditors, their heirs, successors, executors, administrators, and assigns, and every one of them. Code 1858, § 1762 (deriv. Acts 1789, ch. 39, § 2); Shan., § 3153; Code 1932, § 7835; T.C.A. (orig. ed.), § 64-304.
All devises of lands, tenements, and hereditaments, or of any rent, profit, term, or charge out of the same, contrived and made to defraud creditors of their just debts, shall be deemed and taken to be null and void only as against such creditors, their heirs, successors, executors, administrators, and assigns, and every one of them.
Code 1858, § 1762 (deriv. Acts 1789, ch. 39, § 2); Shan., § 3153; Code 1932, § 7835; T.C.A. (orig. ed.), § 64-304.
Tenn. Code Ann. § 66-26-111 — TN Code / Title 66 / Chapter 26 / Section 66-26-111
Proof of instruments registered before 1839
Status: in_force

Every instrument authorized by law to be registered and proved or acknowledged, and registered prior to October 16, 1839, may be read in evidence: (1) Although the certificate only states that the deed was duly proved, without naming the subscribing witnesses by whom it was so proved; and in such case, the court shall presume that it was duly proved by all the subscribing witnesses, and the probate and registration shall be good, leaving it to the adverse party to disprove the fact; (2) Although the certificate is not and does not purport to be a transcript from the court minutes, if the certificate states enough to authorize the instrument to be registered; and in this case it shall be presumed that the entry on the minutes authorized the certificate by the clerk, unless the contrary be shown; (3) Although the certificate does not mention the term or style of the court at or in which the instrument was proved or acknowledged; and in this case, it shall be presumed that the instrument was proved or acknowledged in the court of which the person giving the certificate was clerk, and the certificate and registration shall be good, unless the contrary be shown; (4) Although the clerk, in the clerk's entry on the minutes and in the clerk's certificate on the document, has omitted to describe or mention the property; and in such case, the probate or acknowledgment and the registration shall be good; (5) Although the certificate only states that the deed was duly acknowledged, but not by whom; in which case, the instrument shall be presumed to have been acknowledged by the maker, and the acknowledgment and registration shall be good; and (6) No such probate or acknowledgment shall be void for want of sufficient certainty therein, if enough is contained on the face of it to identify the instrument to which it applies. Code 1858, § 2086 (deriv. Acts 1839-1840, ch. 26, § 9); Shan., §3763; Code 1932, § 7674; T.C.A. (orig. ed.), § 64-2611.
Every instrument authorized by law to be registered and proved or acknowledged, and registered prior to October 16, 1839, may be read in evidence:
(1) Although the certificate only states that the deed was duly proved, without naming the subscribing witnesses by whom it was so proved; and in such case, the court shall presume that it was duly proved by all the subscribing witnesses, and the probate and registration shall be good, leaving it to the adverse party to disprove the fact;
(2) Although the certificate is not and does not purport to be a transcript from the court minutes, if the certificate states enough to authorize the instrument to be registered; and in this case it shall be presumed that the entry on the minutes authorized the certificate by the clerk, unless the contrary be shown;
(3) Although the certificate does not mention the term or style of the court at or in which the instrument was proved or acknowledged; and in this case, it shall be presumed that the instrument was proved or acknowledged in the court of which the person giving the certificate was clerk, and the certificate and registration shall be good, unless the contrary be shown;
(4) Although the clerk, in the clerk's entry on the minutes and in the clerk's certificate on the document, has omitted to describe or mention the property; and in such case, the probate or acknowledgment and the registration shall be good;
(5) Although the certificate only states that the deed was duly acknowledged, but not by whom; in which case, the instrument shall be presumed to have been acknowledged by the maker, and the acknowledgment and registration shall be good; and
(6) No such probate or acknowledgment shall be void for want of sufficient certainty therein, if enough is contained on the face of it to identify the instrument to which it applies.
Code 1858, § 2086 (deriv. Acts 1839-1840, ch. 26, § 9); Shan., §3763; Code 1932, § 7674; T.C.A. (orig. ed.), § 64-2611.
Tenn. Code Ann. § 66-6-104 — TN Code / Title 66 / Chapter 6 / Section 66-6-104
Proximity to horizontal control monuments required for use of coordinates
Status: in_force

Unless established by Global Navigation Satellite Systems (GNSS) methods, no coordinates based on the systems of plane coordinates defined in this chapter, purporting to define the position of a point on a land boundary, shall be presented to be recorded in any public land records or deed records unless such point is within ten kilometers (10 km) of a horizontal control monument existing or newly established in conformity with the standards of accuracy for first or second order geodetic surveying as prepared and published by the federal geodetic control committee of the United States department of commerce. Standards of the federal geodetic control committee or its successor in force on the date of such survey shall apply. The accuracy limitations described in this section may be modified by any governmental agency to meet local conditions. Amended by 2019 Tenn. Acts, ch. 213,s 3, eff. 4/23/2019. Acts 1991, ch. 42, § 5.
Unless established by Global Navigation Satellite Systems (GNSS) methods, no coordinates based on the systems of plane coordinates defined in this chapter, purporting to define the position of a point on a land boundary, shall be presented to be recorded in any public land records or deed records unless such point is within ten kilometers (10 km) of a horizontal control monument existing or newly established in conformity with the standards of accuracy for first or second order geodetic surveying as prepared and published by the federal geodetic control committee of the United States department of commerce. Standards of the federal geodetic control committee or its successor in force on the date of such survey shall apply. The accuracy limitations described in this section may be modified by any governmental agency to meet local conditions.
Amended by 2019 Tenn. Acts, ch. 213,s 3, eff. 4/23/2019.
Acts 1991, ch. 42, § 5.
Tenn. Code Ann. § 66-6-106 — TN Code / Title 66 / Chapter 6 / Section 66-6-106
Use of term system on documents - Designation of system used
Status: in_force

(a) The terms Tennessee Coordinate System of 1927, Tennessee Coordinate System of 1983, or Tennessee State Plane Coordinate System must not be used on any map, report of survey, or other document, unless the coordinates contained within such document are based on the Tennessee coordinate system as defined in this chapter. (b) Any document containing coordinates based upon a system of plane coordinates defined in this chapter shall contain a statement that indicates whether the Tennessee Coordinate System of 1927, the Tennessee Coordinate System of 1983, or the Tennessee State Plane Coordinate System was used. (c) This chapter must not be construed to prohibit the appropriate use of other datums and other geodetic reference networks. Amended by 2019 Tenn. Acts, ch. 213,s 5, eff. 4/23/2019. Acts 1991, ch. 42, § 7.
(a) The terms Tennessee Coordinate System of 1927, Tennessee Coordinate System of 1983, or Tennessee State Plane Coordinate System must not be used on any map, report of survey, or other document, unless the coordinates contained within such document are based on the Tennessee coordinate system as defined in this chapter.
(b) Any document containing coordinates based upon a system of plane coordinates defined in this chapter shall contain a statement that indicates whether the Tennessee Coordinate System of 1927, the Tennessee Coordinate System of 1983, or the Tennessee State Plane Coordinate System was used.
(c) This chapter must not be construed to prohibit the appropriate use of other datums and other geodetic reference networks.
Amended by 2019 Tenn. Acts, ch. 213,s 5, eff. 4/23/2019.
Acts 1991, ch. 42, § 7.
Tenn. Code Ann. § 66-4-102 — TN Code / Title 66 / Chapter 4 / Section 66-4-102
Registration of contract required
Status: in_force

The personal representative cannot be required to execute a conveyance under § 66-4-101 , unless the written agreement or contract, duly registered, or a certified copy of the agreement or contract from the register's books, is produced and delivered to the representative. Code 1858, § 2028 (deriv. Acts 1794, ch. 5, § 1); Shan., § 3695; Code 1932, § 7617; T.C.A. (orig. ed.), § 64-402.
The personal representative cannot be required to execute a conveyance under § 66-4-101 , unless the written agreement or contract, duly registered, or a certified copy of the agreement or contract from the register's books, is produced and delivered to the representative.
Code 1858, § 2028 (deriv. Acts 1794, ch. 5, § 1); Shan., § 3695; Code 1932, § 7617; T.C.A. (orig. ed.), § 64-402.
Tenn. Code Ann. § 66-13-103 — TN Code / Title 66 / Chapter 13 / Section 66-13-103
Priority over other liens
Status: in_force

No corporation or partnership doing business in this state shall have the power to execute a mortgage or deed of trust or other instrument creating a lien upon the property of the corporation prior to that in favor of the employees and laborers, except to secure purchase money. Acts 1883, ch. 18, § 1; 1897, ch. 78, § 2; Shan., § 3566; mod. Code 1932, § 7991; T.C.A. (orig. ed.), § 64-1303.
No corporation or partnership doing business in this state shall have the power to execute a mortgage or deed of trust or other instrument creating a lien upon the property of the corporation prior to that in favor of the employees and laborers, except to secure purchase money.
Acts 1883, ch. 18, § 1; 1897, ch. 78, § 2; Shan., § 3566; mod. Code 1932, § 7991; T.C.A. (orig. ed.), § 64-1303.
Tenn. Code Ann. § 66-3-303 — TN Code / Title 66 / Chapter 3 / Section 66-3-303
Insolvency
Status: in_force

(a) A debtor is insolvent if the sum of the debtor's debts is greater than all of the debtor's assets, at a fair valuation. (b) A debtor who is generally not paying such debtor's debts as they become due is presumed to be insolvent. (c) A partnership is insolvent under subsection (a) if the sum of the partnership's debts is greater than the aggregate of all of the partnership's assets, at a fair valuation, and the sum of the excess of the value of each general partner's nonpartnership assets over the partner's nonpartnership debts. (d) Assets under this section do not include property that has been transferred, concealed, or removed with intent to hinder, delay, or defraud creditors or that has been transferred in a manner making the transfer voidable under this part. (e) Debts under this section do not include an obligation to the extent it is secured by a valid lien on property of the debtor not included as an asset. Acts 2003, ch. 42, § 1.
(a) A debtor is insolvent if the sum of the debtor's debts is greater than all of the debtor's assets, at a fair valuation.
(b) A debtor who is generally not paying such debtor's debts as they become due is presumed to be insolvent.
(c) A partnership is insolvent under subsection (a) if the sum of the partnership's debts is greater than the aggregate of all of the partnership's assets, at a fair valuation, and the sum of the excess of the value of each general partner's nonpartnership assets over the partner's nonpartnership debts.
(d) Assets under this section do not include property that has been transferred, concealed, or removed with intent to hinder, delay, or defraud creditors or that has been transferred in a manner making the transfer voidable under this part.
(e) Debts under this section do not include an obligation to the extent it is secured by a valid lien on property of the debtor not included as an asset.
Acts 2003, ch. 42, § 1.
Tenn. Code Ann. § 66-21-204 — TN Code / Title 66 / Chapter 21 / Section 66-21-204
Discharge of lien or certificate of redemption
Status: in_force

When a certificate of discharge of any lien or certificate of redemption issued by the director of the internal revenue service or other proper officer is recorded in the office of the register where the original notice of lien is recorded, the register shall enter the same with the date of filing in the proper index. Acts 1927, ch. 56, § 3; Code 1932, § 8031; modified; T.C.A. (orig. ed.), § 64-2113; Acts 1987, ch. 161, § 4; 1991, ch. 60, § 4.
When a certificate of discharge of any lien or certificate of redemption issued by the director of the internal revenue service or other proper officer is recorded in the office of the register where the original notice of lien is recorded, the register shall enter the same with the date of filing in the proper index.
Acts 1927, ch. 56, § 3; Code 1932, § 8031; modified; T.C.A. (orig. ed.), § 64-2113; Acts 1987, ch. 161, § 4; 1991, ch. 60, § 4.
Tenn. Code Ann. § 66-27-415 — TN Code / Title 66 / Chapter 27 / Section 66-27-415
Lien for assessments
Status: in_force

(a) (1) The association has a lien on a unit for any assessment levied against that unit or fines imposed against its unit owner from the time the assessment or fine becomes due, which lien may be foreclosed by judicial action. (2) Notwithstanding subdivision (a)(1), the declaration may provide that the association's lien may be foreclosed in like manner as a deed of trust with power of sale under title 35, chapter 5; provided, that the association shall give notice of its action to the unit owner and to all lienholders of record prior to the first publication of notice as required under title 35, chapter 5. (3) Notice shall be deemed sufficient if sent by United States mail, postage prepaid: (A) If to the unit owner, at the unit, or, if different, the last address for the unit owner on file with the association; or (B) If to a lienholder, other interested party, or the nominee of record, at the address set forth in the instrument of record, or, if different, at such other address as the lienholder, the other interested party, or the nominee may have on file with the association. (4) Notice shall be deemed received three (3) days after deposit in the United States mail, postage prepaid. Unless the declaration otherwise provides, fees, charges, late charges, fines, and interest charged pursuant to § 66-27-402(a)(10), (11), and (12) are enforceable as assessments under this section. If an assessment is payable in installments, the full amount of the assessment is a lien from the time the first installment of the assessment becomes due. (b) (1) A lien under this section is prior to all other liens and encumbrances on a unit, except: (A) Liens and encumbrances recorded before the recordation of the declaration; (B) A first or other contemporaneous mortgage or deed of trust on the unit recorded before the date on which the assessment sought to be enforced became delinquent; and (C) Liens for real estate taxes and other governmental assessments or charges against the unit. (2) Upon a foreclosure action initiated by a lien holder or the association under title 35, chapter 5, the association shall be entitled to a priority in the proceeds from the foreclosure sale to satisfy the lien under subsection (a) up to the extent of the common expense assessments based on the periodic budget adopted by the association pursuant to § 66-27-414 , which would have become due in the absence of acceleration during the six (6) months immediately preceding institution of an action to enforce the lien, but not exceeding one percent (1%) of the maximum principal indebtedness of a lien secured by the first mortgage or deed of trust; provided, that, notwithstanding this subsection (b) or any law to the contrary: (A) Any foreclosure by the association of its lien for assessments shall be subject to any prior mortgage or deed of trust encumbering the property and shall not extinguish the lien of such mortgage or deed of trust; (B) Upon any foreclosure by the holder of a mortgage or deed of trust, the sale and foreclosure will be subject to the association lien up to the payment priority amount set forth in this subdivision (b)(2); and (C) Any right of foreclosure or priority of the association shall not be transferable and shall be extinguished if assigned or transferred to a third party. (3) This subsection (b) does not affect the priority of mechanics or materialmen's liens. The lien under this section is not subject to the statutory or other right of redemption, homestead, or any other exemption, unless specifically reserved in the declaration. (c) Unless the first recorded declaration otherwise provides, if two (2) or more associations have liens for assessments created at any time on the same real estate, those liens have priority based upon the priority of recording of the declarations creating the liens. (d) (1) Recording of the declaration constitutes record notice of the lien. A lien for any delinquent assessment under this section up to the priority in payment provided in subdivision (b)(2) is perfected without recording. Any other delinquent amount above the priority of payment provided in subdivision (b)(2) is perfected by recording it in the lien book in the register of deeds office in the county where the real property is located, and shall have priority over any subsequently filed liens. (2) The lien shall not have the priority provided for in subdivision (b)(2)(A) over the mortgages and deeds of trust described in subdivision (b)(1)(B) if the owner of the unit or the holder of any mortgage or deed of trust on the unit has notified the association in writing of the holder's name and address and the identity of the unit upon which it holds a first mortgage or deed of trust, and the association has failed, within thirty (30) days of the date that six (6) months of assessments for common expenses due from the unit became delinquent, to give written notice of the delinquency to the holder of the first mortgage or deed of trust at the address provided by the party. (e) A lien for unpaid assessments is extinguished unless proceedings to enforce the lien are instituted within six (6) years after the date the lien for the assessment becomes effective. (f) This section does not prohibit actions to recover sums for which subsection (a) creates a lien or prohibits an association from taking a deed in lieu of foreclosure. (g) A judgment or decree in any action brought under this section must include costs and reasonable attorney's fees for the prevailing party. (h) The association, upon written request, shall furnish to a unit owner, or to a holder of any mortgage or deed of trust encumbering the unit, or their respective authorized agents, a written statement setting forth the amount of unpaid assessments against the owner's unit. The statement must be furnished within seven (7) days after receipt of the request and is binding on the association. Amended by 2016 Tenn. Acts, ch. 866,s 2, eff. 6/1/2016. Amended by 2016 Tenn. Acts, ch. 866,s 1, eff. 6/1/2016. Acts 2008, ch. 766, § 1.
(a) (1) The association has a lien on a unit for any assessment levied against that unit or fines imposed against its unit owner from the time the assessment or fine becomes due, which lien may be foreclosed by judicial action. (2) Notwithstanding subdivision (a)(1), the declaration may provide that the association's lien may be foreclosed in like manner as a deed of trust with power of sale under title 35, chapter 5; provided, that the association shall give notice of its action to the unit owner and to all lienholders of record prior to the first publication of notice as required under title 35, chapter 5. (3) Notice shall be deemed sufficient if sent by United States mail, postage prepaid: (A) If to the unit owner, at the unit, or, if different, the last address for the unit owner on file with the association; or (B) If to a lienholder, other interested party, or the nominee of record, at the address set forth in the instrument of record, or, if different, at such other address as the lienholder, the other interested party, or the nominee may have on file with the association. (4) Notice shall be deemed received three (3) days after deposit in the United States mail, postage prepaid. Unless the declaration otherwise provides, fees, charges, late charges, fines, and interest charged pursuant to § 66-27-402(a)(10), (11), and (12) are enforceable as assessments under this section. If an assessment is payable in installments, the full amount of the assessment is a lien from the time the first installment of the assessment becomes due.
(1) The association has a lien on a unit for any assessment levied against that unit or fines imposed against its unit owner from the time the assessment or fine becomes due, which lien may be foreclosed by judicial action.
(2) Notwithstanding subdivision (a)(1), the declaration may provide that the association's lien may be foreclosed in like manner as a deed of trust with power of sale under title 35, chapter 5; provided, that the association shall give notice of its action to the unit owner and to all lienholders of record prior to the first publication of notice as required under title 35, chapter 5.
(3) Notice shall be deemed sufficient if sent by United States mail, postage prepaid: (A) If to the unit owner, at the unit, or, if different, the last address for the unit owner on file with the association; or (B) If to a lienholder, other interested party, or the nominee of record, at the address set forth in the instrument of record, or, if different, at such other address as the lienholder, the other interested party, or the nominee may have on file with the association.
(A) If to the unit owner, at the unit, or, if different, the last address for the unit owner on file with the association; or
(B) If to a lienholder, other interested party, or the nominee of record, at the address set forth in the instrument of record, or, if different, at such other address as the lienholder, the other interested party, or the nominee may have on file with the association.
(4) Notice shall be deemed received three (3) days after deposit in the United States mail, postage prepaid. Unless the declaration otherwise provides, fees, charges, late charges, fines, and interest charged pursuant to § 66-27-402(a)(10), (11), and (12) are enforceable as assessments under this section. If an assessment is payable in installments, the full amount of the assessment is a lien from the time the first installment of the assessment becomes due.
(b) (1) A lien under this section is prior to all other liens and encumbrances on a unit, except: (A) Liens and encumbrances recorded before the recordation of the declaration; (B) A first or other contemporaneous mortgage or deed of trust on the unit recorded before the date on which the assessment sought to be enforced became delinquent; and (C) Liens for real estate taxes and other governmental assessments or charges against the unit. (2) Upon a foreclosure action initiated by a lien holder or the association under title 35, chapter 5, the association shall be entitled to a priority in the proceeds from the foreclosure sale to satisfy the lien under subsection (a) up to the extent of the common expense assessments based on the periodic budget adopted by the association pursuant to § 66-27-414 , which would have become due in the absence of acceleration during the six (6) months immediately preceding institution of an action to enforce the lien, but not exceeding one percent (1%) of the maximum principal indebtedness of a lien secured by the first mortgage or deed of trust; provided, that, notwithstanding this subsection (b) or any law to the contrary: (A) Any foreclosure by the association of its lien for assessments shall be subject to any prior mortgage or deed of trust encumbering the property and shall not extinguish the lien of such mortgage or deed of trust; (B) Upon any foreclosure by the holder of a mortgage or deed of trust, the sale and foreclosure will be subject to the association lien up to the payment priority amount set forth in this subdivision (b)(2); and (C) Any right of foreclosure or priority of the association shall not be transferable and shall be extinguished if assigned or transferred to a third party. (3) This subsection (b) does not affect the priority of mechanics or materialmen's liens. The lien under this section is not subject to the statutory or other right of redemption, homestead, or any other exemption, unless specifically reserved in the declaration.
(1) A lien under this section is prior to all other liens and encumbrances on a unit, except: (A) Liens and encumbrances recorded before the recordation of the declaration; (B) A first or other contemporaneous mortgage or deed of trust on the unit recorded before the date on which the assessment sought to be enforced became delinquent; and (C) Liens for real estate taxes and other governmental assessments or charges against the unit.
(A) Liens and encumbrances recorded before the recordation of the declaration;
(B) A first or other contemporaneous mortgage or deed of trust on the unit recorded before the date on which the assessment sought to be enforced became delinquent; and
(C) Liens for real estate taxes and other governmental assessments or charges against the unit.
(2) Upon a foreclosure action initiated by a lien holder or the association under title 35, chapter 5, the association shall be entitled to a priority in the proceeds from the foreclosure sale to satisfy the lien under subsection (a) up to the extent of the common expense assessments based on the periodic budget adopted by the association pursuant to § 66-27-414 , which would have become due in the absence of acceleration during the six (6) months immediately preceding institution of an action to enforce the lien, but not exceeding one percent (1%) of the maximum principal indebtedness of a lien secured by the first mortgage or deed of trust; provided, that, notwithstanding this subsection (b) or any law to the contrary: (A) Any foreclosure by the association of its lien for assessments shall be subject to any prior mortgage or deed of trust encumbering the property and shall not extinguish the lien of such mortgage or deed of trust; (B) Upon any foreclosure by the holder of a mortgage or deed of trust, the sale and foreclosure will be subject to the association lien up to the payment priority amount set forth in this subdivision (b)(2); and (C) Any right of foreclosure or priority of the association shall not be transferable and shall be extinguished if assigned or transferred to a third party.
(A) Any foreclosure by the association of its lien for assessments shall be subject to any prior mortgage or deed of trust encumbering the property and shall not extinguish the lien of such mortgage or deed of trust;
(B) Upon any foreclosure by the holder of a mortgage or deed of trust, the sale and foreclosure will be subject to the association lien up to the payment priority amount set forth in this subdivision (b)(2); and
(C) Any right of foreclosure or priority of the association shall not be transferable and shall be extinguished if assigned or transferred to a third party.
(3) This subsection (b) does not affect the priority of mechanics or materialmen's liens. The lien under this section is not subject to the statutory or other right of redemption, homestead, or any other exemption, unless specifically reserved in the declaration.
(c) Unless the first recorded declaration otherwise provides, if two (2) or more associations have liens for assessments created at any time on the same real estate, those liens have priority based upon the priority of recording of the declarations creating the liens.
(d) (1) Recording of the declaration constitutes record notice of the lien. A lien for any delinquent assessment under this section up to the priority in payment provided in subdivision (b)(2) is perfected without recording. Any other delinquent amount above the priority of payment provided in subdivision (b)(2) is perfected by recording it in the lien book in the register of deeds office in the county where the real property is located, and shall have priority over any subsequently filed liens. (2) The lien shall not have the priority provided for in subdivision (b)(2)(A) over the mortgages and deeds of trust described in subdivision (b)(1)(B) if the owner of the unit or the holder of any mortgage or deed of trust on the unit has notified the association in writing of the holder's name and address and the identity of the unit upon which it holds a first mortgage or deed of trust, and the association has failed, within thirty (30) days of the date that six (6) months of assessments for common expenses due from the unit became delinquent, to give written notice of the delinquency to the holder of the first mortgage or deed of trust at the address provided by the party.
(1) Recording of the declaration constitutes record notice of the lien. A lien for any delinquent assessment under this section up to the priority in payment provided in subdivision (b)(2) is perfected without recording. Any other delinquent amount above the priority of payment provided in subdivision (b)(2) is perfected by recording it in the lien book in the register of deeds office in the county where the real property is located, and shall have priority over any subsequently filed liens.
(2) The lien shall not have the priority provided for in subdivision (b)(2)(A) over the mortgages and deeds of trust described in subdivision (b)(1)(B) if the owner of the unit or the holder of any mortgage or deed of trust on the unit has notified the association in writing of the holder's name and address and the identity of the unit upon which it holds a first mortgage or deed of trust, and the association has failed, within thirty (30) days of the date that six (6) months of assessments for common expenses due from the unit became delinquent, to give written notice of the delinquency to the holder of the first mortgage or deed of trust at the address provided by the party.
(e) A lien for unpaid assessments is extinguished unless proceedings to enforce the lien are instituted within six (6) years after the date the lien for the assessment becomes effective.
(f) This section does not prohibit actions to recover sums for which subsection (a) creates a lien or prohibits an association from taking a deed in lieu of foreclosure.
(g) A judgment or decree in any action brought under this section must include costs and reasonable attorney's fees for the prevailing party.
(h) The association, upon written request, shall furnish to a unit owner, or to a holder of any mortgage or deed of trust encumbering the unit, or their respective authorized agents, a written statement setting forth the amount of unpaid assessments against the owner's unit. The statement must be furnished within seven (7) days after receipt of the request and is binding on the association.
Amended by 2016 Tenn. Acts, ch. 866,s 2, eff. 6/1/2016.
Amended by 2016 Tenn. Acts, ch. 866,s 1, eff. 6/1/2016.
Acts 2008, ch. 766, § 1.
Tenn. Code Ann. § 66-24-104 — TN Code / Title 66 / Chapter 24 / Section 66-24-104
Conveyances of personal property
Status: in_force

All deeds, bills of sale, agreements, and other instruments for the conveyance or mortgage of personal property shall be registered in the county where the vendor or person executing the same resides, and, in case of nonresidence of the vendor or the person executing, where the property is. Code 1858, § 2033 (deriv. Acts 1805, ch. 16, § 2; 1831, ch. 90, § 5); Shan., § 3706; Code 1932, § 7626; T.C.A. (orig. ed.), § 64-2404.
All deeds, bills of sale, agreements, and other instruments for the conveyance or mortgage of personal property shall be registered in the county where the vendor or person executing the same resides, and, in case of nonresidence of the vendor or the person executing, where the property is.
Code 1858, § 2033 (deriv. Acts 1805, ch. 16, § 2; 1831, ch. 90, § 5); Shan., § 3706; Code 1932, § 7626; T.C.A. (orig. ed.), § 64-2404.
Tenn. Code Ann. § 66-32-139 — TN Code / Title 66 / Chapter 32 / Section 66-32-139
Registration of acquisition agents - Penalties for prohibited activity and conduct - Commission's authority to promulgate rules and regulations
Status: in_force

(a) All acquisition agents and their representatives, as defined in § 66-32-102 , shall register with the commission and furnish such information as provided by commission regulation. The application for registration shall be accompanied by a twenty-five dollar ($25.00) registration fee. (b) The commission has the authority to assess civil penalties, or to suspend or revoke the registration of an acquisition agent, for any activity or conduct in violation of § 62-13-312 or § 66-32-121 . The commission also has the authority to promulgate rules and guidelines for the training and conduct of acquisition agents. Acts 2000, ch. 861, § 3.
(a) All acquisition agents and their representatives, as defined in § 66-32-102 , shall register with the commission and furnish such information as provided by commission regulation. The application for registration shall be accompanied by a twenty-five dollar ($25.00) registration fee.
(b) The commission has the authority to assess civil penalties, or to suspend or revoke the registration of an acquisition agent, for any activity or conduct in violation of § 62-13-312 or § 66-32-121 . The commission also has the authority to promulgate rules and guidelines for the training and conduct of acquisition agents.
Acts 2000, ch. 861, § 3.
Tenn. Code Ann. § 66-27-302 — TN Code / Title 66 / Chapter 27 / Section 66-27-302
Unit boundaries
Status: in_force

Except as provided by the declaration: (1) If walls, floors or ceilings are designated as boundaries of a unit, all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring, and any other materials constituting any part of the finished surfaces of the walls, floor or ceilings are a part of the unit, and all other portions of the walls, floors, or ceilings are a part of the common elements; (2) If any chute, flue, duct, wire, conduit, bearing wall, bearing column, or any other fixture lies partially within and partially outside the designated boundaries of a unit, any portion of the chute, flue, duct, wire, conduit, bearing wall, bearing column, or other fixture serving only that unit is a limited common element allocated solely to that unit, and any portion of the chute, flue, duct, wire, conduit, bearing wall, bearing column, or other fixture serving more than one (1) unit or any portion of the common elements is a part of the common elements; (3) Subject to subdivision (2), all spaces, interior partitions, and other fixtures and improvements within the boundaries of a unit are a part of the unit; and (4) Any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, patios, and all exterior doors and windows or other fixtures designed to serve a single unit, but located outside the unit's boundaries, are limited common elements allocated exclusively to that unit. Acts 2008, ch. 766, § 1.
Except as provided by the declaration:
(1) If walls, floors or ceilings are designated as boundaries of a unit, all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring, and any other materials constituting any part of the finished surfaces of the walls, floor or ceilings are a part of the unit, and all other portions of the walls, floors, or ceilings are a part of the common elements;
(2) If any chute, flue, duct, wire, conduit, bearing wall, bearing column, or any other fixture lies partially within and partially outside the designated boundaries of a unit, any portion of the chute, flue, duct, wire, conduit, bearing wall, bearing column, or other fixture serving only that unit is a limited common element allocated solely to that unit, and any portion of the chute, flue, duct, wire, conduit, bearing wall, bearing column, or other fixture serving more than one (1) unit or any portion of the common elements is a part of the common elements;
(3) Subject to subdivision (2), all spaces, interior partitions, and other fixtures and improvements within the boundaries of a unit are a part of the unit; and
(4) Any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, patios, and all exterior doors and windows or other fixtures designed to serve a single unit, but located outside the unit's boundaries, are limited common elements allocated exclusively to that unit.
Acts 2008, ch. 766, § 1.
Tenn. Code Ann. § 66-11-206 — TN Code / Title 66 / Chapter 11 / Section 66-11-206
Noncompliance by contractor - Misdemeanor - Penalties - Owner remedies
Status: in_force

(a) In the event that any materialmen's liens or mechanics' liens are perfected, filed or enforced under part 1 of this chapter against any real estate for transactions covered under §§ 66-11-203 and 66-11-205 and the contractor has not complied with §§ 66-11-203 and 66-11-205 or if having technically complied with this part has willfully, knowingly and unlawfully falsified any statements or fraudulently obtained any permission, the contractor commits a Class B misdemeanor. (b) Nothing contained in this part shall abrogate the right of any person who is materially or personally damaged or injured by any contract covered by this part to seek such person's remedies against the responsible person in the courts. (c) Noncompliance with §§ 66-11-203 and 66-11-205 shall in no way affect the lien rights of a contractor, actually performing the work and having a contract directly with an owner, or the owner's agent, to enforce a lien as provided in § 66-11-102 . Amended by 2020 Tenn. Acts, ch. 749, s 15, eff. 7/1/2020. Acts 1975, ch. 364, § 6; 1977, ch. 456, § 4; T.C.A., § 64-1157; Acts 1982, ch. 941, §§ 1, 2; 1989, ch. 591, § 112.
(a) In the event that any materialmen's liens or mechanics' liens are perfected, filed or enforced under part 1 of this chapter against any real estate for transactions covered under §§ 66-11-203 and 66-11-205 and the contractor has not complied with §§ 66-11-203 and 66-11-205 or if having technically complied with this part has willfully, knowingly and unlawfully falsified any statements or fraudulently obtained any permission, the contractor commits a Class B misdemeanor.
(b) Nothing contained in this part shall abrogate the right of any person who is materially or personally damaged or injured by any contract covered by this part to seek such person's remedies against the responsible person in the courts.
(c) Noncompliance with §§ 66-11-203 and 66-11-205 shall in no way affect the lien rights of a contractor, actually performing the work and having a contract directly with an owner, or the owner's agent, to enforce a lien as provided in § 66-11-102 .
Amended by 2020 Tenn. Acts, ch. 749, s 15, eff. 7/1/2020.
Acts 1975, ch. 364, § 6; 1977, ch. 456, § 4; T.C.A., § 64-1157; Acts 1982, ch. 941, §§ 1, 2; 1989, ch. 591, § 112.
Tenn. Code Ann. § 66-27-402 — TN Code / Title 66 / Chapter 27 / Section 66-27-402
Powers of unit owners' association
Status: in_force

(a) Except as provided in subsection (b), and subject to the declaration, the association, even if unincorporated, or if incorporated or a limited liability company even if subsequently dissolved administratively, may: (1) Adopt and amend bylaws, and rules and regulations; (2) Adopt and amend budgets for revenues, expenditures, and reserves and collect assessments for common expenses from unit owners; (3) Hire and discharge managing agents and other employees, agents, and independent contractors; (4) Institute, defend, or intervene in litigation or administrative proceedings in its own name on behalf of itself or two (2) or more unit owners on matters affecting the condominium; (5) Make contracts and incur liabilities; (6) Regulate the use, maintenance, repair, replacement, and modification of common elements; (7) Cause additional improvements to be made as a part of the common elements; (8) Acquire, hold, encumber, and convey in its own name any right, title, or interest to real or personal property, but common elements may be conveyed or subjected to a security interest only pursuant to § 66-27-412 ; (9) Grant easements, leases, licenses, and concessions through or over the common elements; (10) Impose and receive any payments, fees, or charges for the use, rental, or operation of the common elements, other than limited common elements described in § 66-27-302(2) and (4) , and for services provided to unit owners; (11) Impose charges for late payment of assessments and, after notice and an opportunity to be heard, levy reasonable fines for violations of the declaration, bylaws, and rules and regulations of the association; (12) Impose reasonable charges for the preparation and recordation of amendments to the declaration or the provision of information required by § 66-27-502 ; (13) Impose reasonable charges for services rendered in connection with the transfer of a unit; (14) Provide for the indemnification of its officers and members of its board of directors and maintain directors' and officers' liability insurance; (15) Assign its right to future income, including the right to receive common expense assessments, but, except for assignments of income to finance common expenses of the association, only to the extent the declaration expressly so provides; (16) Exercise any other powers conferred by the declaration or bylaws; (17) Exercise all other powers that may be exercised in this state by legal entities of the same type as the association; and (18) Exercise any other powers necessary and proper for the governance and operation of the association. (b) The declaration may not impose limitations on the power of the association to deal with the declarant, its agents or contractors, that are more restrictive than the limitations imposed on the power of the association to deal with other persons. Acts 2008, ch. 766, § 1.
(a) Except as provided in subsection (b), and subject to the declaration, the association, even if unincorporated, or if incorporated or a limited liability company even if subsequently dissolved administratively, may: (1) Adopt and amend bylaws, and rules and regulations; (2) Adopt and amend budgets for revenues, expenditures, and reserves and collect assessments for common expenses from unit owners; (3) Hire and discharge managing agents and other employees, agents, and independent contractors; (4) Institute, defend, or intervene in litigation or administrative proceedings in its own name on behalf of itself or two (2) or more unit owners on matters affecting the condominium; (5) Make contracts and incur liabilities; (6) Regulate the use, maintenance, repair, replacement, and modification of common elements; (7) Cause additional improvements to be made as a part of the common elements; (8) Acquire, hold, encumber, and convey in its own name any right, title, or interest to real or personal property, but common elements may be conveyed or subjected to a security interest only pursuant to § 66-27-412 ; (9) Grant easements, leases, licenses, and concessions through or over the common elements; (10) Impose and receive any payments, fees, or charges for the use, rental, or operation of the common elements, other than limited common elements described in § 66-27-302(2) and (4) , and for services provided to unit owners; (11) Impose charges for late payment of assessments and, after notice and an opportunity to be heard, levy reasonable fines for violations of the declaration, bylaws, and rules and regulations of the association; (12) Impose reasonable charges for the preparation and recordation of amendments to the declaration or the provision of information required by § 66-27-502 ; (13) Impose reasonable charges for services rendered in connection with the transfer of a unit; (14) Provide for the indemnification of its officers and members of its board of directors and maintain directors' and officers' liability insurance; (15) Assign its right to future income, including the right to receive common expense assessments, but, except for assignments of income to finance common expenses of the association, only to the extent the declaration expressly so provides; (16) Exercise any other powers conferred by the declaration or bylaws; (17) Exercise all other powers that may be exercised in this state by legal entities of the same type as the association; and (18) Exercise any other powers necessary and proper for the governance and operation of the association.
(1) Adopt and amend bylaws, and rules and regulations;
(2) Adopt and amend budgets for revenues, expenditures, and reserves and collect assessments for common expenses from unit owners;
(3) Hire and discharge managing agents and other employees, agents, and independent contractors;
(4) Institute, defend, or intervene in litigation or administrative proceedings in its own name on behalf of itself or two (2) or more unit owners on matters affecting the condominium;
(5) Make contracts and incur liabilities;
(6) Regulate the use, maintenance, repair, replacement, and modification of common elements;
(7) Cause additional improvements to be made as a part of the common elements;
(8) Acquire, hold, encumber, and convey in its own name any right, title, or interest to real or personal property, but common elements may be conveyed or subjected to a security interest only pursuant to § 66-27-412 ;
(9) Grant easements, leases, licenses, and concessions through or over the common elements;
(10) Impose and receive any payments, fees, or charges for the use, rental, or operation of the common elements, other than limited common elements described in § 66-27-302(2) and (4) , and for services provided to unit owners;
(11) Impose charges for late payment of assessments and, after notice and an opportunity to be heard, levy reasonable fines for violations of the declaration, bylaws, and rules and regulations of the association;
(12) Impose reasonable charges for the preparation and recordation of amendments to the declaration or the provision of information required by § 66-27-502 ;
(13) Impose reasonable charges for services rendered in connection with the transfer of a unit;
(14) Provide for the indemnification of its officers and members of its board of directors and maintain directors' and officers' liability insurance;
(15) Assign its right to future income, including the right to receive common expense assessments, but, except for assignments of income to finance common expenses of the association, only to the extent the declaration expressly so provides;
(16) Exercise any other powers conferred by the declaration or bylaws;
(17) Exercise all other powers that may be exercised in this state by legal entities of the same type as the association; and
(18) Exercise any other powers necessary and proper for the governance and operation of the association.
(b) The declaration may not impose limitations on the power of the association to deal with the declarant, its agents or contractors, that are more restrictive than the limitations imposed on the power of the association to deal with other persons.
Acts 2008, ch. 766, § 1.
Tenn. Code Ann. § 66-38-101 — TN Code / Title 66 / Chapter 38 / Section 66-38-101
[For Repeal, See Note] Transferred
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 902,s 2, eff. . Added by 2024 Tenn. Acts, ch. 902,s 1, eff. 5/3/2024.
Repealed by 2024 Tenn. Acts, ch. 902,s 2, eff. .
Added by 2024 Tenn. Acts, ch. 902,s 1, eff. 5/3/2024.
Tenn. Code Ann. § 66-27-303 — TN Code / Title 66 / Chapter 27 / Section 66-27-303
Construction and validity of declaration and bylaws
Status: in_force

(a) All provisions of the declaration and bylaws are severable. (b) The rule against perpetuities may not be applied to defeat any provision of the declaration, or the bylaws, rules, or regulations adopted pursuant to § 66-27-402(a)(1) . (c) In the event of a conflict between the declaration and the bylaws, the declaration prevails except to the extent the declaration is inconsistent with part 2, this part and parts 4 and 5 of this chapter. (d) Title to a unit and common elements is not rendered unmarketable or otherwise affected by reason of an insubstantial failure of the declaration to comply with part 2, this part and parts 4 and 5 of this chapter. Whether a substantial failure impairs marketability is not affected by part 2, this part and parts 4 and 5 of this chapter. Acts 2008, ch. 766, § 1.
(a) All provisions of the declaration and bylaws are severable.
(b) The rule against perpetuities may not be applied to defeat any provision of the declaration, or the bylaws, rules, or regulations adopted pursuant to § 66-27-402(a)(1) .
(c) In the event of a conflict between the declaration and the bylaws, the declaration prevails except to the extent the declaration is inconsistent with part 2, this part and parts 4 and 5 of this chapter.
(d) Title to a unit and common elements is not rendered unmarketable or otherwise affected by reason of an insubstantial failure of the declaration to comply with part 2, this part and parts 4 and 5 of this chapter. Whether a substantial failure impairs marketability is not affected by part 2, this part and parts 4 and 5 of this chapter.
Acts 2008, ch. 766, § 1.
Tenn. Code Ann. § 66-11-133 — TN Code / Title 66 / Chapter 11 / Section 66-11-133
Adjudication of conflicting rights in consolidated proceeding
Status: in_force

The court is authorized to adjudicate, in a consolidated proceeding, the conflicting rights of the parties claiming liens, among themselves; and to enforce the same according to priorities, if any. Amended by 2020 Tenn. Acts, ch. 749, s 6, eff. 7/1/2020. Code 1858, § 3545; Shan., § 5308; mod. Code 1932, § 7951; T.C.A. (orig. ed.), § 64-1133; Acts 2007 , ch. 189, § 32.
The court is authorized to adjudicate, in a consolidated proceeding, the conflicting rights of the parties claiming liens, among themselves; and to enforce the same according to priorities, if any.
Amended by 2020 Tenn. Acts, ch. 749, s 6, eff. 7/1/2020.
Code 1858, § 3545; Shan., § 5308; mod. Code 1932, § 7951; T.C.A. (orig. ed.), § 64-1133; Acts 2007 , ch. 189, § 32.
Tenn. Code Ann. § 66-7-110 — TN Code / Title 66 / Chapter 7 / Section 66-7-110
Rental termination rights for persons with physical disabilities
Status: in_force

A person with a physical disability shall be permitted to terminate a rental lease relative to such person's primary residence without incurring penalties or being obligated to pay rent after ceasing to occupy the property if such person is accepted as a resident of a public housing facility, unless the person's current landlord has made significant modifications to the residence to address issues of accessibility for persons with a physical disability. The person with a physical disability who terminates a rental lease pursuant to this section shall present written evidence of the public housing facility acceptance to the rental leaseholder and the rental leaseholder shall provide written acknowledgement of the lease termination to the lessee. For the purposes of this section, a "person with a physical disability" means a person who meets the standard for being "permanently and totally disabled" under § 71-4-1102 . Acts 2001, ch. 169, §1; 2011 , ch. 47, § 70.
A person with a physical disability shall be permitted to terminate a rental lease relative to such person's primary residence without incurring penalties or being obligated to pay rent after ceasing to occupy the property if such person is accepted as a resident of a public housing facility, unless the person's current landlord has made significant modifications to the residence to address issues of accessibility for persons with a physical disability. The person with a physical disability who terminates a rental lease pursuant to this section shall present written evidence of the public housing facility acceptance to the rental leaseholder and the rental leaseholder shall provide written acknowledgement of the lease termination to the lessee. For the purposes of this section, a "person with a physical disability" means a person who meets the standard for being "permanently and totally disabled" under § 71-4-1102 .
Acts 2001, ch. 169, §1; 2011 , ch. 47, § 70.
Tenn. Code Ann. § 66-30-104 — TN Code / Title 66 / Chapter 30 / Section 66-30-104
Lien against real estate
Status: in_force

A residential ground rent shall constitute a lien against the real estate from the time it is recorded, in a like manner as would a deed of trust or mortgage. Any deed of trust or mortgage on the interest of the obligor in the real estate may provide that a default in payment of ground rent shall constitute a material default in such deed of trust or mortgage; that the trustee or beneficiary thereunder may satisfy such obligation for rent, and that the money so advanced, with interest thereon, shall be a part of the debt secured, to be repaid as provided by law, and such trustee or beneficiary shall be subrogated to the rights of the obligee in the real estate to the extent of such advancement and interest. Acts 1980, ch. 735, § 1; T.C.A., § 64-3004.
A residential ground rent shall constitute a lien against the real estate from the time it is recorded, in a like manner as would a deed of trust or mortgage. Any deed of trust or mortgage on the interest of the obligor in the real estate may provide that a default in payment of ground rent shall constitute a material default in such deed of trust or mortgage; that the trustee or beneficiary thereunder may satisfy such obligation for rent, and that the money so advanced, with interest thereon, shall be a part of the debt secured, to be repaid as provided by law, and such trustee or beneficiary shall be subrogated to the rights of the obligee in the real estate to the extent of such advancement and interest.
Acts 1980, ch. 735, § 1; T.C.A., § 64-3004.
Tenn. Code Ann. § 66-10-102 — TN Code / Title 66 / Chapter 10 / Section 66-10-102
Jurisdiction to enforce against land
Status: in_force

The court of chancery has jurisdiction to enforce the vendor's lien when the amount due is fifty dollars ($50.00) and over. Code 1932, § 8041; Acts 1933, ch. 96, § 1; C. Supp. 1950, §8041; T.C.A. (orig. ed.), § 64-1003.
The court of chancery has jurisdiction to enforce the vendor's lien when the amount due is fifty dollars ($50.00) and over.
Code 1932, § 8041; Acts 1933, ch. 96, § 1; C. Supp. 1950, §8041; T.C.A. (orig. ed.), § 64-1003.
Tenn. Code Ann. § 66-28-518 — TN Code / Title 66 / Chapter 28 / Section 66-28-518
Towing of unauthorized vehicles
Status: in_force

(a) A landlord may have an unauthorized vehicle towed or otherwise removed from real property leased or rented by such landlord for residential purposes, upon giving ten (10) days written notice by posting the same upon the subject vehicle. (b) A landlord may have a tenant's, occupant's, tenant's guest's, or trespasser's vehicle immediately towed or otherwise removed from such real property, without notice, if and when such person fails to comply with the landlord's permit parking policy as defined in the landlord's posted signage. (c) A landlord may have a tenant's, occupant's, tenant's guest's, or trespasser's vehicle immediately towed or otherwise removed from such real property, without notice, for such person's failure to comply with the landlord's posted signage relative to traffic and parking restrictions, including, but not limited to, traffic lanes, fire lanes, fire hydrants, accessible parking areas for persons with disabilities, and/or the blocking of trash receptacles. (d) The owner or lessee of a vehicle that has been removed pursuant to this section may make application to take possession of such vehicle and remove such vehicle from the place to which it has been removed or stored by paying the costs of removing such vehicle, plus the accrued towing and storage charges. Acts 1999, ch. 284, § 1; 2011, ch. 47, § 72.
(a) A landlord may have an unauthorized vehicle towed or otherwise removed from real property leased or rented by such landlord for residential purposes, upon giving ten (10) days written notice by posting the same upon the subject vehicle.
(b) A landlord may have a tenant's, occupant's, tenant's guest's, or trespasser's vehicle immediately towed or otherwise removed from such real property, without notice, if and when such person fails to comply with the landlord's permit parking policy as defined in the landlord's posted signage.
(c) A landlord may have a tenant's, occupant's, tenant's guest's, or trespasser's vehicle immediately towed or otherwise removed from such real property, without notice, for such person's failure to comply with the landlord's posted signage relative to traffic and parking restrictions, including, but not limited to, traffic lanes, fire lanes, fire hydrants, accessible parking areas for persons with disabilities, and/or the blocking of trash receptacles.
(d) The owner or lessee of a vehicle that has been removed pursuant to this section may make application to take possession of such vehicle and remove such vehicle from the place to which it has been removed or stored by paying the costs of removing such vehicle, plus the accrued towing and storage charges.
Acts 1999, ch. 284, § 1; 2011, ch. 47, § 72.
Tenn. Code Ann. § 66-29-115 — TN Code / Title 66 / Chapter 29 / Section 66-29-115
Deposit account for proceeds of insurance policy or annuity contract
Status: in_force

If proceeds payable under a life or endowment insurance policy or annuity contract are deposited into an account with check or draft writing privileges for the beneficiary of the policy or contract, and the proceeds are retained by the insurance company or its agent under a supplementary contract not involving annuity benefits other than death benefits, the policy or contract includes the assets in the account. Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017. Acts 1978, ch. 561, § 15; T.C.A., § 64-2915; Acts 1982, ch. 575, § 1; 1983, ch. 78, § 5; 1993, ch. 195, § 17; 1996, ch. 642, § 3; 2001, ch. 157, §§ 4, 5, 7; 2001, ch. 291, § 1; 2011, ch. 285, §§ 4, 5.
If proceeds payable under a life or endowment insurance policy or annuity contract are deposited into an account with check or draft writing privileges for the beneficiary of the policy or contract, and the proceeds are retained by the insurance company or its agent under a supplementary contract not involving annuity benefits other than death benefits, the policy or contract includes the assets in the account.
Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Acts 1978, ch. 561, § 15; T.C.A., § 64-2915; Acts 1982, ch. 575, § 1; 1983, ch. 78, § 5; 1993, ch. 195, § 17; 1996, ch. 642, § 3; 2001, ch. 157, §§ 4, 5, 7; 2001, ch. 291, § 1; 2011, ch. 285, §§ 4, 5.
Tenn. Code Ann. § 66-29-155 — TN Code / Title 66 / Chapter 29 / Section 66-29-155
Action by person whose claim is denied or not acted upon
Status: in_force

Not later than one (1) year after filing a claim with the treasurer under § 66-29-152 , the claimant may commence an action against the treasurer in the chancery court for Davidson County to appeal a claim that has been denied or upon which the treasurer has not acted. A copy of the complaint must be served on the treasurer and the attorney general and reporter. The suit must be tried without a jury. If the chancery court rules against the treasurer, the treasurer shall make payment in accordance with § 66-29-153 . Any aggrieved party may appeal the decision. Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017. Acts 2011, ch. 285, § 2.
Not later than one (1) year after filing a claim with the treasurer under § 66-29-152 , the claimant may commence an action against the treasurer in the chancery court for Davidson County to appeal a claim that has been denied or upon which the treasurer has not acted. A copy of the complaint must be served on the treasurer and the attorney general and reporter. The suit must be tried without a jury. If the chancery court rules against the treasurer, the treasurer shall make payment in accordance with § 66-29-153 . Any aggrieved party may appeal the decision.
Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Acts 2011, ch. 285, § 2.
Tenn. Code Ann. § 66-14-101 — TN Code / Title 66 / Chapter 14 / Section 66-14-101
Right to sell unclaimed articles left for repairs
Status: in_force

(a) Silversmiths, lock and gunsmiths, blacksmiths, watchmakers and repairers, and artisans generally, who do work for the public, shall have the common law lien, and the right, at the expiration of six (6) months from the time of the contract and the leaving with them of the goods or products to be repaired, developed, processed or improved, if not claimed or called for by the owner, to sell the same at public outcry after complying with this chapter. (b) "Artisans" are further defined as including persons who make, clean, mend, repair, alter or otherwise perform work on shoes or boots, as well as persons with whom are left goods or products to be repaired, developed, processed, or improved. (c) The lien established by this section shall not apply to work performed on a "motor vehicle" as defined in § 55-12-102 . Acts 1935, ch. 53, § 1; C. Supp. 1950, § 7984; Acts 1959, ch. 127, §1; 1965, ch. 276, § 1; T.C.A. (orig. ed.), § 64-1401; Acts 1998, ch. 760, § 1.
(a) Silversmiths, lock and gunsmiths, blacksmiths, watchmakers and repairers, and artisans generally, who do work for the public, shall have the common law lien, and the right, at the expiration of six (6) months from the time of the contract and the leaving with them of the goods or products to be repaired, developed, processed or improved, if not claimed or called for by the owner, to sell the same at public outcry after complying with this chapter.
(b) "Artisans" are further defined as including persons who make, clean, mend, repair, alter or otherwise perform work on shoes or boots, as well as persons with whom are left goods or products to be repaired, developed, processed, or improved.
(c) The lien established by this section shall not apply to work performed on a "motor vehicle" as defined in § 55-12-102 .
Acts 1935, ch. 53, § 1; C. Supp. 1950, § 7984; Acts 1959, ch. 127, §1; 1965, ch. 276, § 1; T.C.A. (orig. ed.), § 64-1401; Acts 1998, ch. 760, § 1.
Tenn. Code Ann. § 66-25-106 — TN Code / Title 66 / Chapter 25 / Section 66-25-106
Costs paid by lienor - Fees
Status: in_force

(a) All costs of making entry of partial or entire payments upon the record, or for registering a formal release, shall be paid by the holder of the debt secured by the mortgage, deed of trust, or other lien. (b) Notwithstanding the obligation of the holder of the debt to make the payment of costs set forth in subsection (a), the holder may assess and collect fees from the borrower of the debt secured by the mortgage, deed of trust, or other lien for all anticipated or actual costs to make entry of partial or entire payments upon the record, or for registering a formal release. Amended by 2023 Tenn. Acts, ch. 28, s 3, eff. 3/10/2023. Acts 1907, ch. 473, § 3; Shan., § 3704a3; mod. Code 1932, § 8073; T.C.A. (orig. ed.), § 64-2520; T.C.A., § 66-25-115 .
(a) All costs of making entry of partial or entire payments upon the record, or for registering a formal release, shall be paid by the holder of the debt secured by the mortgage, deed of trust, or other lien.
(b) Notwithstanding the obligation of the holder of the debt to make the payment of costs set forth in subsection (a), the holder may assess and collect fees from the borrower of the debt secured by the mortgage, deed of trust, or other lien for all anticipated or actual costs to make entry of partial or entire payments upon the record, or for registering a formal release.
Amended by 2023 Tenn. Acts, ch. 28, s 3, eff. 3/10/2023.
Acts 1907, ch. 473, § 3; Shan., § 3704a3; mod. Code 1932, § 8073; T.C.A. (orig. ed.), § 64-2520; T.C.A., § 66-25-115 .
Tenn. Code Ann. § 66-20-101 — TN Code / Title 66 / Chapter 20 / Section 66-20-101
Pasturage lien
Status: in_force

When any horse or other animal is received to pasture for a consideration, the farmer shall have a lien upon the animal for the farmer's proper charges, the same as the innkeeper's lien at common law; and in addition the farmer shall have a statutory lien for six (6) months. Acts 1868-1869, ch. 16, § 1; Shan., § 3552; Code 1932, §7975; T.C.A. (orig. ed.), § 64-2001.
When any horse or other animal is received to pasture for a consideration, the farmer shall have a lien upon the animal for the farmer's proper charges, the same as the innkeeper's lien at common law; and in addition the farmer shall have a statutory lien for six (6) months.
Acts 1868-1869, ch. 16, § 1; Shan., § 3552; Code 1932, §7975; T.C.A. (orig. ed.), § 64-2001.
Tenn. Code Ann. § 66-25-104 — TN Code / Title 66 / Chapter 25 / Section 66-25-104
Right to forfeiture not lost by transfer of property
Status: in_force

The right of action for forfeiture provided by §§ 66-25-102 and 66-25-103 shall be considered as a personal right, and shall not be lost or waived by the sale of the property covered by the mortgage, or deed of trust, or other lien before a demand was made for a release on the records. Acts 1907, ch. 473, § 4; Shan., § 3704a4; mod. Code 1932, § 8072; T.C.A. (orig. ed.), § 64-2504.
The right of action for forfeiture provided by §§ 66-25-102 and 66-25-103 shall be considered as a personal right, and shall not be lost or waived by the sale of the property covered by the mortgage, or deed of trust, or other lien before a demand was made for a release on the records.
Acts 1907, ch. 473, § 4; Shan., § 3704a4; mod. Code 1932, § 8072; T.C.A. (orig. ed.), § 64-2504.
Tenn. Code Ann. § 66-34-101 — TN Code / Title 66 / Chapter 34 / Section 66-34-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Prompt Pay Act of 1991." Acts 1991, ch. 45, § 1.
This chapter shall be known and may be cited as the "Prompt Pay Act of 1991."
Acts 1991, ch. 45, § 1.
Tenn. Code Ann. § 66-29-134 — TN Code / Title 66 / Chapter 29 / Section 66-29-134
Payment or delivery of property to treasurer
Status: in_force

(a) Except as otherwise provided in this section, upon filing a report under § 66-29-123 , the holder shall pay or deliver to the treasurer the property described in the report. Property paid to the treasurer must be remitted through an electronic funds transfer as prescribed by the treasurer. The treasurer may waive the requirement to submit payment by electronic means for holders who demonstrate in writing that compliance would be too costly or oppressive to the holder. (b) Any unclaimed checks held by the state that were derived from one hundred percent (100%) federal funding must not be delivered to the treasurer under this part if such delivery would render the state ineligible for future federal funding. Upon written request and for good cause shown, the treasurer may postpone the payment or delivery upon such terms and conditions as the treasurer deems necessary and appropriate. (c) If property in a report under § 66-29-123 is an automatically renewable deposit and a penalty or forfeiture in the payment of interest would result from paying the deposit to the treasurer at the time of the report, the date for payment of the property to the treasurer is extended until the date when payment would no longer result in a penalty or forfeiture if the holder informs the treasurer of such date. (d) Except for military medals, tangible property must not be delivered to the treasurer at the time of filing the report. The treasurer shall review the report of such property and be given the opportunity to decline to receive any such property reported if the treasurer determines that the value of the property is less than the cost of giving notice and holding sale, or the treasurer may, because of the small sum involved, postpone taking possession until property of a sufficient value accumulates. Unless the holder of such property is notified to the contrary within one hundred twenty (120) days after filing the report required under § 66-29-123 , the treasurer is deemed to have elected to receive custody of the property and the holder thereof shall, at the end of such one hundred twenty (120) days, pay or deliver such property to the treasurer. (e) Notwithstanding any provision of this section to the contrary, contents removed from any safe deposit box, safekeeping repository or agency, or collateral deposit box described in § 66-29-109 , except for military medals, must be sold or disposed of by the holder in accordance with § 45-2-907 , or pursuant to instructions received from the treasurer, and the proceeds, less reasonable costs of sale and storage, must be remitted to the treasurer within sixty (60) days of sale. Military medals must be retained, and reported and delivered to the treasurer, in accordance with § 66-29-109(b) . (f) If property reported to the treasurer under § 66-29-123 is a security, the treasurer may: (1) Make an endorsement, instruction, or entitlement order on behalf of the apparent owner to invoke the duty of the issuer, its transfer agent, or the securities intermediary to transfer the security; or (2) Dispose of the security under § 66-29-142 . (g) If the holder of property reported to the treasurer under § 66-29-123 is the issuer of a certificated security, the treasurer may obtain a replacement certificate in physical or book-entry form in the manner in which an owner may obtain a replacement certificate under § 47-8-405 . An indemnity bond is not required. (h) The treasurer shall establish procedures for the registration, issuance, method of delivery, transfer, and maintenance of securities delivered to the treasurer by a holder. (i) An issuer, holder, or transfer agent, or other person acting under the instructions of, and on behalf of, the issuer or holder under this section, who delivers abandoned property to the treasurer under this part is relieved of all liability to the extent of the value of the property delivered for any claim which then exists or which thereafter may arise or be made in respect to the property. (j) A holder is not required to deliver to the treasurer a security identified by the holder as a non-freely transferable security. Upon determination by the treasurer or the holder that a security is no longer a non-freely transferable security, the security must be subsequently remitted on the next regular date prescribed for delivery of securities under this part. The holder shall make a determination annually whether a security identified in a report filed under § 66-29-123 as a non-freely transferable security is no longer a non-freely transferable security. (k) (1) Notwithstanding this part, United States savings bonds that are unclaimed and presumptively abandoned under this part shall escheat to the state at the time of the presumed abandonment, and all property rights to such United States savings bonds or proceeds from such bonds shall thereupon vest solely in the state. (2) Within one hundred eighty (180) days after the bonds and obligations thereunder have been reported by a holder pursuant to § 66-29-123 , if no claim has been filed in accordance with this part for such United States bonds and obligations, the treasurer shall commence a civil action in the chancery court of Davidson County to determine whether such United States savings bonds shall escheat to the state. The treasurer may postpone the bringing of such action until sufficient United States savings bonds have accumulated in the treasurer's custody to justify the expense of such proceedings. (3) The summons and complaint must name the last known owner as the defendant, and must be served and filed as provided by law. At the time of the filing of the summons and complaint, the treasurer shall mail to the last known address of the owner a notice entitled "Notice of Proceedings to Confirm Certain United States Savings Bonds as Escheated to the State of Tennessee," which must include the following information: (A) The name and last known address of the owner, if previously reported; (B) A statement identifying the action and stating that its purpose is to confirm escheat of the property to the state; (C) The place, time, and date of the hearing; and (D) A direction that any person claiming to be entitled to such United States savings bonds may claim the property before or at the hearing. (4) At the time the action is commenced, the treasurer, as to all items having a value in excess of fifty dollars ($50.00), shall also cause the notice provided in subdivision (k)(3) to be published once each week for two (2) consecutive weeks in a newspaper having general circulation in the county in which the last known address of the owner is located, according to the records on file with the treasurer. If no address is available, the notice must be published in such time, place, and manner as, in the treasurer's judgment, is most likely to notify the owner of the proceedings. (5) If no person files a claim or appears at the hearing to substantiate a claim, or if the court determines that a claimant is not entitled to the property claimed by such claimant, then the court, if satisfied by evidence that the treasurer has substantially complied with this section, shall enter a judgment confirming that the subject United States savings bonds have escheated to the state. (6) The treasurer shall redeem such United States savings bonds escheated to the state and the proceeds from such redemption must be deposited in accordance with § 66-29-146 . (7) Any person making a claim for United States savings bonds escheated to the state under this subsection (k), or for the proceeds from such bonds, may file a claim in accordance with § 66-29-152 . Upon receiving sufficient proof of the validity of such person's claim, the treasurer may pay such claim in accordance with § 66-29-153 . Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017. Acts 1987, ch. 43, § 3.
(a) Except as otherwise provided in this section, upon filing a report under § 66-29-123 , the holder shall pay or deliver to the treasurer the property described in the report. Property paid to the treasurer must be remitted through an electronic funds transfer as prescribed by the treasurer. The treasurer may waive the requirement to submit payment by electronic means for holders who demonstrate in writing that compliance would be too costly or oppressive to the holder.
(b) Any unclaimed checks held by the state that were derived from one hundred percent (100%) federal funding must not be delivered to the treasurer under this part if such delivery would render the state ineligible for future federal funding. Upon written request and for good cause shown, the treasurer may postpone the payment or delivery upon such terms and conditions as the treasurer deems necessary and appropriate.
(c) If property in a report under § 66-29-123 is an automatically renewable deposit and a penalty or forfeiture in the payment of interest would result from paying the deposit to the treasurer at the time of the report, the date for payment of the property to the treasurer is extended until the date when payment would no longer result in a penalty or forfeiture if the holder informs the treasurer of such date.
(d) Except for military medals, tangible property must not be delivered to the treasurer at the time of filing the report. The treasurer shall review the report of such property and be given the opportunity to decline to receive any such property reported if the treasurer determines that the value of the property is less than the cost of giving notice and holding sale, or the treasurer may, because of the small sum involved, postpone taking possession until property of a sufficient value accumulates. Unless the holder of such property is notified to the contrary within one hundred twenty (120) days after filing the report required under § 66-29-123 , the treasurer is deemed to have elected to receive custody of the property and the holder thereof shall, at the end of such one hundred twenty (120) days, pay or deliver such property to the treasurer.
(e) Notwithstanding any provision of this section to the contrary, contents removed from any safe deposit box, safekeeping repository or agency, or collateral deposit box described in § 66-29-109 , except for military medals, must be sold or disposed of by the holder in accordance with § 45-2-907 , or pursuant to instructions received from the treasurer, and the proceeds, less reasonable costs of sale and storage, must be remitted to the treasurer within sixty (60) days of sale. Military medals must be retained, and reported and delivered to the treasurer, in accordance with § 66-29-109(b) .
(f) If property reported to the treasurer under § 66-29-123 is a security, the treasurer may: (1) Make an endorsement, instruction, or entitlement order on behalf of the apparent owner to invoke the duty of the issuer, its transfer agent, or the securities intermediary to transfer the security; or (2) Dispose of the security under § 66-29-142 .
(1) Make an endorsement, instruction, or entitlement order on behalf of the apparent owner to invoke the duty of the issuer, its transfer agent, or the securities intermediary to transfer the security; or
(2) Dispose of the security under § 66-29-142 .
(g) If the holder of property reported to the treasurer under § 66-29-123 is the issuer of a certificated security, the treasurer may obtain a replacement certificate in physical or book-entry form in the manner in which an owner may obtain a replacement certificate under § 47-8-405 . An indemnity bond is not required.
(h) The treasurer shall establish procedures for the registration, issuance, method of delivery, transfer, and maintenance of securities delivered to the treasurer by a holder.
(i) An issuer, holder, or transfer agent, or other person acting under the instructions of, and on behalf of, the issuer or holder under this section, who delivers abandoned property to the treasurer under this part is relieved of all liability to the extent of the value of the property delivered for any claim which then exists or which thereafter may arise or be made in respect to the property.
(j) A holder is not required to deliver to the treasurer a security identified by the holder as a non-freely transferable security. Upon determination by the treasurer or the holder that a security is no longer a non-freely transferable security, the security must be subsequently remitted on the next regular date prescribed for delivery of securities under this part. The holder shall make a determination annually whether a security identified in a report filed under § 66-29-123 as a non-freely transferable security is no longer a non-freely transferable security.
(k) (1) Notwithstanding this part, United States savings bonds that are unclaimed and presumptively abandoned under this part shall escheat to the state at the time of the presumed abandonment, and all property rights to such United States savings bonds or proceeds from such bonds shall thereupon vest solely in the state. (2) Within one hundred eighty (180) days after the bonds and obligations thereunder have been reported by a holder pursuant to § 66-29-123 , if no claim has been filed in accordance with this part for such United States bonds and obligations, the treasurer shall commence a civil action in the chancery court of Davidson County to determine whether such United States savings bonds shall escheat to the state. The treasurer may postpone the bringing of such action until sufficient United States savings bonds have accumulated in the treasurer's custody to justify the expense of such proceedings. (3) The summons and complaint must name the last known owner as the defendant, and must be served and filed as provided by law. At the time of the filing of the summons and complaint, the treasurer shall mail to the last known address of the owner a notice entitled "Notice of Proceedings to Confirm Certain United States Savings Bonds as Escheated to the State of Tennessee," which must include the following information: (A) The name and last known address of the owner, if previously reported; (B) A statement identifying the action and stating that its purpose is to confirm escheat of the property to the state; (C) The place, time, and date of the hearing; and (D) A direction that any person claiming to be entitled to such United States savings bonds may claim the property before or at the hearing. (4) At the time the action is commenced, the treasurer, as to all items having a value in excess of fifty dollars ($50.00), shall also cause the notice provided in subdivision (k)(3) to be published once each week for two (2) consecutive weeks in a newspaper having general circulation in the county in which the last known address of the owner is located, according to the records on file with the treasurer. If no address is available, the notice must be published in such time, place, and manner as, in the treasurer's judgment, is most likely to notify the owner of the proceedings. (5) If no person files a claim or appears at the hearing to substantiate a claim, or if the court determines that a claimant is not entitled to the property claimed by such claimant, then the court, if satisfied by evidence that the treasurer has substantially complied with this section, shall enter a judgment confirming that the subject United States savings bonds have escheated to the state. (6) The treasurer shall redeem such United States savings bonds escheated to the state and the proceeds from such redemption must be deposited in accordance with § 66-29-146 . (7) Any person making a claim for United States savings bonds escheated to the state under this subsection (k), or for the proceeds from such bonds, may file a claim in accordance with § 66-29-152 . Upon receiving sufficient proof of the validity of such person's claim, the treasurer may pay such claim in accordance with § 66-29-153 .
(1) Notwithstanding this part, United States savings bonds that are unclaimed and presumptively abandoned under this part shall escheat to the state at the time of the presumed abandonment, and all property rights to such United States savings bonds or proceeds from such bonds shall thereupon vest solely in the state.
(2) Within one hundred eighty (180) days after the bonds and obligations thereunder have been reported by a holder pursuant to § 66-29-123 , if no claim has been filed in accordance with this part for such United States bonds and obligations, the treasurer shall commence a civil action in the chancery court of Davidson County to determine whether such United States savings bonds shall escheat to the state. The treasurer may postpone the bringing of such action until sufficient United States savings bonds have accumulated in the treasurer's custody to justify the expense of such proceedings.
(3) The summons and complaint must name the last known owner as the defendant, and must be served and filed as provided by law. At the time of the filing of the summons and complaint, the treasurer shall mail to the last known address of the owner a notice entitled "Notice of Proceedings to Confirm Certain United States Savings Bonds as Escheated to the State of Tennessee," which must include the following information: (A) The name and last known address of the owner, if previously reported; (B) A statement identifying the action and stating that its purpose is to confirm escheat of the property to the state; (C) The place, time, and date of the hearing; and (D) A direction that any person claiming to be entitled to such United States savings bonds may claim the property before or at the hearing.
(A) The name and last known address of the owner, if previously reported;
(B) A statement identifying the action and stating that its purpose is to confirm escheat of the property to the state;
(C) The place, time, and date of the hearing; and
(D) A direction that any person claiming to be entitled to such United States savings bonds may claim the property before or at the hearing.
(4) At the time the action is commenced, the treasurer, as to all items having a value in excess of fifty dollars ($50.00), shall also cause the notice provided in subdivision (k)(3) to be published once each week for two (2) consecutive weeks in a newspaper having general circulation in the county in which the last known address of the owner is located, according to the records on file with the treasurer. If no address is available, the notice must be published in such time, place, and manner as, in the treasurer's judgment, is most likely to notify the owner of the proceedings.
(5) If no person files a claim or appears at the hearing to substantiate a claim, or if the court determines that a claimant is not entitled to the property claimed by such claimant, then the court, if satisfied by evidence that the treasurer has substantially complied with this section, shall enter a judgment confirming that the subject United States savings bonds have escheated to the state.
(6) The treasurer shall redeem such United States savings bonds escheated to the state and the proceeds from such redemption must be deposited in accordance with § 66-29-146 .
(7) Any person making a claim for United States savings bonds escheated to the state under this subsection (k), or for the proceeds from such bonds, may file a claim in accordance with § 66-29-152 . Upon receiving sufficient proof of the validity of such person's claim, the treasurer may pay such claim in accordance with § 66-29-153 .
Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Acts 1987, ch. 43, § 3.
Tenn. Code Ann. § 66-29-182 — TN Code / Title 66 / Chapter 29 / Section 66-29-182
Uniformity of application and construction
Status: in_force

In applying and construing this part, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it. Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
In applying and construing this part, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Tenn. Code Ann. § 66-29-138 — TN Code / Title 66 / Chapter 29 / Section 66-29-138
Treasurer's options as to custody
Status: in_force

(a) The treasurer may decline to take custody of property reported under § 66-29-123 if the treasurer determines that: (1) The property has a value less than the estimated expenses of notice and sale of the property; or (2) Taking custody of the property would be unlawful. (b) A holder may pay or deliver property to the treasurer before the property is presumed abandoned under this part if the holder: (1) Sends the apparent owner of the property any notice required by § 66-29-128 and provides the treasurer evidence of the holder's compliance with this subdivision (b)(1); (2) Includes with the payment or delivery a report regarding the property in accordance with § 66-29-124 ; and (3) First obtains the treasurer's consent in a record to accept payment or delivery. (c) The holder must request the treasurer's consent under subdivision (b)(3) in a record. If the treasurer fails to respond to the request not later than thirty (30) calendar days after receipt of the request, the treasurer is deemed to consent to the payment or delivery of the property and the payment or delivery is considered to have been made in good faith. (d) Upon payment or delivery of the property under subsection (b), the property is presumed abandoned. Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017. Acts 2003, ch. 248, § 1.
(a) The treasurer may decline to take custody of property reported under § 66-29-123 if the treasurer determines that: (1) The property has a value less than the estimated expenses of notice and sale of the property; or (2) Taking custody of the property would be unlawful.
(1) The property has a value less than the estimated expenses of notice and sale of the property; or
(2) Taking custody of the property would be unlawful.
(b) A holder may pay or deliver property to the treasurer before the property is presumed abandoned under this part if the holder: (1) Sends the apparent owner of the property any notice required by § 66-29-128 and provides the treasurer evidence of the holder's compliance with this subdivision (b)(1); (2) Includes with the payment or delivery a report regarding the property in accordance with § 66-29-124 ; and (3) First obtains the treasurer's consent in a record to accept payment or delivery.
(1) Sends the apparent owner of the property any notice required by § 66-29-128 and provides the treasurer evidence of the holder's compliance with this subdivision (b)(1);
(2) Includes with the payment or delivery a report regarding the property in accordance with § 66-29-124 ; and
(3) First obtains the treasurer's consent in a record to accept payment or delivery.
(c) The holder must request the treasurer's consent under subdivision (b)(3) in a record. If the treasurer fails to respond to the request not later than thirty (30) calendar days after receipt of the request, the treasurer is deemed to consent to the payment or delivery of the property and the payment or delivery is considered to have been made in good faith.
(d) Upon payment or delivery of the property under subsection (b), the property is presumed abandoned.
Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Acts 2003, ch. 248, § 1.
Tenn. Code Ann. § 66-29-175 — TN Code / Title 66 / Chapter 29 / Section 66-29-175
Waiver of civil penalty
Status: in_force

The treasurer has the authority to not assess or to waive any penalty under § 66-29-173 or § 66-29-174 . Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
The treasurer has the authority to not assess or to waive any penalty under § 66-29-173 or § 66-29-174 .
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Tenn. Code Ann. § 66-1-207 — TN Code / Title 66 / Chapter 1 / Section 66-1-207
Preemption of common law
Status: in_force

This part supersedes the common law rule against perpetuities in this state. Acts 1994, ch. 654, § 7.
This part supersedes the common law rule against perpetuities in this state.
Acts 1994, ch. 654, § 7.
Tenn. Code Ann. § 66-1-101 — TN Code / Title 66 / Chapter 1 / Section 66-1-101
Words of inheritance unnecessary to create fee
Status: in_force

The term "heirs," or other words of inheritance, are not requisite to create or convey an estate in fee. Amended by 2017 Tenn. Acts, ch. 457,s 2, eff. 7/1/2017. Code 1858, § 2006 (deriv. Acts 1851-1852, ch. 33); Shan., § 3672; Code 1932, § 7597; T.C.A. (orig. ed.), § 64-101.
The term "heirs," or other words of inheritance, are not requisite to create or convey an estate in fee.
Amended by 2017 Tenn. Acts, ch. 457,s 2, eff. 7/1/2017.
Code 1858, § 2006 (deriv. Acts 1851-1852, ch. 33); Shan., § 3672; Code 1932, § 7597; T.C.A. (orig. ed.), § 64-101.
Tenn. Code Ann. § 66-22-114 — TN Code / Title 66 / Chapter 22 / Section 66-22-114
Certificate of acknowledgment form
Status: in_force

(a) If the acknowledgment is made before any of the officers who are authorized to take such acknowledgment under this chapter or any consular officer of the United States having an official seal, such officer shall write upon or annex to the instrument a certificate of acknowledgment. The following form shall constitute a valid certificate of acknowledgment: State of Tennessee ) County of ______________ ) Personally appeared before me, (name of officer), (official capacity of officer), (name of the natural person executing the instrument), with whom I am personally acquainted, and who acknowledged that such person executed the within instrument for the purposes therein contained (the following to be included only where the natural person is executing as agent), and who further acknowledged that such person is the (identification of the agency position of the natural person executing the instrument, such as "attorney-in-fact" or "president" or "general partner") of the maker or a constituent of the maker and is authorized by the maker or by its constituent, the constituent being authorized by the maker, to execute this instrument on behalf of the maker. Witness my hand, at office, this ____________________ day of ______________, 20____________________. (b) Any certificate clearly evidencing intent to authenticate, acknowledge or verify a document shall constitute a valid certificate of acknowledgment for purposes of this chapter and for any other purpose for which such certificate may be used under the law. It is the legislative intent that no specific form or wording be required in such certificate and that the ownership of property, or the determination of any other right or obligation, shall not be affected by the inclusion or omission of any specific words. Acts 1986, ch. 717, § 2; 1987, ch. 125, §§ 1, 2.
(a) If the acknowledgment is made before any of the officers who are authorized to take such acknowledgment under this chapter or any consular officer of the United States having an official seal, such officer shall write upon or annex to the instrument a certificate of acknowledgment. The following form shall constitute a valid certificate of acknowledgment: State of Tennessee ) County of ______________ ) Personally appeared before me, (name of officer), (official capacity of officer), (name of the natural person executing the instrument), with whom I am personally acquainted, and who acknowledged that such person executed the within instrument for the purposes therein contained (the following to be included only where the natural person is executing as agent), and who further acknowledged that such person is the (identification of the agency position of the natural person executing the instrument, such as "attorney-in-fact" or "president" or "general partner") of the maker or a constituent of the maker and is authorized by the maker or by its constituent, the constituent being authorized by the maker, to execute this instrument on behalf of the maker. Witness my hand, at office, this ____________________ day of ______________, 20____________________.
State of Tennessee )
County of ______________ )
Personally appeared before me, (name of officer), (official capacity of officer), (name of the natural person executing the instrument), with whom I am personally acquainted, and who acknowledged that such person executed the within instrument for the purposes therein contained (the following to be included only where the natural person is executing as agent), and who further acknowledged that such person is the (identification of the agency position of the natural person executing the instrument, such as "attorney-in-fact" or "president" or "general partner") of the maker or a constituent of the maker and is authorized by the maker or by its constituent, the constituent being authorized by the maker, to execute this instrument on behalf of the maker.
Witness my hand, at office, this ____________________ day of ______________, 20____________________.
(b) Any certificate clearly evidencing intent to authenticate, acknowledge or verify a document shall constitute a valid certificate of acknowledgment for purposes of this chapter and for any other purpose for which such certificate may be used under the law. It is the legislative intent that no specific form or wording be required in such certificate and that the ownership of property, or the determination of any other right or obligation, shall not be affected by the inclusion or omission of any specific words.
Acts 1986, ch. 717, § 2; 1987, ch. 125, §§ 1, 2.
Tenn. Code Ann. § 66-21-201 — TN Code / Title 66 / Chapter 21 / Section 66-21-201
Recording of notices of liens-Fees
Status: in_force

(a) Notices of liens for taxes or other obligations payable to the United States, and certificates discharging and notices affecting such liens, including certificates of redemption relating to the liens, shall be recorded in the office of the register of deeds of the county within which the property subject to such lien is situated. (b) There shall be no fees collected by the county register at the time the notice of the lien or certificate discharging the lien is recorded, but the register shall extend credit to the United States for such recording fees as are chargeable, and submit the bill at the end of each month to the district director of the internal revenue service or other appropriate federal official in order to obtain payment. Notices of federal liens and any certificates of discharge or certificates of redemption, after proper indexing, shall be recorded in a separate book of federal liens or in any combined system of recording. Acts 1927, ch. 56, § 1; Code 1932, § 8029; Acts 1975, ch. 52, § 1; T.C.A. (orig. ed.), § 64-2110; Acts 1987, ch. 161, § 1; 1991, ch. 60, §§ 1, 2.
(a) Notices of liens for taxes or other obligations payable to the United States, and certificates discharging and notices affecting such liens, including certificates of redemption relating to the liens, shall be recorded in the office of the register of deeds of the county within which the property subject to such lien is situated.
(b) There shall be no fees collected by the county register at the time the notice of the lien or certificate discharging the lien is recorded, but the register shall extend credit to the United States for such recording fees as are chargeable, and submit the bill at the end of each month to the district director of the internal revenue service or other appropriate federal official in order to obtain payment. Notices of federal liens and any certificates of discharge or certificates of redemption, after proper indexing, shall be recorded in a separate book of federal liens or in any combined system of recording.
Acts 1927, ch. 56, § 1; Code 1932, § 8029; Acts 1975, ch. 52, § 1; T.C.A. (orig. ed.), § 64-2110; Acts 1987, ch. 161, § 1; 1991, ch. 60, §§ 1, 2.
Tenn. Code Ann. § 66-32-104 — TN Code / Title 66 / Chapter 32 / Section 66-32-104
Applicability of local ordinances, regulations, and building codes
Status: in_force

A zoning, subdivision, or other ordinance or regulation may not discriminate against the creation of time-share intervals or impose any requirement upon a time-share program which it would not impose upon a similar development under a different form of ownership. Acts 1981, ch. 372, § 5; T.C.A., § 64-3205.
A zoning, subdivision, or other ordinance or regulation may not discriminate against the creation of time-share intervals or impose any requirement upon a time-share program which it would not impose upon a similar development under a different form of ownership.
Acts 1981, ch. 372, § 5; T.C.A., § 64-3205.
Tenn. Code Ann. § 66-14-102 — TN Code / Title 66 / Chapter 14 / Section 66-14-102
Notice to persons interested
Status: in_force

(a) The artisan shall give a written notice to the person for whose account the goods were repaired, and to any other person known to the artisan who claims an interest in the goods. This notice shall be given by delivery in person, or by registered mail addressed to the last known place of business or abode of the person to be notified. (b) Artisans, other than entities licensed and regulated pursuant to title 55, chapter 17, shall make reasonable inquiry to identify parties claiming an interest in the goods and shall give written notice to such parties as provided in subsection (a). (c) In the event the goods are motor vehicles or other goods requiring certificates of title pursuant to title 55, "reasonable inquiry" as required by subsection (b) shall be satisfied by an inquiry of the title and registration division of the department of revenue or a county clerk as agent for the division to determine the interest of all title owners and all lienholders. Acts 1935, ch. 53, § 1; C. Supp. 1950, § 7985; T.C.A. (orig. ed.), §64-1402; Acts 1997 , ch. 73, §§ 2-4.
(a) The artisan shall give a written notice to the person for whose account the goods were repaired, and to any other person known to the artisan who claims an interest in the goods. This notice shall be given by delivery in person, or by registered mail addressed to the last known place of business or abode of the person to be notified.
(b) Artisans, other than entities licensed and regulated pursuant to title 55, chapter 17, shall make reasonable inquiry to identify parties claiming an interest in the goods and shall give written notice to such parties as provided in subsection (a).
(c) In the event the goods are motor vehicles or other goods requiring certificates of title pursuant to title 55, "reasonable inquiry" as required by subsection (b) shall be satisfied by an inquiry of the title and registration division of the department of revenue or a county clerk as agent for the division to determine the interest of all title owners and all lienholders.
Acts 1935, ch. 53, § 1; C. Supp. 1950, § 7985; T.C.A. (orig. ed.), §64-1402; Acts 1997 , ch. 73, §§ 2-4.
Tenn. Code Ann. § 66-26-110 — TN Code / Title 66 / Chapter 26 / Section 66-26-110
Registered instruments as evidence - Presumptions and burden of proof regarding signatures on instruments
Status: in_force

(a) Any instruments so proved or acknowledged, certified and registered, shall be received as evidence in any of the courts, judicial and administrative tribunals of the state, subject, nevertheless, to be impeached and proved to be a forgery, or to be otherwise inoperative, if the fact be so. (b) In an action with respect to an instrument, the authenticity of and authority to make each signature on the instrument is admitted, unless specifically denied in the pleadings. If the validity of a signature is denied in the pleadings, and if the instrument is not registered or is not properly acknowledged or proved, the burden of establishing validity is on the person claiming validity, but the signature is presumed to be authentic and authorized, unless: (1) The signer is dead or incompetent at the time of trial on the issue of validity of the signature; and (2) The instrument is unregistered or has been registered for fewer than twenty (20) years. (c) Under the presumption set forth in subsection (b), the trier of fact must find that the signature is authentic and authorized, unless evidence to the contrary is introduced. Code 1858, § 2071 (deriv. Acts 1831, ch. 90, § 6); Shan., §3748; mod. Code 1932, § 7664; T.C.A. (orig. ed.), § 64-2610; Acts 2005, ch. 303, § 4.
(a) Any instruments so proved or acknowledged, certified and registered, shall be received as evidence in any of the courts, judicial and administrative tribunals of the state, subject, nevertheless, to be impeached and proved to be a forgery, or to be otherwise inoperative, if the fact be so.
(b) In an action with respect to an instrument, the authenticity of and authority to make each signature on the instrument is admitted, unless specifically denied in the pleadings. If the validity of a signature is denied in the pleadings, and if the instrument is not registered or is not properly acknowledged or proved, the burden of establishing validity is on the person claiming validity, but the signature is presumed to be authentic and authorized, unless: (1) The signer is dead or incompetent at the time of trial on the issue of validity of the signature; and (2) The instrument is unregistered or has been registered for fewer than twenty (20) years.
(1) The signer is dead or incompetent at the time of trial on the issue of validity of the signature; and
(2) The instrument is unregistered or has been registered for fewer than twenty (20) years.
(c) Under the presumption set forth in subsection (b), the trier of fact must find that the signature is authentic and authorized, unless evidence to the contrary is introduced.
Code 1858, § 2071 (deriv. Acts 1831, ch. 90, § 6); Shan., §3748; mod. Code 1932, § 7664; T.C.A. (orig. ed.), § 64-2610; Acts 2005, ch. 303, § 4.
Tenn. Code Ann. § 66-11-147 — TN Code / Title 66 / Chapter 11 / Section 66-11-147
Liens on gas, oil or other mineral leaseholds
Status: in_force

(a) Any person who performs labor or furnishes materials, supplies, fixtures, machinery or other things of value to a lessee holding or owning a leasehold, or any right conferred by a lease, relating to oil, gas or other minerals, in the development or improvement of the leasehold, by contract with or by the written consent of the owner or the agent or representative of the owner of the leasehold, shall have a lien on the leasehold or the entire interest of the lessee, including oil or gas wells, machinery and equipment, to secure the payment for the labor or things furnished. If the labor or things are furnished at the written request or by written consent of any prime contractor or remote contractor, or the agent of either, the lien shall be for the benefit of whomever furnishes any of the labor or things mentioned. The lien provided for in this section shall be effective against the leasehold, or the entire interest of the lessee, including all improvements belonging to the lessee. (b) The lien shall relate to and take effect from the time of the delivery of the materials, supplies, fixtures, or machinery, or from the date of furnishing of any labor. (c) If unpaid, the lien shall expire and be of no effect after ninety (90) days, unless the person furnishing the labor, materials, or supplies, files with the register's office in the county in which the leasehold is located, the sworn statement as provided in § 66-11-112 . A copy of the notice shall also be served to the owner of the property and the holder of the leasehold. (d) A lien provided in this section shall have precedence over all other subsequent liens or conveyances after the time of attachment; provided, that the sworn statement is filed within the ninety-day period provided in this section. (e) Section 66-11-120 shall apply to this lien. Acts 2006, ch. 654, § 1; 2007, ch. 189, § 46.
(a) Any person who performs labor or furnishes materials, supplies, fixtures, machinery or other things of value to a lessee holding or owning a leasehold, or any right conferred by a lease, relating to oil, gas or other minerals, in the development or improvement of the leasehold, by contract with or by the written consent of the owner or the agent or representative of the owner of the leasehold, shall have a lien on the leasehold or the entire interest of the lessee, including oil or gas wells, machinery and equipment, to secure the payment for the labor or things furnished. If the labor or things are furnished at the written request or by written consent of any prime contractor or remote contractor, or the agent of either, the lien shall be for the benefit of whomever furnishes any of the labor or things mentioned. The lien provided for in this section shall be effective against the leasehold, or the entire interest of the lessee, including all improvements belonging to the lessee.
(b) The lien shall relate to and take effect from the time of the delivery of the materials, supplies, fixtures, or machinery, or from the date of furnishing of any labor.
(c) If unpaid, the lien shall expire and be of no effect after ninety (90) days, unless the person furnishing the labor, materials, or supplies, files with the register's office in the county in which the leasehold is located, the sworn statement as provided in § 66-11-112 . A copy of the notice shall also be served to the owner of the property and the holder of the leasehold.
(d) A lien provided in this section shall have precedence over all other subsequent liens or conveyances after the time of attachment; provided, that the sworn statement is filed within the ninety-day period provided in this section.
(e) Section 66-11-120 shall apply to this lien.
Acts 2006, ch. 654, § 1; 2007, ch. 189, § 46.
Tenn. Code Ann. § 66-12-110 — TN Code / Title 66 / Chapter 12 / Section 66-12-110
Criminal liability avoided by payment of claim
Status: in_force

If the person so disposing of the property shall pay over to the lienor or owner of the debt so secured the proceeds of the sale, or sufficient thereof to satisfy the lien, or in case the owner of the debt shall have received or recovered from the purchaser of the property the value thereof, then if the party so disposing of such property shall pay to the purchaser the proceeds of sale, and all costs of the prosecution accrued, and all before the person so disposing of such property is arraigned for trial, the person so disposing of such property shall not be so held liable. Acts 1897, ch. 114, § 3; Shan., § 5305a3; mod. Code 1932, §8026; T.C.A. (orig. ed.), § 64-1210.
If the person so disposing of the property shall pay over to the lienor or owner of the debt so secured the proceeds of the sale, or sufficient thereof to satisfy the lien, or in case the owner of the debt shall have received or recovered from the purchaser of the property the value thereof, then if the party so disposing of such property shall pay to the purchaser the proceeds of sale, and all costs of the prosecution accrued, and all before the person so disposing of such property is arraigned for trial, the person so disposing of such property shall not be so held liable.
Acts 1897, ch. 114, § 3; Shan., § 5305a3; mod. Code 1932, §8026; T.C.A. (orig. ed.), § 64-1210.
Tenn. Code Ann. § 66-8-112 — TN Code / Title 66 / Chapter 8 / Section 66-8-112
Rent during redemption period
Status: in_force

The debtor, permitted by the purchaser to remain in possession, shall not be liable for rent from the date of the sale to the time of the redemption; and if the purchaser or the purchaser's assignee takes possession under the purchase, upon redemption by the debtor, the debtor shall have a credit for the fair rent of the premises during the time they were in the purchaser's possession. Code 1858, § 2135 (deriv. Acts 1849-1850, ch. 121); Shan., § 3822; Code 1932, §7747; T.C.A. (orig. ed.), § 64-812.
The debtor, permitted by the purchaser to remain in possession, shall not be liable for rent from the date of the sale to the time of the redemption; and if the purchaser or the purchaser's assignee takes possession under the purchase, upon redemption by the debtor, the debtor shall have a credit for the fair rent of the premises during the time they were in the purchaser's possession.
Code 1858, § 2135 (deriv. Acts 1849-1850, ch. 121); Shan., § 3822; Code 1932, §7747; T.C.A. (orig. ed.), § 64-812.
Tenn. Code Ann. § 66-4-105 — TN Code / Title 66 / Chapter 4 / Section 66-4-105
Execution of contract with personal representative
Status: in_force

If the person with whom such agreement or contract was made is also the personal representative, the court granting administration may appoint a guardian or representative of the heirs, who shall make the conveyance according to the written agreement. Code 1858, § 2026 (deriv. Acts 1794, ch. 5, § 2); Shan., § 3693; Code 1932, § 7615; impl. am. Acts 1980, ch. 875, § 2; T.C.A. (orig. ed.), § 64-405.
If the person with whom such agreement or contract was made is also the personal representative, the court granting administration may appoint a guardian or representative of the heirs, who shall make the conveyance according to the written agreement.
Code 1858, § 2026 (deriv. Acts 1794, ch. 5, § 2); Shan., § 3693; Code 1932, § 7615; impl. am. Acts 1980, ch. 875, § 2; T.C.A. (orig. ed.), § 64-405.
Tenn. Code Ann. § 66-1-107 — TN Code / Title 66 / Chapter 1 / Section 66-1-107
Survivorship in joint tenancy abolished
Status: in_force

In all estates, real and personal, held in joint tenancy, the part or share of any tenant dying shall not descend or go to the surviving tenant or tenants, but shall descend or be vested in the heirs, executors, or administrators, respectively, of the tenant so dying, in the same manner as estates held by tenancy in common. Code 1858, § 2010 (deriv. Acts 1784 (Apr.), ch. 22, § 6); Shan., § 3677; Code 1932, § 7604; T.C.A. (orig. ed.), § 64-107.
In all estates, real and personal, held in joint tenancy, the part or share of any tenant dying shall not descend or go to the surviving tenant or tenants, but shall descend or be vested in the heirs, executors, or administrators, respectively, of the tenant so dying, in the same manner as estates held by tenancy in common.
Code 1858, § 2010 (deriv. Acts 1784 (Apr.), ch. 22, § 6); Shan., § 3677; Code 1932, § 7604; T.C.A. (orig. ed.), § 64-107.
Tenn. Code Ann. § 66-35-102 — TN Code / Title 66 / Chapter 35 / Section 66-35-102
Rent control by local governments prohibited - Zoning provisions - Affordable housing
Status: in_force

(a) A local governmental unit shall not enact, maintain or enforce an ordinance or resolution that would have the effect of controlling the amount of rent charged for leasing private residential or commercial property. (b) (1) Notwithstanding any provision of law to the contrary, a local government unit, or any subdivision or instrumentality thereof, shall not enact, maintain, or enforce any ordinance, resolution, regulation, rule, or other requirement of any type that: (A) Requires the direct or indirect allocation of existing or newly constructed private residential or commercial rental units to be sold or rented at below market rates; (B) Conditions any zoning change, variance, building permit, development entitlements through amendment to the zoning map, or any change in land use restrictions or requirements, on the allocation of existing or newly constructed private residential or commercial rental units to be sold or rented at below market rates; or (C) Requires a person to waive the person's constitutionally protected rights related to real property in order that the local government unit can increase the number of existing or newly constructed private residential or commercial rental units that would be available for purchase or lease at below market rates within the jurisdiction of the local government unit. (2) (A) This subsection (b) does not prohibit a local government unit from creating or implementing a purely voluntary incentive-based program designed to increase the construction or rehabilitation of workforce or affordable private residential or commercial rental units, which may include providing local tax incentives, subsidization, real property or infrastructure assistance, or any other incentive that makes construction of affordable housing more economical, so long as no power or authority granted to the local government unit to regulate zoning or land use planning is used to incentivize or leverage a person to develop, build, sell, or rent housing at below market value. (B) This subdivision (b)(2) does not preempt a voluntary attainable housing incentive program created under § 13-3-601 or § 13-4-401 that authorizes a municipality to provide incentives to property owners through zoning or land use planning to develop, build, and sell or rent attainable housing or housing at below market value. (3) Any person who suffers an ascertainable loss of money or property, real, personal, or mixed, or any other article, commodity, or thing of value wherever situated, as a result of the practices prohibited by this section, may bring an action individually to recover actual damages. Amended by 2024 Tenn. Acts, ch. 1051,s 3, eff. 7/1/2024. Amended by 2018 Tenn. Acts, ch. 685, s 1, eff. 4/9/2018. Amended by 2016 Tenn. Acts, ch. 822, s 1, eff. 4/21/2016. Acts 1996, ch. 623, § 1.
(a) A local governmental unit shall not enact, maintain or enforce an ordinance or resolution that would have the effect of controlling the amount of rent charged for leasing private residential or commercial property.
(b) (1) Notwithstanding any provision of law to the contrary, a local government unit, or any subdivision or instrumentality thereof, shall not enact, maintain, or enforce any ordinance, resolution, regulation, rule, or other requirement of any type that: (A) Requires the direct or indirect allocation of existing or newly constructed private residential or commercial rental units to be sold or rented at below market rates; (B) Conditions any zoning change, variance, building permit, development entitlements through amendment to the zoning map, or any change in land use restrictions or requirements, on the allocation of existing or newly constructed private residential or commercial rental units to be sold or rented at below market rates; or (C) Requires a person to waive the person's constitutionally protected rights related to real property in order that the local government unit can increase the number of existing or newly constructed private residential or commercial rental units that would be available for purchase or lease at below market rates within the jurisdiction of the local government unit. (2) (A) This subsection (b) does not prohibit a local government unit from creating or implementing a purely voluntary incentive-based program designed to increase the construction or rehabilitation of workforce or affordable private residential or commercial rental units, which may include providing local tax incentives, subsidization, real property or infrastructure assistance, or any other incentive that makes construction of affordable housing more economical, so long as no power or authority granted to the local government unit to regulate zoning or land use planning is used to incentivize or leverage a person to develop, build, sell, or rent housing at below market value. (B) This subdivision (b)(2) does not preempt a voluntary attainable housing incentive program created under § 13-3-601 or § 13-4-401 that authorizes a municipality to provide incentives to property owners through zoning or land use planning to develop, build, and sell or rent attainable housing or housing at below market value. (3) Any person who suffers an ascertainable loss of money or property, real, personal, or mixed, or any other article, commodity, or thing of value wherever situated, as a result of the practices prohibited by this section, may bring an action individually to recover actual damages.
(1) Notwithstanding any provision of law to the contrary, a local government unit, or any subdivision or instrumentality thereof, shall not enact, maintain, or enforce any ordinance, resolution, regulation, rule, or other requirement of any type that: (A) Requires the direct or indirect allocation of existing or newly constructed private residential or commercial rental units to be sold or rented at below market rates; (B) Conditions any zoning change, variance, building permit, development entitlements through amendment to the zoning map, or any change in land use restrictions or requirements, on the allocation of existing or newly constructed private residential or commercial rental units to be sold or rented at below market rates; or (C) Requires a person to waive the person's constitutionally protected rights related to real property in order that the local government unit can increase the number of existing or newly constructed private residential or commercial rental units that would be available for purchase or lease at below market rates within the jurisdiction of the local government unit.
(A) Requires the direct or indirect allocation of existing or newly constructed private residential or commercial rental units to be sold or rented at below market rates;
(B) Conditions any zoning change, variance, building permit, development entitlements through amendment to the zoning map, or any change in land use restrictions or requirements, on the allocation of existing or newly constructed private residential or commercial rental units to be sold or rented at below market rates; or
(C) Requires a person to waive the person's constitutionally protected rights related to real property in order that the local government unit can increase the number of existing or newly constructed private residential or commercial rental units that would be available for purchase or lease at below market rates within the jurisdiction of the local government unit.
(2) (A) This subsection (b) does not prohibit a local government unit from creating or implementing a purely voluntary incentive-based program designed to increase the construction or rehabilitation of workforce or affordable private residential or commercial rental units, which may include providing local tax incentives, subsidization, real property or infrastructure assistance, or any other incentive that makes construction of affordable housing more economical, so long as no power or authority granted to the local government unit to regulate zoning or land use planning is used to incentivize or leverage a person to develop, build, sell, or rent housing at below market value. (B) This subdivision (b)(2) does not preempt a voluntary attainable housing incentive program created under § 13-3-601 or § 13-4-401 that authorizes a municipality to provide incentives to property owners through zoning or land use planning to develop, build, and sell or rent attainable housing or housing at below market value.
(A) This subsection (b) does not prohibit a local government unit from creating or implementing a purely voluntary incentive-based program designed to increase the construction or rehabilitation of workforce or affordable private residential or commercial rental units, which may include providing local tax incentives, subsidization, real property or infrastructure assistance, or any other incentive that makes construction of affordable housing more economical, so long as no power or authority granted to the local government unit to regulate zoning or land use planning is used to incentivize or leverage a person to develop, build, sell, or rent housing at below market value.
(B) This subdivision (b)(2) does not preempt a voluntary attainable housing incentive program created under § 13-3-601 or § 13-4-401 that authorizes a municipality to provide incentives to property owners through zoning or land use planning to develop, build, and sell or rent attainable housing or housing at below market value.
(3) Any person who suffers an ascertainable loss of money or property, real, personal, or mixed, or any other article, commodity, or thing of value wherever situated, as a result of the practices prohibited by this section, may bring an action individually to recover actual damages.
Amended by 2024 Tenn. Acts, ch. 1051,s 3, eff. 7/1/2024.
Amended by 2018 Tenn. Acts, ch. 685, s 1, eff. 4/9/2018.
Amended by 2016 Tenn. Acts, ch. 822, s 1, eff. 4/21/2016.
Acts 1996, ch. 623, § 1.
Tenn. Code Ann. § 66-3-104 — TN Code / Title 66 / Chapter 3 / Section 66-3-104
Conveyance by general warranty deed with knowledge of existing liens - Conveyance with knowledge of lack of legal or equitable interest to convey
Status: in_force

(a) Any person who transfers land by execution of a general warranty deed with knowledge of outstanding liens, mortgages, deeds of trust or other claims against such transferred land with the intent to defraud, commits a Class E felony. (b) Any person who transfers or applies for recordation of any transfer of land by execution of either a general warranty deed or quitclaim deed, or any other devise, with knowledge that the transferor or grantor has no legal or equitable interest to convey such land commits a Class A misdemeanor. Acts 1978, ch. 743, §§ 1, 2; 1978, ch. 917, § 1; T.C.A., § 64-322; Acts 1989, ch. 591, § 87; 2011, ch. 399, § 2.
(a) Any person who transfers land by execution of a general warranty deed with knowledge of outstanding liens, mortgages, deeds of trust or other claims against such transferred land with the intent to defraud, commits a Class E felony.
(b) Any person who transfers or applies for recordation of any transfer of land by execution of either a general warranty deed or quitclaim deed, or any other devise, with knowledge that the transferor or grantor has no legal or equitable interest to convey such land commits a Class A misdemeanor.
Acts 1978, ch. 743, §§ 1, 2; 1978, ch. 917, § 1; T.C.A., § 64-322; Acts 1989, ch. 591, § 87; 2011, ch. 399, § 2.
Tenn. Code Ann. § 66-26-105 — TN Code / Title 66 / Chapter 26 / Section 66-26-105
Priority of registered instruments
Status: in_force

Any instruments first registered or noted for registration shall have preference over one of earlier date, but noted for registration afterwards; unless it is proved in a court of equity, according to the rules of the court, that the party claiming under the subsequent instrument had full notice of the previous instrument. Code 1858, § 2074 (deriv. Acts 1831, ch. 90, § 6; 1841-1842, ch. 12, §2); Shan., § 3751; Code 1932, § 7667; T.C.A. (orig. ed.), § 64-2605.
Any instruments first registered or noted for registration shall have preference over one of earlier date, but noted for registration afterwards; unless it is proved in a court of equity, according to the rules of the court, that the party claiming under the subsequent instrument had full notice of the previous instrument.
Code 1858, § 2074 (deriv. Acts 1831, ch. 90, § 6; 1841-1842, ch. 12, §2); Shan., § 3751; Code 1932, § 7667; T.C.A. (orig. ed.), § 64-2605.
Tenn. Code Ann. § 66-25-202 — TN Code / Title 66 / Chapter 25 / Section 66-25-202
Form of marginal release
Status: in_force

The release may be in substantially the following form: I (or we), ____________________, declare that I am (or we are) the true and lawful holder (or holders) of the claim (or part of the claim, and specifying what part) secured by the instrument within recorded, and hereby acknowledge the satisfaction thereof and discharge of the lien to secure the same in full (or if one (1) part, or partial amount, state what part). This ____________________ day of ____________________ A.D. Attest as to A.B.; C.D., Register. Acts 1990, ch. 902, § 7.
The release may be in substantially the following form:
I (or we), ____________________, declare that I am (or we are) the true and lawful holder (or holders) of the claim (or part of the claim, and specifying what part) secured by the instrument within recorded, and hereby acknowledge the satisfaction thereof and discharge of the lien to secure the same in full (or if one (1) part, or partial amount, state what part). This ____________________ day of ____________________ A.D. Attest as to A.B.; C.D., Register.
Acts 1990, ch. 902, § 7.
Tenn. Code Ann. § 66-23-120 — TN Code / Title 66 / Chapter 23 / Section 66-23-120
Facts shown in foreign certificate of probate
Status: in_force

If the probate is taken outside the state, the certificate shall show the capacity in which the person who took the probate acted, and the state in which the probate was taken. Code 1858, §2068; Shan., § 3745; Code 1932, § 7660; T.C.A. (orig. ed.), § 64-2320.
If the probate is taken outside the state, the certificate shall show the capacity in which the person who took the probate acted, and the state in which the probate was taken.
Code 1858, §2068; Shan., § 3745; Code 1932, § 7660; T.C.A. (orig. ed.), § 64-2320.
Tenn. Code Ann. § 66-28-304 — TN Code / Title 66 / Chapter 28 / Section 66-28-304
Maintenance by landlord
Status: in_force

(a) The landlord shall: (1) Comply with requirements of applicable building and housing codes materially affecting health and safety; (2) Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition; (3) Keep all common areas of the premises in a clean and safe condition; and (4) In multi-unit complexes of four (4) or more units, provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish and other waste from common points of collection subject to § 66-28-401(3) . (b) If the duty imposed by subdivision (a)(1) is greater than any duty imposed by any other paragraph of subsection (a), the landlord's duty shall be determined by reference to subdivision (a)(1). (c) The landlord and tenant may agree in writing that the tenant perform specified repairs, maintenance tasks, alterations, and remodeling, but only if the transaction is entered into in good faith and not for the purpose of evading the obligations of the landlord. (d) The landlord may not treat performance of the separate agreement described in subsection (c) as a condition to any obligation or performance of any rental agreement. Acts 1975, ch. 245, § 2.104; T.C.A., § 64-2824.
(a) The landlord shall: (1) Comply with requirements of applicable building and housing codes materially affecting health and safety; (2) Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition; (3) Keep all common areas of the premises in a clean and safe condition; and (4) In multi-unit complexes of four (4) or more units, provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish and other waste from common points of collection subject to § 66-28-401(3) .
(1) Comply with requirements of applicable building and housing codes materially affecting health and safety;
(2) Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition;
(3) Keep all common areas of the premises in a clean and safe condition; and
(4) In multi-unit complexes of four (4) or more units, provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish and other waste from common points of collection subject to § 66-28-401(3) .
(b) If the duty imposed by subdivision (a)(1) is greater than any duty imposed by any other paragraph of subsection (a), the landlord's duty shall be determined by reference to subdivision (a)(1).
(c) The landlord and tenant may agree in writing that the tenant perform specified repairs, maintenance tasks, alterations, and remodeling, but only if the transaction is entered into in good faith and not for the purpose of evading the obligations of the landlord.
(d) The landlord may not treat performance of the separate agreement described in subsection (c) as a condition to any obligation or performance of any rental agreement.
Acts 1975, ch. 245, § 2.104; T.C.A., § 64-2824.
Tenn. Code Ann. § 66-9-305 — TN Code / Title 66 / Chapter 9 / Section 66-9-305
Acquisition by public bodies
Status: in_force

(a) In order to carry out the purposes of this part, any public body or organization may acquire and dispose of interests in land or structures or features thereon in the form of conservation easements. No conservation easement shall be acquired by eminent domain unless such easement is necessary for the accomplishment of a specific public project which has been authorized by statute. Any such acquisition by a state entity shall be subject to approval by the state building commission. (b) No private nonprofit organization shall exercise a power of eminent domain to acquire an easement under this part even though such organization may otherwise have such power. (c) Any public body may designate a conservation easement in any real property in which it has an interest, if such property is listed on the National Register or the Tennessee Register, in order to provide protection to and assist in the preservation and protection of such property. (d) A public body has all powers necessary or convenient to carry out the purposes and provisions of this chapter, including the following powers in addition to others granted by this chapter: (1) Appropriate or borrow funds and make expenditures necessary to carry out the purposes of this chapter; and (2) Apply for and accept and utilize grants and any other assistance from the federal government and any other public or private source, to give such security as may be required and to enter into and carry out contracts or agreements in connection with such grants or assistance. Acts 1981, ch. 361, § 5; T.C.A., § 64-9-305; Acts 1988, ch. 807, § 2.
(a) In order to carry out the purposes of this part, any public body or organization may acquire and dispose of interests in land or structures or features thereon in the form of conservation easements. No conservation easement shall be acquired by eminent domain unless such easement is necessary for the accomplishment of a specific public project which has been authorized by statute. Any such acquisition by a state entity shall be subject to approval by the state building commission.
(b) No private nonprofit organization shall exercise a power of eminent domain to acquire an easement under this part even though such organization may otherwise have such power.
(c) Any public body may designate a conservation easement in any real property in which it has an interest, if such property is listed on the National Register or the Tennessee Register, in order to provide protection to and assist in the preservation and protection of such property.
(d) A public body has all powers necessary or convenient to carry out the purposes and provisions of this chapter, including the following powers in addition to others granted by this chapter: (1) Appropriate or borrow funds and make expenditures necessary to carry out the purposes of this chapter; and (2) Apply for and accept and utilize grants and any other assistance from the federal government and any other public or private source, to give such security as may be required and to enter into and carry out contracts or agreements in connection with such grants or assistance.
(1) Appropriate or borrow funds and make expenditures necessary to carry out the purposes of this chapter; and
(2) Apply for and accept and utilize grants and any other assistance from the federal government and any other public or private source, to give such security as may be required and to enter into and carry out contracts or agreements in connection with such grants or assistance.
Acts 1981, ch. 361, § 5; T.C.A., § 64-9-305; Acts 1988, ch. 807, § 2.
Tenn. Code Ann. § 66-33-105 — TN Code / Title 66 / Chapter 33 / Section 66-33-105
Recording of court order
Status: in_force

If a service agreement or a notice or memorandum of the agreement is recorded in violation of this chapter, then a person with an interest in the real property that is the subject of the agreement may apply to a court of competent jurisdiction in the county where the recording exists to record a court order declaring the agreement unenforceable. Added by 2023 Tenn. Acts, ch. 160, s 1, eff. 4/17/2023.
If a service agreement or a notice or memorandum of the agreement is recorded in violation of this chapter, then a person with an interest in the real property that is the subject of the agreement may apply to a court of competent jurisdiction in the county where the recording exists to record a court order declaring the agreement unenforceable.
Added by 2023 Tenn. Acts, ch. 160, s 1, eff. 4/17/2023.
Tenn. Code Ann. § 66-11-207 — TN Code / Title 66 / Chapter 11 / Section 66-11-207
Effect on other laws
Status: in_force

This part shall not operate to repeal or affect any of the laws of the state relating to mechanics' and materialmen's liens, specifically part 1 of this chapter, but shall be held and construed as ancillary and supplemental thereto. Acts 1975, ch. 364, § 7; T.C.A., § 64-1158.
This part shall not operate to repeal or affect any of the laws of the state relating to mechanics' and materialmen's liens, specifically part 1 of this chapter, but shall be held and construed as ancillary and supplemental thereto.
Acts 1975, ch. 364, § 7; T.C.A., § 64-1158.
Tenn. Code Ann. § 66-14-103 — TN Code / Title 66 / Chapter 14 / Section 66-14-103
Contents of notice
Status: in_force

The notice shall contain: (1) An itemized statement of the artisan's claim and the date, or dates, when it became due; (2) A brief description of the goods against which the lien exists; (3) A demand that the amount of the claim as stated in the notice, and of such other claim as shall accrue, shall be paid on or before a date mentioned, not less than ten (10) days from the delivery of the notice, if it be personally delivered, or from the time when the notice should reach its destination, according to the due course of post, if the notice is sent by mail; and (4) A statement that unless the claim is paid within the time specified, the goods will be advertised for sale and sold by auction at a specified time and place. Acts 1935, ch. 53, § 1; C. Supp. 1950, § 7986; T.C.A. (orig. ed.), § 64-1403.
The notice shall contain:
(1) An itemized statement of the artisan's claim and the date, or dates, when it became due;
(2) A brief description of the goods against which the lien exists;
(3) A demand that the amount of the claim as stated in the notice, and of such other claim as shall accrue, shall be paid on or before a date mentioned, not less than ten (10) days from the delivery of the notice, if it be personally delivered, or from the time when the notice should reach its destination, according to the due course of post, if the notice is sent by mail; and
(4) A statement that unless the claim is paid within the time specified, the goods will be advertised for sale and sold by auction at a specified time and place.
Acts 1935, ch. 53, § 1; C. Supp. 1950, § 7986; T.C.A. (orig. ed.), § 64-1403.
Tenn. Code Ann. § 66-32-124 — TN Code / Title 66 / Chapter 32 / Section 66-32-124
Commission regulation of public offering statement
Status: in_force

(a) The commission at any time may require a developer to alter or supplement the form or substance of a public offering statement to assure adequate and accurate disclosure to prospective purchasers. (b) The public offering statement may not be used for any promotional purposes before registration and afterwards only if it is used in its entirety. No person may advertise or represent that the commission has approved or recommended the time-share program, the disclosure statement, or any of the documents contained in the application for registration. Acts 1981, ch. 372, § 25; T.C.A., § 64-3225.
(a) The commission at any time may require a developer to alter or supplement the form or substance of a public offering statement to assure adequate and accurate disclosure to prospective purchasers.
(b) The public offering statement may not be used for any promotional purposes before registration and afterwards only if it is used in its entirety. No person may advertise or represent that the commission has approved or recommended the time-share program, the disclosure statement, or any of the documents contained in the application for registration.
Acts 1981, ch. 372, § 25; T.C.A., § 64-3225.
Tenn. Code Ann. § 66-19-105 — TN Code / Title 66 / Chapter 19 / Section 66-19-105
Abandoned vehicles on campgrounds
Status: in_force

(a) Campgrounds substantially in the business of providing accommodations for recreational vehicles, as defined in § 55-50-102 , shall be entitled to a lien upon all abandoned vehicles that lawfully come onto their premises. Such abandoned vehicles shall be retained in the campground owners' or managers' possession until all reasonable charges due are paid. A campground may, after sixty (60) days, enforce this lien in the manner prescribed for the enforcement of artisans' liens under §§ 66-14-102 - 66-14-106, except the campground shall: (1) Only be required to advertise the sale of an abandoned vehicle one (1) time in a newspaper published in the place where the sale is to be held; and (2) Include the vehicle identification number, if it is ascertainable, in the notice required pursuant to § 66-14-103 and in the advertisement of the sale described in § 66-14-104 . (b) A campground may collect any storage or related fees for any period of time in which a vehicle or associated equipment is abandoned upon the campground premises. (c) The commissioner of commerce and insurance is authorized to promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to effectuate the purposes of this section. (d) For purposes of providing notice to persons having an interest as provided in § 66-14-102 , the campground shall notify any person that the campground: (1) Has actual notice of an interest; and (2) If the property is required to have a title, conduct a search request with the department of safety, or such other state where the vehicle license tag indicates it is registered, and in the case of property which is not titled as a motor vehicle, submit a search request for the filing of a security interest under the Uniform Commercial Code, compiled in title 47, chapters 1-9, with the secretary of state and, in the state that is the apparent residence of the owner of the property, if other than Tennessee. The campground owner shall send, by certified mail, return receipt requested, notice of intent to enforce the lien to all known owners, all known interested parties, and to any other or interested party discernable through reasonable effort as provided in this subsection (d). For purposes of notice, there shall be a rebuttable presumption of reasonable inquiry and notice to interested parties, if the inquiry and notice provided in this subsection (d) is fulfilled. Amended by 2014 Tenn. Acts, ch. 886,s 3, eff. 7/1/2014. Acts 2003, ch. 271, § 1.
(a) Campgrounds substantially in the business of providing accommodations for recreational vehicles, as defined in § 55-50-102 , shall be entitled to a lien upon all abandoned vehicles that lawfully come onto their premises. Such abandoned vehicles shall be retained in the campground owners' or managers' possession until all reasonable charges due are paid. A campground may, after sixty (60) days, enforce this lien in the manner prescribed for the enforcement of artisans' liens under §§ 66-14-102 - 66-14-106, except the campground shall: (1) Only be required to advertise the sale of an abandoned vehicle one (1) time in a newspaper published in the place where the sale is to be held; and (2) Include the vehicle identification number, if it is ascertainable, in the notice required pursuant to § 66-14-103 and in the advertisement of the sale described in § 66-14-104 .
(1) Only be required to advertise the sale of an abandoned vehicle one (1) time in a newspaper published in the place where the sale is to be held; and
(2) Include the vehicle identification number, if it is ascertainable, in the notice required pursuant to § 66-14-103 and in the advertisement of the sale described in § 66-14-104 .
(b) A campground may collect any storage or related fees for any period of time in which a vehicle or associated equipment is abandoned upon the campground premises.
(c) The commissioner of commerce and insurance is authorized to promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to effectuate the purposes of this section.
(d) For purposes of providing notice to persons having an interest as provided in § 66-14-102 , the campground shall notify any person that the campground: (1) Has actual notice of an interest; and (2) If the property is required to have a title, conduct a search request with the department of safety, or such other state where the vehicle license tag indicates it is registered, and in the case of property which is not titled as a motor vehicle, submit a search request for the filing of a security interest under the Uniform Commercial Code, compiled in title 47, chapters 1-9, with the secretary of state and, in the state that is the apparent residence of the owner of the property, if other than Tennessee. The campground owner shall send, by certified mail, return receipt requested, notice of intent to enforce the lien to all known owners, all known interested parties, and to any other or interested party discernable through reasonable effort as provided in this subsection (d). For purposes of notice, there shall be a rebuttable presumption of reasonable inquiry and notice to interested parties, if the inquiry and notice provided in this subsection (d) is fulfilled.
(1) Has actual notice of an interest; and
(2) If the property is required to have a title, conduct a search request with the department of safety, or such other state where the vehicle license tag indicates it is registered, and in the case of property which is not titled as a motor vehicle, submit a search request for the filing of a security interest under the Uniform Commercial Code, compiled in title 47, chapters 1-9, with the secretary of state and, in the state that is the apparent residence of the owner of the property, if other than Tennessee. The campground owner shall send, by certified mail, return receipt requested, notice of intent to enforce the lien to all known owners, all known interested parties, and to any other or interested party discernable through reasonable effort as provided in this subsection (d). For purposes of notice, there shall be a rebuttable presumption of reasonable inquiry and notice to interested parties, if the inquiry and notice provided in this subsection (d) is fulfilled.
Amended by 2014 Tenn. Acts, ch. 886,s 3, eff. 7/1/2014.
Acts 2003, ch. 271, § 1.
Tenn. Code Ann. § 66-29-108 — TN Code / Title 66 / Chapter 29 / Section 66-29-108
Presumption of abandonment of custodial account for minor
Status: in_force

(a) Except as otherwise provided in § 66-29-113 , property held in an account established under title 35, chapter 7, is presumed abandoned if it is unclaimed by or on behalf of the minor on whose behalf the account was opened three (3) years after the later of: (1) The date a second consecutive communication sent by the holder by first-class United States mail to the custodian of the minor on whose behalf the account was opened is returned undelivered to the holder by the United States postal service, or, if the second communication is sent later than thirty (30) days after the date the first communication is returned undelivered, the date the first communication was returned undelivered by the United States postal service; or (2) The date on which the minor on whose behalf the account was opened reaches the statutory age of majority in accordance with title 35, chapter 7, under which the account was opened. (b) If the custodian of the minor on whose behalf an account described in subsection (a) was opened does not receive communications from the holder by first-class United States mail, the holder shall attempt to confirm the custodian's interest in the property by sending the custodian an electronic mail communication not later than two (2) years after the custodian's last indication of interest in the property. If the holder receives notification that the electronic mail communication was not received, or if the custodian does not respond to the electronic mail communication within thirty (30) days after the communication was sent, the holder shall promptly attempt to contact the custodian by first-class United States mail. If the mail is returned undelivered to the holder by the United States postal service, the property is presumed abandoned three (3) years after the later of: (1) The date a second consecutive communication to contact the custodian by first-class United States mail is returned to the holder undelivered by the United States postal service; or (2) The date established by subdivision (a)(2). (c) When the minor on whose behalf an account described in subsection (a) reaches the age required for transfer to a minor of custodial property under applicable law, the property in the account is no longer subject to this section. Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017. Acts 1978, ch. 561, § 7; T.C.A., §§ 64-2907, 66-29-107; Acts 1984, ch. 544, § 4.
(a) Except as otherwise provided in § 66-29-113 , property held in an account established under title 35, chapter 7, is presumed abandoned if it is unclaimed by or on behalf of the minor on whose behalf the account was opened three (3) years after the later of: (1) The date a second consecutive communication sent by the holder by first-class United States mail to the custodian of the minor on whose behalf the account was opened is returned undelivered to the holder by the United States postal service, or, if the second communication is sent later than thirty (30) days after the date the first communication is returned undelivered, the date the first communication was returned undelivered by the United States postal service; or (2) The date on which the minor on whose behalf the account was opened reaches the statutory age of majority in accordance with title 35, chapter 7, under which the account was opened.
(1) The date a second consecutive communication sent by the holder by first-class United States mail to the custodian of the minor on whose behalf the account was opened is returned undelivered to the holder by the United States postal service, or, if the second communication is sent later than thirty (30) days after the date the first communication is returned undelivered, the date the first communication was returned undelivered by the United States postal service; or
(2) The date on which the minor on whose behalf the account was opened reaches the statutory age of majority in accordance with title 35, chapter 7, under which the account was opened.
(b) If the custodian of the minor on whose behalf an account described in subsection (a) was opened does not receive communications from the holder by first-class United States mail, the holder shall attempt to confirm the custodian's interest in the property by sending the custodian an electronic mail communication not later than two (2) years after the custodian's last indication of interest in the property. If the holder receives notification that the electronic mail communication was not received, or if the custodian does not respond to the electronic mail communication within thirty (30) days after the communication was sent, the holder shall promptly attempt to contact the custodian by first-class United States mail. If the mail is returned undelivered to the holder by the United States postal service, the property is presumed abandoned three (3) years after the later of: (1) The date a second consecutive communication to contact the custodian by first-class United States mail is returned to the holder undelivered by the United States postal service; or (2) The date established by subdivision (a)(2).
(1) The date a second consecutive communication to contact the custodian by first-class United States mail is returned to the holder undelivered by the United States postal service; or
(2) The date established by subdivision (a)(2).
(c) When the minor on whose behalf an account described in subsection (a) reaches the age required for transfer to a minor of custodial property under applicable law, the property in the account is no longer subject to this section.
Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Acts 1978, ch. 561, § 7; T.C.A., §§ 64-2907, 66-29-107; Acts 1984, ch. 544, § 4.
Tenn. Code Ann. § 66-28-105 — TN Code / Title 66 / Chapter 28 / Section 66-28-105
Jurisdiction and service of process
Status: in_force

(a) The general sessions and circuit courts of this state shall exercise original jurisdiction over any landlord or tenant with respect to any conduct in this state governed by this chapter. In addition to any other method provided by rule or by statute, personal jurisdiction over the parties may be acquired in a civil action or proceeding instituted in law or equity by service of process in the manner provided by law. (b) A landlord who is not a resident of this state or is a corporation not authorized to do business in this state and engages in a transaction subject to this chapter may designate an agent upon whom service of process may be made in this state. The agent shall be a resident of this state or a corporation authorized to do business in this state. The designation shall be in writing, filed with the secretary of state, and must set forth the name and street address, including zip code, of the agent, the name and street address, including zip code, of the landlord and be accompanied by a ten-dollar filing fee. If no designation is made and filed or if process cannot be served in this state upon the designated agent, process may be served upon the secretary of state forthwith by mailing a copy of the process and pleading by registered or certified mail to the defendant or respondent at that party's last known address. The process must be accompanied by a ten-dollar fee and specify the address of the defendant. An affidavit of service shall be filed by the secretary of state with the clerk of the court on or before the return day of the process. Acts 1975, ch. 245, § 1.203; T.C.A., § 64-2805; Acts 1991, ch. 297, § 1.
(a) The general sessions and circuit courts of this state shall exercise original jurisdiction over any landlord or tenant with respect to any conduct in this state governed by this chapter. In addition to any other method provided by rule or by statute, personal jurisdiction over the parties may be acquired in a civil action or proceeding instituted in law or equity by service of process in the manner provided by law.
(b) A landlord who is not a resident of this state or is a corporation not authorized to do business in this state and engages in a transaction subject to this chapter may designate an agent upon whom service of process may be made in this state. The agent shall be a resident of this state or a corporation authorized to do business in this state. The designation shall be in writing, filed with the secretary of state, and must set forth the name and street address, including zip code, of the agent, the name and street address, including zip code, of the landlord and be accompanied by a ten-dollar filing fee. If no designation is made and filed or if process cannot be served in this state upon the designated agent, process may be served upon the secretary of state forthwith by mailing a copy of the process and pleading by registered or certified mail to the defendant or respondent at that party's last known address. The process must be accompanied by a ten-dollar fee and specify the address of the defendant. An affidavit of service shall be filed by the secretary of state with the clerk of the court on or before the return day of the process.
Acts 1975, ch. 245, § 1.203; T.C.A., § 64-2805; Acts 1991, ch. 297, § 1.
Tenn. Code Ann. § 66-29-126 — TN Code / Title 66 / Chapter 29 / Section 66-29-126
Retention of records by holder
Status: in_force

A holder required to file a report under § 66-29-123 shall retain records for ten (10) years after the later of the date the report was filed or the last date a timely report was due to be filed, unless a shorter period is prescribed by rule of the treasurer. A holder may satisfy the requirement to retain records under this section through an agent. The records must contain: (1) The information required to be included in the report; (2) The date, place, and nature of the circumstances that gave rise to the property right; (3) The amount or value of the property; (4) The last address of the apparent owner, if known to the holder; and (5) If the holder sells, issues, or provides to others for sale or issue in this state traveler's checks, money orders, or similar instruments, other than third-party bank checks, and on which the holder is directly liable a record of the instruments while they remain outstanding indicating the state and date of issuance. Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017. Acts 2010, ch. 791, § 2.
A holder required to file a report under § 66-29-123 shall retain records for ten (10) years after the later of the date the report was filed or the last date a timely report was due to be filed, unless a shorter period is prescribed by rule of the treasurer. A holder may satisfy the requirement to retain records under this section through an agent. The records must contain:
(1) The information required to be included in the report;
(2) The date, place, and nature of the circumstances that gave rise to the property right;
(3) The amount or value of the property;
(4) The last address of the apparent owner, if known to the holder; and
(5) If the holder sells, issues, or provides to others for sale or issue in this state traveler's checks, money orders, or similar instruments, other than third-party bank checks, and on which the holder is directly liable a record of the instruments while they remain outstanding indicating the state and date of issuance.
Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Acts 2010, ch. 791, § 2.
Tenn. Code Ann. § 66-32-205 — TN Code / Title 66 / Chapter 32 / Section 66-32-205
"Vacation club interest" defined
Status: in_force

"Vacation club interest" means and includes the following interests in a vacation club: (1) A "specific time-share interest," which is a right to use a specific accommodation or accommodations, and facilities at one (1) component site of a vacation club, for the remaining term of the vacation club in the event that the reservation system is terminated for any reason prior to the expiration of the term of the vacation club, together with use rights in the other accommodations and facilities of the vacation club created by or acquired through the reservation system; provided, that there is a one-to-one purchaser to accommodation ratio for each time-share interval, which entitles a particular owner who complies fully with the reservation system's rules and regulations to reserve, use and occupy a protected accommodation of the vacation club completely independent of any other owner's failure for reason to reserve, use, or occupy an accommodation of the vacation club; and (2) A "nonspecific time-share interest," which is a right to use all of the accommodations and facilities of a vacation club created by or acquired through the reservation system, but including no specific right to use any particular accommodations or facilities for the remaining term of the vacation club in the event that the reservation system is terminated for any reason prior to the expiration of the term of the vacation club; provided, that there is a one-to-one purchaser to accommodation ratio for each time-share interval, which entitles a particular owner who complies fully with the reservation system's rules and regulations to reserve, use and occupy a protected accommodation of the vacation club completely independent of any other owner's failure for reason to reserve, use, or occupy an accommodation of the vacation club. Acts 1995, ch. 90, § 6.
"Vacation club interest" means and includes the following interests in a vacation club:
(1) A "specific time-share interest," which is a right to use a specific accommodation or accommodations, and facilities at one (1) component site of a vacation club, for the remaining term of the vacation club in the event that the reservation system is terminated for any reason prior to the expiration of the term of the vacation club, together with use rights in the other accommodations and facilities of the vacation club created by or acquired through the reservation system; provided, that there is a one-to-one purchaser to accommodation ratio for each time-share interval, which entitles a particular owner who complies fully with the reservation system's rules and regulations to reserve, use and occupy a protected accommodation of the vacation club completely independent of any other owner's failure for reason to reserve, use, or occupy an accommodation of the vacation club; and
(2) A "nonspecific time-share interest," which is a right to use all of the accommodations and facilities of a vacation club created by or acquired through the reservation system, but including no specific right to use any particular accommodations or facilities for the remaining term of the vacation club in the event that the reservation system is terminated for any reason prior to the expiration of the term of the vacation club; provided, that there is a one-to-one purchaser to accommodation ratio for each time-share interval, which entitles a particular owner who complies fully with the reservation system's rules and regulations to reserve, use and occupy a protected accommodation of the vacation club completely independent of any other owner's failure for reason to reserve, use, or occupy an accommodation of the vacation club.
Acts 1995, ch. 90, § 6.
Tenn. Code Ann. § 66-24-102 — TN Code / Title 66 / Chapter 24 / Section 66-24-102
Certificates registered
Status: in_force

With the deed or instrument shall be registered all certificates of probate or acknowledgment, with the certificates for the authentication thereof, any commission to take acknowledgment or examination, and any correction made of the certificates as provided in this chapter. Code 1858, § 2031 (deriv. Acts 1807, ch. 85, § 3; 1831, ch. 90, § 5); Shan., § 3698; Code 1932, § 7622; T.C.A. (orig. ed.), § 64-2402.
With the deed or instrument shall be registered all certificates of probate or acknowledgment, with the certificates for the authentication thereof, any commission to take acknowledgment or examination, and any correction made of the certificates as provided in this chapter.
Code 1858, § 2031 (deriv. Acts 1807, ch. 85, § 3; 1831, ch. 90, § 5); Shan., § 3698; Code 1932, § 7622; T.C.A. (orig. ed.), § 64-2402.
Tenn. Code Ann. § 66-13-102 — TN Code / Title 66 / Chapter 13 / Section 66-13-102
Duration
Status: in_force

The lien created in § 66-13-101 shall only extend to and protect those claims as may have accrued within three (3) months of the bringing of any suit for the enforcement of the lien, and shall continue during the pendency of any suit brought for its enforcement. Acts 1883, ch. 18, §§ 1, 2; 1897, ch. 78, § 2; Shan., §3565; mod. Code 1932, §7990; T.C.A. (orig. ed.), § 64-1302.
The lien created in § 66-13-101 shall only extend to and protect those claims as may have accrued within three (3) months of the bringing of any suit for the enforcement of the lien, and shall continue during the pendency of any suit brought for its enforcement.
Acts 1883, ch. 18, §§ 1, 2; 1897, ch. 78, § 2; Shan., §3565; mod. Code 1932, §7990; T.C.A. (orig. ed.), § 64-1302.