Tenn. Code Ann. § 66-27-418 — TN Code / Title 66 / Chapter 27 / Section 66-27-418
Association as trustee
Status: in_force

With respect to a third person dealing with the association in the association's capacity as a trustee, either under § 66-27-413 for insurance proceeds, or § 66-27-318 following termination, the existence of trust powers and their proper exercise by the association may be assumed without inquiry. A third person is not bound to inquire whether the association has power to act as trustee or is properly exercising trust powers. A third person, without actual knowledge that the association is exceeding or improperly exercising its powers, is fully protected in dealing with the association as if it possessed and properly exercised the powers it purports to exercise. A third person is not bound to assure the proper application of trust assets paid or delivered to the association in its capacity as trustee. Acts 2008, ch. 766, § 1.
With respect to a third person dealing with the association in the association's capacity as a trustee, either under § 66-27-413 for insurance proceeds, or § 66-27-318 following termination, the existence of trust powers and their proper exercise by the association may be assumed without inquiry. A third person is not bound to inquire whether the association has power to act as trustee or is properly exercising trust powers. A third person, without actual knowledge that the association is exceeding or improperly exercising its powers, is fully protected in dealing with the association as if it possessed and properly exercised the powers it purports to exercise. A third person is not bound to assure the proper application of trust assets paid or delivered to the association in its capacity as trustee.
Acts 2008, ch. 766, § 1.
Tenn. Code Ann. § 66-32-129 — TN Code / Title 66 / Chapter 32 / Section 66-32-129
Protection of lienholder
Status: in_force

The lienholder in any time-share program shall have the following rights: (1) A lienholder's lien rights shall be preserved as against any purchaser of time-share interval claiming that the time-share is invalid, void or voidable, thirty (30) days after written notice by certified mail or personal delivery has been given by the developer to the purchaser. Such notice must state the developer has assigned the receivables to the lienholder and that purchaser has thirty (30) days within which to object and specify the invalidity or defect contained within such instrument; (2) Any purchaser who fails to indicate the invalidity, void or voidableness as provided in subdivision (1) waives or is estopped to raise, the same in any subsequent enforcement of the collection of the receivable by the lienholder. Acts 1981, ch. 372, § 30; T.C.A., § 64-3230.
The lienholder in any time-share program shall have the following rights:
(1) A lienholder's lien rights shall be preserved as against any purchaser of time-share interval claiming that the time-share is invalid, void or voidable, thirty (30) days after written notice by certified mail or personal delivery has been given by the developer to the purchaser. Such notice must state the developer has assigned the receivables to the lienholder and that purchaser has thirty (30) days within which to object and specify the invalidity or defect contained within such instrument;
(2) Any purchaser who fails to indicate the invalidity, void or voidableness as provided in subdivision (1) waives or is estopped to raise, the same in any subsequent enforcement of the collection of the receivable by the lienholder.
Acts 1981, ch. 372, § 30; T.C.A., § 64-3230.
Tenn. Code Ann. § 66-9-203 — TN Code / Title 66 / Chapter 9 / Section 66-9-203
"Solar energy system" defined
Status: in_force

As used in this part, "solar energy system" means any device, mechanism, structure, apparatus, or part thereof, whose primary purpose is to collect solar energy and convert and store it for useful purposes including heating and cooling buildings or other energy saving processes, or to produce generated power by means of any combination of collecting, transferring, or converting solar generated energy. Acts 1979, ch. 259, § 3; T.C.A., § 64-9-203.
As used in this part, "solar energy system" means any device, mechanism, structure, apparatus, or part thereof, whose primary purpose is to collect solar energy and convert and store it for useful purposes including heating and cooling buildings or other energy saving processes, or to produce generated power by means of any combination of collecting, transferring, or converting solar generated energy.
Acts 1979, ch. 259, § 3; T.C.A., § 64-9-203.
Tenn. Code Ann. § 66-22-101 — TN Code / Title 66 / Chapter 22 / Section 66-22-101
Authentication
Status: in_force

(a) Unless otherwise provided by law, to authenticate an instrument or document for registration or recording in the office of the county register, the maker or the natural person acting on behalf of the maker shall execute the instrument or document by that person's original signature, and the signature shall be either acknowledged according to law or proved by at least two (2) subscribing witnesses. The county register may refuse to record any instrument or document not authenticated in accordance with this section. (b) For purposes of this section, "person's original signature" includes an electronic signature as defined in § 8-16-302 . (c) For purposes of this title and subject to subsection (d), a person may personally appear before the officer taking the acknowledgment by: (1) Appearing physically before the officer; or (2) Appearing by means of an interactive two-way audio and video communication that meets the online notarization requirements under rules promulgated by the secretary of state pursuant to the Online Notary Public Act, compiled in title 8, chapter 16, part 3, to provide for the orderly administration of this chapter. (d) The acknowledging officer must designate in the acknowledgment form whether the principal personally appeared before the officer by means of an interactive two-way audio and video communication pursuant to subdivision (c)(2). If the person appears by means of an interactive two-way audio and video communication, the appearance and the certificate shall be deemed compliant with this chapter if the acknowledging officer amends the acknowledgment forms set forth in §§ 66-22-107 , 66-22-108 , and 66-22-114 , to read "personally appeared before me by audio-video communication" or "personally appeared by audio-video communication" or "before me appear by audio-video communication" rather than "personally appeared before me" or "personally appeared" or "before me appear". Amended by 2018 Tenn. Acts, ch. 931, s 1, eff. 7/1/2019. Code 1858, § 2038 (deriv. Acts 1805, ch. 16, § 2; 1807, ch. 85, §3; 1831, ch. 90, §1; 1839-1840, ch. 26, § 1); Shan., § 3712; Code 1932, § 7630; T.C.A. (orig. ed.), § 64-2201; Acts 1986, ch. 717, § 1; 2004, ch. 576, § 1.
(a) Unless otherwise provided by law, to authenticate an instrument or document for registration or recording in the office of the county register, the maker or the natural person acting on behalf of the maker shall execute the instrument or document by that person's original signature, and the signature shall be either acknowledged according to law or proved by at least two (2) subscribing witnesses. The county register may refuse to record any instrument or document not authenticated in accordance with this section.
(b) For purposes of this section, "person's original signature" includes an electronic signature as defined in § 8-16-302 .
(c) For purposes of this title and subject to subsection (d), a person may personally appear before the officer taking the acknowledgment by: (1) Appearing physically before the officer; or (2) Appearing by means of an interactive two-way audio and video communication that meets the online notarization requirements under rules promulgated by the secretary of state pursuant to the Online Notary Public Act, compiled in title 8, chapter 16, part 3, to provide for the orderly administration of this chapter.
(1) Appearing physically before the officer; or
(2) Appearing by means of an interactive two-way audio and video communication that meets the online notarization requirements under rules promulgated by the secretary of state pursuant to the Online Notary Public Act, compiled in title 8, chapter 16, part 3, to provide for the orderly administration of this chapter.
(d) The acknowledging officer must designate in the acknowledgment form whether the principal personally appeared before the officer by means of an interactive two-way audio and video communication pursuant to subdivision (c)(2). If the person appears by means of an interactive two-way audio and video communication, the appearance and the certificate shall be deemed compliant with this chapter if the acknowledging officer amends the acknowledgment forms set forth in §§ 66-22-107 , 66-22-108 , and 66-22-114 , to read "personally appeared before me by audio-video communication" or "personally appeared by audio-video communication" or "before me appear by audio-video communication" rather than "personally appeared before me" or "personally appeared" or "before me appear".
Amended by 2018 Tenn. Acts, ch. 931, s 1, eff. 7/1/2019.
Code 1858, § 2038 (deriv. Acts 1805, ch. 16, § 2; 1807, ch. 85, §3; 1831, ch. 90, §1; 1839-1840, ch. 26, § 1); Shan., § 3712; Code 1932, § 7630; T.C.A. (orig. ed.), § 64-2201; Acts 1986, ch. 717, § 1; 2004, ch. 576, § 1.
Tenn. Code Ann. § 66-22-110 — TN Code / Title 66 / Chapter 22 / Section 66-22-110
Acknowledgments under seal
Status: in_force

All acknowledgments shall be under the seal of office of the officer taking same. Code 1858, § 2043 (deriv. Acts 1839-1840, ch. 26, § 2); Shan., §3718; mod. Code 1932, § 7636; T.C.A. (orig. ed.), § 64-2210.
All acknowledgments shall be under the seal of office of the officer taking same.
Code 1858, § 2043 (deriv. Acts 1839-1840, ch. 26, § 2); Shan., §3718; mod. Code 1932, § 7636; T.C.A. (orig. ed.), § 64-2210.
Tenn. Code Ann. § 66-7-106 — TN Code / Title 66 / Chapter 7 / Section 66-7-106
Leasing to blind persons
Status: in_force

(a) Any legally blind person in this state whose loss of sight necessitates a guide dog for mobility purposes, which has been obtained from a recognized school of training for such purposes, may not be denied the right to lease an apartment or other types of dwellings as a consequence of having a guide dog. (b) Because the guide dog is essential to the mobility of its master, no deposit may be required to be paid, with respect to the dog, by the legally blind person to the owner, manager, landlord or agent of any such attendance. (c) No restrictions may be imposed upon the legally blind person regarding the whereabouts of the animal so long as its master is in attendance. (d) Any owner, manager, landlord or agent who refuses to lease living space to any legally blind person because of a guide dog, or violates this section, commits a Class C misdemeanor. Acts 1982, ch. 951, § 1; 1989, ch. 591, § 113.
(a) Any legally blind person in this state whose loss of sight necessitates a guide dog for mobility purposes, which has been obtained from a recognized school of training for such purposes, may not be denied the right to lease an apartment or other types of dwellings as a consequence of having a guide dog.
(b) Because the guide dog is essential to the mobility of its master, no deposit may be required to be paid, with respect to the dog, by the legally blind person to the owner, manager, landlord or agent of any such attendance.
(c) No restrictions may be imposed upon the legally blind person regarding the whereabouts of the animal so long as its master is in attendance.
(d) Any owner, manager, landlord or agent who refuses to lease living space to any legally blind person because of a guide dog, or violates this section, commits a Class C misdemeanor.
Acts 1982, ch. 951, § 1; 1989, ch. 591, § 113.
Tenn. Code Ann. § 66-27-801 — TN Code / Title 66 / Chapter 27 / Section 66-27-801
Part definitions
Status: in_force

As used in this part: (1) "Gated subdivision" means a neighborhood with at least three hundred (300) single family residential homes and two (2) or more gates restricting ingress and egress to the neighborhood from a public street; and (2) "Homeowners' association" has the same meaning as defined in § 66-27-701 . Added by 2024 Tenn. Acts, ch. 645,s 1, eff. 7/1/2024.
As used in this part:
(1) "Gated subdivision" means a neighborhood with at least three hundred (300) single family residential homes and two (2) or more gates restricting ingress and egress to the neighborhood from a public street; and
(2) "Homeowners' association" has the same meaning as defined in § 66-27-701 .
Added by 2024 Tenn. Acts, ch. 645,s 1, eff. 7/1/2024.
Tenn. Code Ann. § 66-9-208 — TN Code / Title 66 / Chapter 9 / Section 66-9-208
Expansion of guidance and resources concerning solar power on the department of environment and conservation website
Status: in_force

The office of energy programs of the department of environment and conservation shall expand and maintain its existing website with additional guidance and resources regarding: (1) Utility scale solar for local governments, landowners, developers, and the public; and (2) Residential solar for the public. Added by 2024 Tenn. Acts, ch. 705,s 2, eff. 7/1/2024.
The office of energy programs of the department of environment and conservation shall expand and maintain its existing website with additional guidance and resources regarding:
(1) Utility scale solar for local governments, landowners, developers, and the public; and
(2) Residential solar for the public.
Added by 2024 Tenn. Acts, ch. 705,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 66-26-108 — TN Code / Title 66 / Chapter 26 / Section 66-26-108
Presumption as to deeds by attorneys after twenty years' registration
Status: in_force

In all cases where a deed or deeds conveying real estate have been executed by any person or persons purporting to act as attorney or attorneys in fact, which deed or deeds have been registered, whether with or without proper probate or acknowledgment, or any probate or acknowledgment at all, twenty (20) years or more in the register's office of the county where the real estate is situated, or, if the land lay within the Indian territory at the time of the conveyance, if registered in the register's office of any county in the state, it shall be presumed, unless and until the contrary is shown, as it may be, that the conveyance was properly made by the attorney or attorneys in fact, and such deed or deeds, or certified copies from the register's books, shall be deemed valid to pass the legal title to real estate in the same manner as if the same had been executed by the principal or principals; provided, that nothing contained in this section shall affect the rights of creditors or purchasers for valuable consideration without notice. Acts 1859-1860, ch. 91, § 1; Shan., § 3764; mod. Code 1932, §7675; T.C.A. (orig. ed.), § 64-2608.
In all cases where a deed or deeds conveying real estate have been executed by any person or persons purporting to act as attorney or attorneys in fact, which deed or deeds have been registered, whether with or without proper probate or acknowledgment, or any probate or acknowledgment at all, twenty (20) years or more in the register's office of the county where the real estate is situated, or, if the land lay within the Indian territory at the time of the conveyance, if registered in the register's office of any county in the state, it shall be presumed, unless and until the contrary is shown, as it may be, that the conveyance was properly made by the attorney or attorneys in fact, and such deed or deeds, or certified copies from the register's books, shall be deemed valid to pass the legal title to real estate in the same manner as if the same had been executed by the principal or principals; provided, that nothing contained in this section shall affect the rights of creditors or purchasers for valuable consideration without notice.
Acts 1859-1860, ch. 91, § 1; Shan., § 3764; mod. Code 1932, §7675; T.C.A. (orig. ed.), § 64-2608.
Tenn. Code Ann. § 66-11-112 — TN Code / Title 66 / Chapter 11 / Section 66-11-112
Preservation of priority of lien for subsequent purchasers or encumbrancers - Abandonment - Lien on structure with water furnished by well - Form for notice of lien
Status: in_force

(a) In order to preserve the priority of the lien provided by this chapter as of the date of its attachment, as concerns subsequent purchasers or encumbrancers for a valuable consideration without notice of the lien, though not as concerns the owner, the lienor, who has not recorded the lienor's contract pursuant to § 66-11-111 , is required to record in the office of the register of deeds of the county where the real property, or any part affected, lies, a sworn statement of the amount for, and a reasonably certain description of the real property on, which the lien is claimed. The recording party shall pay filing fees, and shall be provided a receipt for the filing fees, which amount shall be part of the lien amount. Recordation is required to be done no later than ninety (90) days after the date the improvement is complete or is abandoned, prior to which time the lien shall be effective as against the purchasers or encumbrancers without the recordation. The owner shall serve thirty (30) days' notice on prime contractors and on all of those lienors who have served notice in accordance with § 66-11-145 prior to the owner's transfer of any interest to a subsequent purchaser or encumbrancer for a valuable consideration. If the sworn statement is not recorded within that time, the lien's priority as to subsequent purchasers or encumbrancers shall be determined as if it attached as of the time the sworn statement is recorded. (b) A building, structure or improvement shall be deemed to have been abandoned for purposes of this chapter when there is a cessation of operation for a period of ninety (90) days and an intent on the part of the owner or prime contractor to cease operations permanently, or at least for an indefinite period. (c) Any other provision to the contrary notwithstanding, any lien acquired under contract executed on or after April 17, 1972, by virtue of § 66-11-141 , may be filed within ninety (90) days after completion of the structure that is, or is intended to be, furnished water by virtue of drilling a well. (d) The statement provided for in subsection (a) may be in substantially the following form: Click here to view form. Code 1932, § 7919; Acts 1972, ch. 747, §§ 1, 3; 1977, ch. 373, § 1; T.C.A. (orig. ed.), § 64-1112; Acts 1990, ch. 854, § 3; 2007 , ch. 189, § 12.
(a) In order to preserve the priority of the lien provided by this chapter as of the date of its attachment, as concerns subsequent purchasers or encumbrancers for a valuable consideration without notice of the lien, though not as concerns the owner, the lienor, who has not recorded the lienor's contract pursuant to § 66-11-111 , is required to record in the office of the register of deeds of the county where the real property, or any part affected, lies, a sworn statement of the amount for, and a reasonably certain description of the real property on, which the lien is claimed. The recording party shall pay filing fees, and shall be provided a receipt for the filing fees, which amount shall be part of the lien amount. Recordation is required to be done no later than ninety (90) days after the date the improvement is complete or is abandoned, prior to which time the lien shall be effective as against the purchasers or encumbrancers without the recordation. The owner shall serve thirty (30) days' notice on prime contractors and on all of those lienors who have served notice in accordance with § 66-11-145 prior to the owner's transfer of any interest to a subsequent purchaser or encumbrancer for a valuable consideration. If the sworn statement is not recorded within that time, the lien's priority as to subsequent purchasers or encumbrancers shall be determined as if it attached as of the time the sworn statement is recorded.
(b) A building, structure or improvement shall be deemed to have been abandoned for purposes of this chapter when there is a cessation of operation for a period of ninety (90) days and an intent on the part of the owner or prime contractor to cease operations permanently, or at least for an indefinite period.
(c) Any other provision to the contrary notwithstanding, any lien acquired under contract executed on or after April 17, 1972, by virtue of § 66-11-141 , may be filed within ninety (90) days after completion of the structure that is, or is intended to be, furnished water by virtue of drilling a well.
(d) The statement provided for in subsection (a) may be in substantially the following form: Click here to view form.
Click here to view form.
Code 1932, § 7919; Acts 1972, ch. 747, §§ 1, 3; 1977, ch. 373, § 1; T.C.A. (orig. ed.), § 64-1112; Acts 1990, ch. 854, § 3; 2007 , ch. 189, § 12.
11_112_1 - Attachment
Tenn. Code Ann. § 66-26-101 — TN Code / Title 66 / Chapter 26 / Section 66-26-101
Effect of instruments with or without registration
Status: in_force

All of the instruments mentioned in § 66-24-101 shall have effect between the parties to the same, and their heirs and representatives, without registration; but as to other persons, not having actual notice of them, only from the noting thereof for registration on the books of the register, unless otherwise expressly provided. Code 1858, § 2072 (deriv. Acts 1831, ch. 90, §§ 6, 12; 1841-1842, ch. 12, § 2); Shan., §3749; Code 1932, § 7665; T.C.A. (orig. ed.), § 64-2601.
All of the instruments mentioned in § 66-24-101 shall have effect between the parties to the same, and their heirs and representatives, without registration; but as to other persons, not having actual notice of them, only from the noting thereof for registration on the books of the register, unless otherwise expressly provided.
Code 1858, § 2072 (deriv. Acts 1831, ch. 90, §§ 6, 12; 1841-1842, ch. 12, § 2); Shan., §3749; Code 1932, § 7665; T.C.A. (orig. ed.), § 64-2601.
Tenn. Code Ann. § 66-17-101 — TN Code / Title 66 / Chapter 17 / Section 66-17-101
Scope of lien
Status: in_force

All keepers of hotels, boardinghouses, and lodging houses, whether licensed or not, shall have a lien on all furniture, baggage, wearing apparel, or other goods and chattels brought into any such hotel, boardinghouse, or lodginghouse, by any guest or patron of the same, to secure the payment by such guest of all sums due for board or lodging. Acts 1879, ch. 109, § 1; Shan., § 3590; Code 1932, § 8012; T.C.A. (orig. ed.), § 64-1701.
All keepers of hotels, boardinghouses, and lodging houses, whether licensed or not, shall have a lien on all furniture, baggage, wearing apparel, or other goods and chattels brought into any such hotel, boardinghouse, or lodginghouse, by any guest or patron of the same, to secure the payment by such guest of all sums due for board or lodging.
Acts 1879, ch. 109, § 1; Shan., § 3590; Code 1932, § 8012; T.C.A. (orig. ed.), § 64-1701.
Tenn. Code Ann. § 66-8-108 — TN Code / Title 66 / Chapter 8 / Section 66-8-108
Redemption from redeeming creditor
Status: in_force

A bona fide creditor, who redeems from the purchaser at the sale, shall hold the property subject to redemption by the original debtor, or any other of the original debtor's creditors, upon the same terms on which it was redeemable in the hands of the first purchaser or any person claiming under that purchaser; that is to say, by the party proposing to redeem paying or tendering to the person holding the land the amount of money paid or credited by that purchaser, with interest at the current composite prime rate as published by the federal reserve board as of the date of purchase per annum thereon, and also agreeing to pay to the debtor the further sum of ten percent (10%) or more on the sum bid for the land when sold, or crediting the debtor with that amount or more on the debt owing to the purchaser by the debtor, or with a sum equal to ten percent (10%) or more upon the judgment of the creditor, at the election of the creditor. Code 1858, § 2128 (deriv. Acts 1820, ch. 11, § 3; 1842 (E.S.), ch. 6, §§ 6, 9); Acts 1859-1860, ch. 84; Shan., § 3815; Code 1932, § 7740; T.C.A. (orig. ed.), § 64-808; Acts 1983, ch. 182, § 2.
A bona fide creditor, who redeems from the purchaser at the sale, shall hold the property subject to redemption by the original debtor, or any other of the original debtor's creditors, upon the same terms on which it was redeemable in the hands of the first purchaser or any person claiming under that purchaser; that is to say, by the party proposing to redeem paying or tendering to the person holding the land the amount of money paid or credited by that purchaser, with interest at the current composite prime rate as published by the federal reserve board as of the date of purchase per annum thereon, and also agreeing to pay to the debtor the further sum of ten percent (10%) or more on the sum bid for the land when sold, or crediting the debtor with that amount or more on the debt owing to the purchaser by the debtor, or with a sum equal to ten percent (10%) or more upon the judgment of the creditor, at the election of the creditor.
Code 1858, § 2128 (deriv. Acts 1820, ch. 11, § 3; 1842 (E.S.), ch. 6, §§ 6, 9); Acts 1859-1860, ch. 84; Shan., § 3815; Code 1932, § 7740; T.C.A. (orig. ed.), § 64-808; Acts 1983, ch. 182, § 2.
Tenn. Code Ann. § 66-28-303 — TN Code / Title 66 / Chapter 28 / Section 66-28-303
Possession of dwelling
Status: in_force

At the commencement of the terms, the landlord shall deliver possession of the premises to the tenant in compliance with the rental agreement and § 66-28-304 . The landlord may bring an action for possession against any person wrongfully in possession and may recover the damages provided in § 66-28-512(c) . Acts 1975, ch. 245, § 2.103; T.C.A., § 64-2823.
At the commencement of the terms, the landlord shall deliver possession of the premises to the tenant in compliance with the rental agreement and § 66-28-304 . The landlord may bring an action for possession against any person wrongfully in possession and may recover the damages provided in § 66-28-512(c) .
Acts 1975, ch. 245, § 2.103; T.C.A., § 64-2823.
Tenn. Code Ann. § 66-1-108 — TN Code / Title 66 / Chapter 1 / Section 66-1-108
Survivorship in partnership property
Status: in_force

Nothing in § 66-1-107 is intended to affect the right of a surviving partner to the joint property of the firm to settle the partnership business; such partner shall account with the heirs and personal representatives of the deceased partner for the surviving partner's share in the surplus. Code 1858, § 2011 (deriv. Acts 1784 (Apr.), ch. 22, § 6); Shan., § 3678; mod. Code 1932, § 7605; T.C.A. (orig. ed.), § 64-108.
Nothing in § 66-1-107 is intended to affect the right of a surviving partner to the joint property of the firm to settle the partnership business; such partner shall account with the heirs and personal representatives of the deceased partner for the surviving partner's share in the surplus.
Code 1858, § 2011 (deriv. Acts 1784 (Apr.), ch. 22, § 6); Shan., § 3678; mod. Code 1932, § 7605; T.C.A. (orig. ed.), § 64-108.
Tenn. Code Ann. § 66-29-116 — TN Code / Title 66 / Chapter 29 / Section 66-29-116
Last known address of apparent owner
Status: in_force

Under this part: (1) The last known address of an apparent owner is any description, code, or other indication of the location of the apparent owner that identifies the state of residence, regardless of whether the description, code, or indication of location is sufficient to direct the delivery of first-class United States mail to the apparent owner; (2) If the United States postal zip code associated with the apparent owner is for a post office located in this state, this state is deemed to be the state of the last known address of the apparent owner unless other records associated with the apparent owner specifically indicate that the physical address of the apparent owner is located in a different state; (3) If records indicate that the address of the apparent owner is located in a different state in accordance with subdivision (2), the different state is deemed to be the state of the last known address of the apparent owner; and (4) The address of the apparent owner of a life or endowment insurance policy or annuity contract or its proceeds is presumed to be the address of the insured or annuitant if a person other than the insured or annuitant is entitled to the amount owed under the policy or contract and the address of the other person is not known by the insurance company and cannot be identified under § 66-29-117 . Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017. Acts 1978, ch. 561, § 16; T.C.A., § 64-2916.
Under this part:
(1) The last known address of an apparent owner is any description, code, or other indication of the location of the apparent owner that identifies the state of residence, regardless of whether the description, code, or indication of location is sufficient to direct the delivery of first-class United States mail to the apparent owner;
(2) If the United States postal zip code associated with the apparent owner is for a post office located in this state, this state is deemed to be the state of the last known address of the apparent owner unless other records associated with the apparent owner specifically indicate that the physical address of the apparent owner is located in a different state;
(3) If records indicate that the address of the apparent owner is located in a different state in accordance with subdivision (2), the different state is deemed to be the state of the last known address of the apparent owner; and
(4) The address of the apparent owner of a life or endowment insurance policy or annuity contract or its proceeds is presumed to be the address of the insured or annuitant if a person other than the insured or annuitant is entitled to the amount owed under the policy or contract and the address of the other person is not known by the insurance company and cannot be identified under § 66-29-117 .
Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Acts 1978, ch. 561, § 16; T.C.A., § 64-2916.
Tenn. Code Ann. § 66-27-110 — TN Code / Title 66 / Chapter 27 / Section 66-27-110
Horizontal property regime following merger
Status: in_force

The merger provided for in § 66-27-109 shall in no way bar the subsequent constitution of the property into another horizontal property regime whenever so desired and upon observance of this part. Acts 1963, ch. 124, § 10; T.C.A., § 64-2710.
The merger provided for in § 66-27-109 shall in no way bar the subsequent constitution of the property into another horizontal property regime whenever so desired and upon observance of this part.
Acts 1963, ch. 124, § 10; T.C.A., § 64-2710.
Tenn. Code Ann. § 66-2-301 — TN Code / Title 66 / Chapter 2 / Section 66-2-301
Alien capability of owning, holding and devising lands and tenements
Status: in_force

Except as otherwise provided in this part, all aliens are capable of taking, by deed or will, lands and tenements in fee simple, or other less estate, and of holding, aliening, and devising them. As used in this section, "alien" includes a resident alien or nonresident alien who is not a prohibited foreign party. Amended by 2024 Tenn. Acts, ch. 995,s 1, eff. 1/1/2025. Added by 2023 Tenn. Acts, ch. 369, s 3, eff. 7/1/2023.
Except as otherwise provided in this part, all aliens are capable of taking, by deed or will, lands and tenements in fee simple, or other less estate, and of holding, aliening, and devising them. As used in this section, "alien" includes a resident alien or nonresident alien who is not a prohibited foreign party.
Amended by 2024 Tenn. Acts, ch. 995,s 1, eff. 1/1/2025.
Added by 2023 Tenn. Acts, ch. 369, s 3, eff. 7/1/2023.
Tenn. Code Ann. § 66-32-105 — TN Code / Title 66 / Chapter 32 / Section 66-32-105
Time-share units
Status: in_force

A time-share program may be created in any unit, unless expressly prohibited by the project instruments or local governing laws. Acts 1981, ch. 372, § 6; T.C.A., § 64-3206.
A time-share program may be created in any unit, unless expressly prohibited by the project instruments or local governing laws.
Acts 1981, ch. 372, § 6; T.C.A., § 64-3206.
Tenn. Code Ann. § 66-21-107 — TN Code / Title 66 / Chapter 21 / Section 66-21-107
Originals filed under prior law
Status: in_force

Any original instrument evidencing a lien filed under prior law shall be maintained until released or until the lien has lapsed. Code 1932, § 8062; T.C.A. (orig. ed.), § 64-2107; Acts 1988, ch. 636, § 10.
Any original instrument evidencing a lien filed under prior law shall be maintained until released or until the lien has lapsed.
Code 1932, § 8062; T.C.A. (orig. ed.), § 64-2107; Acts 1988, ch. 636, § 10.
Tenn. Code Ann. § 66-5-109 — TN Code / Title 66 / Chapter 5 / Section 66-5-109
Effective date of conveyance
Status: in_force

(a) The effective date of any conveyance of real property in this state is presumed to be the date of the instrument of conveyance, and shall not be affected by a notary acknowledgment in such conveyance which may be dated prior or subsequent to the date of the conveyance. (b) (1) If an instrument conveying real property is not dated, but contains a notary acknowledgment which is dated, the effective date of the instrument shall be the date of the notary acknowledgment. (2) If the instrument is not dated, but contains more than one (1) notary acknowledgment, containing more than one (1) date, the latest date of a notary acknowledgment in the instrument shall be the effective date of the instrument. Acts 1989, ch. 483, §§ 1, 2.
(a) The effective date of any conveyance of real property in this state is presumed to be the date of the instrument of conveyance, and shall not be affected by a notary acknowledgment in such conveyance which may be dated prior or subsequent to the date of the conveyance.
(b) (1) If an instrument conveying real property is not dated, but contains a notary acknowledgment which is dated, the effective date of the instrument shall be the date of the notary acknowledgment. (2) If the instrument is not dated, but contains more than one (1) notary acknowledgment, containing more than one (1) date, the latest date of a notary acknowledgment in the instrument shall be the effective date of the instrument.
(1) If an instrument conveying real property is not dated, but contains a notary acknowledgment which is dated, the effective date of the instrument shall be the date of the notary acknowledgment.
(2) If the instrument is not dated, but contains more than one (1) notary acknowledgment, containing more than one (1) date, the latest date of a notary acknowledgment in the instrument shall be the effective date of the instrument.
Acts 1989, ch. 483, §§ 1, 2.
Tenn. Code Ann. § 66-29-131 — TN Code / Title 66 / Chapter 29 / Section 66-29-131
Cooperation among state officers and agencies to locate apparent owner
Status: in_force

Unless otherwise prohibited by any law of this state, on request of the treasurer, each officer, agency, board, commission, division, and department of this state, any body, politic and corporate, created by this state for a public purpose, and each political subdivision of this state shall make its books and records available to the treasurer and cooperate with the treasurer to determine the current address of an apparent owner of property held by the treasurer under this part. Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017. Acts 1978, ch. 561, § 30; T.C.A., §§ 64-2930, 66-29-130.
Unless otherwise prohibited by any law of this state, on request of the treasurer, each officer, agency, board, commission, division, and department of this state, any body, politic and corporate, created by this state for a public purpose, and each political subdivision of this state shall make its books and records available to the treasurer and cooperate with the treasurer to determine the current address of an apparent owner of property held by the treasurer under this part.
Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Acts 1978, ch. 561, § 30; T.C.A., §§ 64-2930, 66-29-130.
Tenn. Code Ann. § 66-33-102 — TN Code / Title 66 / Chapter 33 / Section 66-33-102
Chapter definitions
Status: in_force

As used in this chapter: (1) "Person" means a natural person, partnership, association, cooperative, corporation, trust, or other legal entity; (2) "Recording" means presenting a document to a county register in this state for official placement in the public land records; (3) "Residential real estate" means real property located in this state that is used primarily for personal, family, or household purposes and is improved by one (1) to four (4) dwelling units; (4) "Service agreement" means a contract pursuant to which a person agrees to provide services in connection with the sale of residential real estate or the sale of any product or the performance of any personal service on or for the maintenance of residential real estate; and (5) "Service provider" means a person who provides services or products to a consumer. Added by 2023 Tenn. Acts, ch. 160, s 1, eff. 4/17/2023.
As used in this chapter:
(1) "Person" means a natural person, partnership, association, cooperative, corporation, trust, or other legal entity;
(2) "Recording" means presenting a document to a county register in this state for official placement in the public land records;
(3) "Residential real estate" means real property located in this state that is used primarily for personal, family, or household purposes and is improved by one (1) to four (4) dwelling units;
(4) "Service agreement" means a contract pursuant to which a person agrees to provide services in connection with the sale of residential real estate or the sale of any product or the performance of any personal service on or for the maintenance of residential real estate; and
(5) "Service provider" means a person who provides services or products to a consumer.
Added by 2023 Tenn. Acts, ch. 160, s 1, eff. 4/17/2023.
Tenn. Code Ann. § 66-11-205 — TN Code / Title 66 / Chapter 11 / Section 66-11-205
Contractor's notice to owner that all liens have been paid - Guarantee - Form
Status: in_force

Upon completion of the contract or improvement and upon receipt of the contract price, the prime contractor shall deliver by registered mail or otherwise to the owner or owners of the real property a sworn affidavit and receipt substantially in the following form: State of Tennessee County of ____________________ On this ____________________day of ____________________, 20____________________, before me personally appeared ______________ (if a corporation use "____________________ President (or other officer) of (Corporate Name) a corporation"), prime contractor, to me personally known, who being duly sworn by oath, did say that all of the persons, firms, and corporations, including the prime contractor and all remote contractors and laborers, who have furnished services, labor, or materials according to the plans or specifications, or extra items used in the construction or repair of buildings and improvements on the real estate hereinafter described, have been paid in full or will be paid in full no later than ten (10) days from the date a bill is rendered for such services, labor, or materials and that such work has been fully completed and accepted by the owner, and further that such owner has paid the contract price in full, the receipt of which is hereby acknowledged. Affiant further says that no claims have been made to affiant by, nor is any suit pending on behalf of the prime contractor or any remote contractors or laborers, and further that no chattel mortgages or conditional bills of sale have been given or are now outstanding as to any materials, appliances, fixtures, or furnishings placed upon or installed in the aforementioned premises. Affiant as a party does for a valuable consideration hereby agree and guarantee to hold the owner of the real estate, the owner's successors, heirs and assigns, harmless against any lien, claim, or suit by any remote contractor or laborer and against chattel mortgages or conditional bills of sale in conjunction with the construction of such buildings or improvements on such real estate. The real estate and improvements referred to herein are situated in the County of ______________, State of Tennessee, and are described as follows: (give street address) ____________________ Prime Contractor Sworn to and subscribed before me on the date above first written. ____________________ Notary Public My Commission Expires: ______________ Amended by 2020 Tenn. Acts, ch. 749, s 14, eff. 7/1/2020. Acts 1975, ch. 364, § 5; 1977, ch. 456, § 3; T.C.A., § 64-1156.
Upon completion of the contract or improvement and upon receipt of the contract price, the prime contractor shall deliver by registered mail or otherwise to the owner or owners of the real property a sworn affidavit and receipt substantially in the following form:
State of Tennessee
County of ____________________
On this ____________________day of ____________________, 20____________________, before me personally appeared ______________ (if a corporation use "____________________ President (or other officer) of (Corporate Name) a corporation"), prime contractor, to me personally known, who being duly sworn by oath, did say that all of the persons, firms, and corporations, including the prime contractor and all remote contractors and laborers, who have furnished services, labor, or materials according to the plans or specifications, or extra items used in the construction or repair of buildings and improvements on the real estate hereinafter described, have been paid in full or will be paid in full no later than ten (10) days from the date a bill is rendered for such services, labor, or materials and that such work has been fully completed and accepted by the owner, and further that such owner has paid the contract price in full, the receipt of which is hereby acknowledged. Affiant further says that no claims have been made to affiant by, nor is any suit pending on behalf of the prime contractor or any remote contractors or laborers, and further that no chattel mortgages or conditional bills of sale have been given or are now outstanding as to any materials, appliances, fixtures, or furnishings placed upon or installed in the aforementioned premises. Affiant as a party does for a valuable consideration hereby agree and guarantee to hold the owner of the real estate, the owner's successors, heirs and assigns, harmless against any lien, claim, or suit by any remote contractor or laborer and against chattel mortgages or conditional bills of sale in conjunction with the construction of such buildings or improvements on such real estate.
The real estate and improvements referred to herein are situated in the County of ______________, State of Tennessee, and are described as follows: (give street address)
____________________
Prime Contractor
Sworn to and subscribed before me
on the date above first written.
____________________
Notary Public
My Commission Expires: ______________
Amended by 2020 Tenn. Acts, ch. 749, s 14, eff. 7/1/2020.
Acts 1975, ch. 364, § 5; 1977, ch. 456, § 3; T.C.A., § 64-1156.
Tenn. Code Ann. § 66-29-153 — TN Code / Title 66 / Chapter 29 / Section 66-29-153
Approval or denial of claim
Status: in_force

(a) The treasurer shall pay or deliver property to a claimant under § 66-29-152 : (1) If the treasurer receives evidence sufficient to establish to the reasonable satisfaction of the treasurer that the claimant is the owner of the property; or (2) Upon order of a court in accordance with § 66-29-155 . (b) Not later than ninety (90) days after a claim is filed under § 66-29-152 , the treasurer shall approve or deny the claim and give the claimant notice of the decision in a record. If the claim is denied: (1) The treasurer shall inform the claimant of the reason for the denial and specify what additional evidence, if any, is required for the claim to be approved; (2) The claimant may file an amended claim with the treasurer or commence an action under § 66-29-155 ; and (3) The treasurer shall treat an amended claim as an initial claim filed under § 66-29-152 . Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017. Acts 1991, ch. 222, § 1.
(a) The treasurer shall pay or deliver property to a claimant under § 66-29-152 : (1) If the treasurer receives evidence sufficient to establish to the reasonable satisfaction of the treasurer that the claimant is the owner of the property; or (2) Upon order of a court in accordance with § 66-29-155 .
(1) If the treasurer receives evidence sufficient to establish to the reasonable satisfaction of the treasurer that the claimant is the owner of the property; or
(2) Upon order of a court in accordance with § 66-29-155 .
(b) Not later than ninety (90) days after a claim is filed under § 66-29-152 , the treasurer shall approve or deny the claim and give the claimant notice of the decision in a record. If the claim is denied: (1) The treasurer shall inform the claimant of the reason for the denial and specify what additional evidence, if any, is required for the claim to be approved; (2) The claimant may file an amended claim with the treasurer or commence an action under § 66-29-155 ; and (3) The treasurer shall treat an amended claim as an initial claim filed under § 66-29-152 .
(1) The treasurer shall inform the claimant of the reason for the denial and specify what additional evidence, if any, is required for the claim to be approved;
(2) The claimant may file an amended claim with the treasurer or commence an action under § 66-29-155 ; and
(3) The treasurer shall treat an amended claim as an initial claim filed under § 66-29-152 .
Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Acts 1991, ch. 222, § 1.
Tenn. Code Ann. § 66-34-501 — TN Code / Title 66 / Chapter 34 / Section 66-34-501
Payment to architect or engineer - Governing provisions
Status: in_force

An architect or engineer furnishing design or contract administration services to an owner, prime contractor, or remote contractor for the improvement of real property is entitled to payment in accordance with part 2 of this chapter, if the architect or engineer contracts in writing with the owner; or in accordance with part 3 of this chapter, if the architect or engineer contracts in writing with a prime contractor or remote contractor. Amended by 2020 Tenn. Acts, ch. 749, s 28, eff. 7/1/2020. Acts 1991, ch. 45, § 1.
An architect or engineer furnishing design or contract administration services to an owner, prime contractor, or remote contractor for the improvement of real property is entitled to payment in accordance with part 2 of this chapter, if the architect or engineer contracts in writing with the owner; or in accordance with part 3 of this chapter, if the architect or engineer contracts in writing with a prime contractor or remote contractor.
Amended by 2020 Tenn. Acts, ch. 749, s 28, eff. 7/1/2020.
Acts 1991, ch. 45, § 1.
Tenn. Code Ann. § 66-27-802 — TN Code / Title 66 / Chapter 27 / Section 66-27-802
Requests for criminal activity reports - Responsibilities of homeowners board - Applicability
Status: in_force

(a) (1) A member of a homeowners' association for a gated subdivision may request a report from the board of directors for the homeowners' association regarding criminal activity in the subdivision. (2) If the board receives a request pursuant to subdivision (a)(1), then the board must: (A) Contact the local law enforcement office with jurisdiction over the gated subdivision to obtain and compile a report of police activities and arrests in the gated subdivision; and (B) Make the report available to each household in the subdivision. Copies of the report may be delivered through the management company for the homeowners' association and may be delivered by electronic mail or regular mail delivery. (b) This section only applies to homeowners' associations for gated subdivisions in a county having a population of not more than two hundred forty-seven thousand seven hundred (247,700) nor more than two hundred forty-seven thousand eight hundred (247,800), according to the 2020 federal census or any subsequent federal census. Added by 2024 Tenn. Acts, ch. 645,s 1, eff. 7/1/2024.
(a) (1) A member of a homeowners' association for a gated subdivision may request a report from the board of directors for the homeowners' association regarding criminal activity in the subdivision. (2) If the board receives a request pursuant to subdivision (a)(1), then the board must: (A) Contact the local law enforcement office with jurisdiction over the gated subdivision to obtain and compile a report of police activities and arrests in the gated subdivision; and (B) Make the report available to each household in the subdivision. Copies of the report may be delivered through the management company for the homeowners' association and may be delivered by electronic mail or regular mail delivery.
(1) A member of a homeowners' association for a gated subdivision may request a report from the board of directors for the homeowners' association regarding criminal activity in the subdivision.
(2) If the board receives a request pursuant to subdivision (a)(1), then the board must: (A) Contact the local law enforcement office with jurisdiction over the gated subdivision to obtain and compile a report of police activities and arrests in the gated subdivision; and (B) Make the report available to each household in the subdivision. Copies of the report may be delivered through the management company for the homeowners' association and may be delivered by electronic mail or regular mail delivery.
(A) Contact the local law enforcement office with jurisdiction over the gated subdivision to obtain and compile a report of police activities and arrests in the gated subdivision; and
(B) Make the report available to each household in the subdivision. Copies of the report may be delivered through the management company for the homeowners' association and may be delivered by electronic mail or regular mail delivery.
(b) This section only applies to homeowners' associations for gated subdivisions in a county having a population of not more than two hundred forty-seven thousand seven hundred (247,700) nor more than two hundred forty-seven thousand eight hundred (247,800), according to the 2020 federal census or any subsequent federal census.
Added by 2024 Tenn. Acts, ch. 645,s 1, eff. 7/1/2024.
Tenn. Code Ann. § 66-32-119 — TN Code / Title 66 / Chapter 32 / Section 66-32-119
Statute of limitations
Status: in_force

A judicial proceeding where the accuracy of the public offering statement or validity of any contract of purchase is in issue and a rescission of the contract or damages is sought must be commenced within four (4) years after the date of the contract of purchase, notwithstanding that the purchaser's terms of payments may extend beyond the period of limitation. However, with respect to the enforcement of provisions in the contract of purchase which require the continued furnishing of services and the reciprocal payments to be made by the purchaser, the period of bringing a judicial proceeding will continue for a period of four (4) years for each breach, but the parties may agree to reduce the period of limitation to not less than two (2) years. Acts 1981, ch. 372, § 20; T.C.A., § 64-3220.
A judicial proceeding where the accuracy of the public offering statement or validity of any contract of purchase is in issue and a rescission of the contract or damages is sought must be commenced within four (4) years after the date of the contract of purchase, notwithstanding that the purchaser's terms of payments may extend beyond the period of limitation. However, with respect to the enforcement of provisions in the contract of purchase which require the continued furnishing of services and the reciprocal payments to be made by the purchaser, the period of bringing a judicial proceeding will continue for a period of four (4) years for each breach, but the parties may agree to reduce the period of limitation to not less than two (2) years.
Acts 1981, ch. 372, § 20; T.C.A., § 64-3220.
Tenn. Code Ann. § 66-1-201 — TN Code / Title 66 / Chapter 1 / Section 66-1-201
Short title
Status: in_force

This part shall be known and may be cited as the "Tennessee Uniform Statutory Rule Against Perpetuities." Acts 1994, ch. 654, § 1.
This part shall be known and may be cited as the "Tennessee Uniform Statutory Rule Against Perpetuities."
Acts 1994, ch. 654, § 1.
Tenn. Code Ann. § 66-32-101 — TN Code / Title 66 / Chapter 32 / Section 66-32-101
Short title
Status: in_force

This part shall be known and may be cited as the "Tennessee Time-Share Act of 1981." Acts 1981, ch. 372, §§ 1, 35; T.C.A., § 64-3201; Acts 1983, ch. 210, § 1.
This part shall be known and may be cited as the "Tennessee Time-Share Act of 1981."
Acts 1981, ch. 372, §§ 1, 35; T.C.A., § 64-3201; Acts 1983, ch. 210, § 1.
Tenn. Code Ann. § 66-24-108 — TN Code / Title 66 / Chapter 24 / Section 66-24-108
Reregistration after destruction of records
Status: in_force

In all cases where the records of any register's office in any county have been, or may hereafter be, destroyed or mutilated by fire, or otherwise, the holder of any deed or instrument of which the record wherein it was originally registered has been destroyed or mutilated may have the same registered in the register's office of the county. Acts 1895, ch. 24, § 1; Shan., § 3699; Code 1932, § 7623; T.C.A. (orig. ed.), § 64-2408.
In all cases where the records of any register's office in any county have been, or may hereafter be, destroyed or mutilated by fire, or otherwise, the holder of any deed or instrument of which the record wherein it was originally registered has been destroyed or mutilated may have the same registered in the register's office of the county.
Acts 1895, ch. 24, § 1; Shan., § 3699; Code 1932, § 7623; T.C.A. (orig. ed.), § 64-2408.
Tenn. Code Ann. § 66-11-139 — TN Code / Title 66 / Chapter 11 / Section 66-11-139
Exaggeration of claims by lienor
Status: in_force

If, in any proceeding to enforce the lien provided by this chapter, the court finds that any lienor has willfully and grossly exaggerated the amount for which that person claims a lien, as stated in that person's notice of lien or pleading filed, in the discretion of the court, no recovery may be allowed thereon, and the lienor may be liable for any actual expenses incurred by the injured party, including attorneys' fees, as a result of the lienor's exaggeration. Amended by 2020 Tenn. Acts, ch. 749, s 10, eff. 7/1/2020. Code 1932, § 7944; T.C.A. (orig. ed.), § 64-1141; Acts 2007 , ch. 189, § 38.
If, in any proceeding to enforce the lien provided by this chapter, the court finds that any lienor has willfully and grossly exaggerated the amount for which that person claims a lien, as stated in that person's notice of lien or pleading filed, in the discretion of the court, no recovery may be allowed thereon, and the lienor may be liable for any actual expenses incurred by the injured party, including attorneys' fees, as a result of the lienor's exaggeration.
Amended by 2020 Tenn. Acts, ch. 749, s 10, eff. 7/1/2020.
Code 1932, § 7944; T.C.A. (orig. ed.), § 64-1141; Acts 2007 , ch. 189, § 38.
Tenn. Code Ann. § 66-22-111 — TN Code / Title 66 / Chapter 22 / Section 66-22-111
Entry of probate or acknowledgment
Status: in_force

The clerk shall enter, in a well-bound book, the probate or acknowledgment of every deed or other instrument of writing proved or acknowledged before the clerk, which entry shall state: (1) The date of the presentation of the paper where it is filed with the clerk, but is not proven or acknowledged because the witnesses fail or refuse to attend, or the clerk is not acquainted with the maker of the instrument; (2) The date of the probate or acknowledgment; (3) The names of the maker of the instrument and the person to whom it is made; (4) The number of acres of land or town lots, or parts or portions of tracts of land or town lots, or other property mentioned in the paper; and (5) A county or town in which the property is situated. Code 1858, § 2087 (deriv. Acts 1833, ch. 92, § 15); Shan., § 3767; Code 1932, §7678; T.C.A. (orig. ed.), § 64-2211.
The clerk shall enter, in a well-bound book, the probate or acknowledgment of every deed or other instrument of writing proved or acknowledged before the clerk, which entry shall state:
(1) The date of the presentation of the paper where it is filed with the clerk, but is not proven or acknowledged because the witnesses fail or refuse to attend, or the clerk is not acquainted with the maker of the instrument;
(2) The date of the probate or acknowledgment;
(3) The names of the maker of the instrument and the person to whom it is made;
(4) The number of acres of land or town lots, or parts or portions of tracts of land or town lots, or other property mentioned in the paper; and
(5) A county or town in which the property is situated.
Code 1858, § 2087 (deriv. Acts 1833, ch. 92, § 15); Shan., § 3767; Code 1932, §7678; T.C.A. (orig. ed.), § 64-2211.
Tenn. Code Ann. § 66-29-132 — TN Code / Title 66 / Chapter 29 / Section 66-29-132
Good faith payment or delivery of property by holder
Status: in_force

Under this part, payment or delivery of property is made in good faith if a holder: (1) Had a reasonable basis for believing, based on the facts then known, that the property was required or permitted to be paid or delivered to the treasurer under this part; or (2) Made payment or delivery: (A) In response to a demand by the treasurer or treasurer's agent; or (B) Pursuant to guidance or a ruling issued by the treasurer that the holder reasonably believed required or permitted the property to be paid or delivered. Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017. Acts 1978, ch. 561, § 31; 1980, ch. 606, §§ 1, 3; T.C.A., §§ 64-2931, 66-29-131; Acts 2010, ch. 756, § 1.
Under this part, payment or delivery of property is made in good faith if a holder:
(1) Had a reasonable basis for believing, based on the facts then known, that the property was required or permitted to be paid or delivered to the treasurer under this part; or
(2) Made payment or delivery: (A) In response to a demand by the treasurer or treasurer's agent; or (B) Pursuant to guidance or a ruling issued by the treasurer that the holder reasonably believed required or permitted the property to be paid or delivered.
(A) In response to a demand by the treasurer or treasurer's agent; or
(B) Pursuant to guidance or a ruling issued by the treasurer that the holder reasonably believed required or permitted the property to be paid or delivered.
Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Acts 1978, ch. 561, § 31; 1980, ch. 606, §§ 1, 3; T.C.A., §§ 64-2931, 66-29-131; Acts 2010, ch. 756, § 1.
Tenn. Code Ann. § 66-29-106 — TN Code / Title 66 / Chapter 29 / Section 66-29-106
Presumption of abandonment of tax-deferred retirement account
Status: in_force

(a) Except as otherwise provided in § 66-29-113 , and except for property held in a governmental plan, as that term is defined in 26 U.S.C. § 414 , property held in a pension account or retirement account that qualifies for tax deferral under the income tax laws of the United States, or property held in a Roth IRA, as that term is defined in 26 U.S.C. § 408A , is presumed abandoned if it is unclaimed by the apparent owner 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 apparent owner is returned to the holder undelivered 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 earlier of: (A) The date, if determinable by the holder, specified in the income tax laws of the United States by which distribution of the property must begin in order to avoid a tax penalty; provided, however, that for the purpose of determining a holder's reporting obligation pursuant to this section, Roth IRAs are treated like tax deferred retirement accounts; or (B) If the Internal Revenue Code ( 26 U.S.C. § 1 et seq.) requires distribution, two (2) years after the date the holder in the ordinary course of its business receives confirmation of the death of the apparent owner. (b) If a holder in the ordinary course of its business receives notice or an indication of the death of an apparent owner and subdivision (a)(2) applies, the holder shall attempt, not later than ninety (90) days after receipt of the notice or indication, to confirm whether the apparent owner is deceased. (c) If the apparent owner of an account described in subsection (a) does not receive communications from the holder by first-class United States mail, the holder shall attempt to confirm the apparent owner's interest in the property by sending the apparent owner an electronic mail communication not later than two (2) years after the apparent owner's last indication of interest in the property. If the holder receives notification that the electronic mail communication was not received, or if the apparent owner 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 apparent owner by first-class United States mail. If the mail is returned to the holder undelivered 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 apparent owner sent by first-class United States mail is returned to the holder undelivered 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 established by subdivision (a)(2). Amended by 2021 Tenn. Acts, ch. 258, s 1, eff. 4/28/2021. Amended by 2017 Tenn. Acts, ch. 457, s 1, eff. 7/1/2017. Acts 1978, ch. 561, § 5; T.C.A., §§ 64-2905, 66-29-105; Acts 1985, ch. 401, § 4; 1986, ch. 539, § 13; 1993, ch. 195, §§ 3-5.
(a) Except as otherwise provided in § 66-29-113 , and except for property held in a governmental plan, as that term is defined in 26 U.S.C. § 414 , property held in a pension account or retirement account that qualifies for tax deferral under the income tax laws of the United States, or property held in a Roth IRA, as that term is defined in 26 U.S.C. § 408A , is presumed abandoned if it is unclaimed by the apparent owner 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 apparent owner is returned to the holder undelivered 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 earlier of: (A) The date, if determinable by the holder, specified in the income tax laws of the United States by which distribution of the property must begin in order to avoid a tax penalty; provided, however, that for the purpose of determining a holder's reporting obligation pursuant to this section, Roth IRAs are treated like tax deferred retirement accounts; or (B) If the Internal Revenue Code ( 26 U.S.C. § 1 et seq.) requires distribution, two (2) years after the date the holder in the ordinary course of its business receives confirmation of the death of the apparent owner.
(1) The date a second consecutive communication sent by the holder by first-class United States mail to the apparent owner is returned to the holder undelivered 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 earlier of: (A) The date, if determinable by the holder, specified in the income tax laws of the United States by which distribution of the property must begin in order to avoid a tax penalty; provided, however, that for the purpose of determining a holder's reporting obligation pursuant to this section, Roth IRAs are treated like tax deferred retirement accounts; or (B) If the Internal Revenue Code ( 26 U.S.C. § 1 et seq.) requires distribution, two (2) years after the date the holder in the ordinary course of its business receives confirmation of the death of the apparent owner.
(A) The date, if determinable by the holder, specified in the income tax laws of the United States by which distribution of the property must begin in order to avoid a tax penalty; provided, however, that for the purpose of determining a holder's reporting obligation pursuant to this section, Roth IRAs are treated like tax deferred retirement accounts; or
(B) If the Internal Revenue Code ( 26 U.S.C. § 1 et seq.) requires distribution, two (2) years after the date the holder in the ordinary course of its business receives confirmation of the death of the apparent owner.
(b) If a holder in the ordinary course of its business receives notice or an indication of the death of an apparent owner and subdivision (a)(2) applies, the holder shall attempt, not later than ninety (90) days after receipt of the notice or indication, to confirm whether the apparent owner is deceased.
(c) If the apparent owner of an account described in subsection (a) does not receive communications from the holder by first-class United States mail, the holder shall attempt to confirm the apparent owner's interest in the property by sending the apparent owner an electronic mail communication not later than two (2) years after the apparent owner's last indication of interest in the property. If the holder receives notification that the electronic mail communication was not received, or if the apparent owner 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 apparent owner by first-class United States mail. If the mail is returned to the holder undelivered 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 apparent owner sent by first-class United States mail is returned to the holder undelivered 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 established by subdivision (a)(2).
(1) The date a second consecutive communication to contact the apparent owner sent by first-class United States mail is returned to the holder undelivered 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 established by subdivision (a)(2).
Amended by 2021 Tenn. Acts, ch. 258, s 1, eff. 4/28/2021.
Amended by 2017 Tenn. Acts, ch. 457, s 1, eff. 7/1/2017.
Acts 1978, ch. 561, § 5; T.C.A., §§ 64-2905, 66-29-105; Acts 1985, ch. 401, § 4; 1986, ch. 539, § 13; 1993, ch. 195, §§ 3-5.
Tenn. Code Ann. § 66-29-122 — TN Code / Title 66 / Chapter 29 / Section 66-29-122
Burden of proof to establish treasurer's right to custody
Status: in_force

When the treasurer asserts a right to custody of unclaimed property, the treasurer has the burden to prove: (1) The existence and amount of the property; (2) The property is presumed abandoned; and (3) The property is subject to the custody of the treasurer. Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017. Acts 1980, ch. 448, § 4; T.C.A., § 64-2922; Acts 1987, ch. 43, § 1; 1988, ch. 485, § 1; 2005, ch. 141, § 2.
When the treasurer asserts a right to custody of unclaimed property, the treasurer has the burden to prove:
(1) The existence and amount of the property;
(2) The property is presumed abandoned; and
(3) The property is subject to the custody of the treasurer.
Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Acts 1980, ch. 448, § 4; T.C.A., § 64-2922; Acts 1987, ch. 43, § 1; 1988, ch. 485, § 1; 2005, ch. 141, § 2.
Tenn. Code Ann. § 66-27-101 — TN Code / Title 66 / Chapter 27 / Section 66-27-101
Title
Status: in_force

This part shall be known as the "Horizontal Property Act." Acts 1963, ch. 124, § 1; T.C.A., § 64-2701.
This part shall be known as the "Horizontal Property Act."
Acts 1963, ch. 124, § 1; T.C.A., § 64-2701.
Tenn. Code Ann. § 66-33-103 — TN Code / Title 66 / Chapter 33 / Section 66-33-103
Service agreements
Status: in_force

(a) The general assembly finds and declares that: (1) The public policy of this state favors the transferability of interests in real property free from unreasonable restraints on alienation and covenants or servitudes that do not touch and concern the property; and (2) A recorded service agreement violates this public policy by impairing the marketability of title to the affected real property and constitutes an unreasonable restraint on alienation, regardless of the duration of the contract or the amount of the consideration set forth in the agreement. (b) A recorded service agreement is void and unenforceable under this chapter if the agreement: (1) Purports to run with the land or to be binding on future owners of interests in the real property; (2) Allows for assignment of the right to provide services without notice to and the consent of the owner of residential real estate; or (3) Purports to create a lien, encumbrance, or other real property security interest. (c) This chapter does not impair: (1) The rights granted or applied involving a mechanic's or materialmen's lien under title 66, chapter 11; (2) The furnishing of a loan or other thing of value to be secured by real property as otherwise provided by law; (3) An agreement entered into by a nonprofit, mandatory membership organization comprised of owners of homes, condominiums, cooperatives, or manufactured homes; or (4) Any interest in real property created pursuant to a declaration, covenant, or other applicable law, pertaining to the oversight or management of real property. Added by 2023 Tenn. Acts, ch. 160, s 1, eff. 4/17/2023.
(a) The general assembly finds and declares that: (1) The public policy of this state favors the transferability of interests in real property free from unreasonable restraints on alienation and covenants or servitudes that do not touch and concern the property; and (2) A recorded service agreement violates this public policy by impairing the marketability of title to the affected real property and constitutes an unreasonable restraint on alienation, regardless of the duration of the contract or the amount of the consideration set forth in the agreement.
(1) The public policy of this state favors the transferability of interests in real property free from unreasonable restraints on alienation and covenants or servitudes that do not touch and concern the property; and
(2) A recorded service agreement violates this public policy by impairing the marketability of title to the affected real property and constitutes an unreasonable restraint on alienation, regardless of the duration of the contract or the amount of the consideration set forth in the agreement.
(b) A recorded service agreement is void and unenforceable under this chapter if the agreement: (1) Purports to run with the land or to be binding on future owners of interests in the real property; (2) Allows for assignment of the right to provide services without notice to and the consent of the owner of residential real estate; or (3) Purports to create a lien, encumbrance, or other real property security interest.
(1) Purports to run with the land or to be binding on future owners of interests in the real property;
(2) Allows for assignment of the right to provide services without notice to and the consent of the owner of residential real estate; or
(3) Purports to create a lien, encumbrance, or other real property security interest.
(c) This chapter does not impair: (1) The rights granted or applied involving a mechanic's or materialmen's lien under title 66, chapter 11; (2) The furnishing of a loan or other thing of value to be secured by real property as otherwise provided by law; (3) An agreement entered into by a nonprofit, mandatory membership organization comprised of owners of homes, condominiums, cooperatives, or manufactured homes; or (4) Any interest in real property created pursuant to a declaration, covenant, or other applicable law, pertaining to the oversight or management of real property.
(1) The rights granted or applied involving a mechanic's or materialmen's lien under title 66, chapter 11;
(2) The furnishing of a loan or other thing of value to be secured by real property as otherwise provided by law;
(3) An agreement entered into by a nonprofit, mandatory membership organization comprised of owners of homes, condominiums, cooperatives, or manufactured homes; or
(4) Any interest in real property created pursuant to a declaration, covenant, or other applicable law, pertaining to the oversight or management of real property.
Added by 2023 Tenn. Acts, ch. 160, s 1, eff. 4/17/2023.
Tenn. Code Ann. § 66-28-511 — TN Code / Title 66 / Chapter 28 / Section 66-28-511
Recovery of possession by landlord limited
Status: in_force

A landlord may not recover or take possession of the dwelling unit by action or otherwise, including willful diminution of services to the tenant by interrupting or causing the interruption of electric, gas, water or other essential service to the tenant, except in case of abandonment, surrender, or as permitted in this chapter. Acts 1975, ch. 245, § 4.207; T.C.A., § 64-2851.
A landlord may not recover or take possession of the dwelling unit by action or otherwise, including willful diminution of services to the tenant by interrupting or causing the interruption of electric, gas, water or other essential service to the tenant, except in case of abandonment, surrender, or as permitted in this chapter.
Acts 1975, ch. 245, § 4.207; T.C.A., § 64-2851.
Tenn. Code Ann. § 66-19-301 — TN Code / Title 66 / Chapter 19 / Section 66-19-301
Filing of lien - Notice
Status: in_force

(a) A lien against any type of conveyance used in the transportation of persons or merchandise through the air, propelled by any sort of power, asserted pursuant to § 66-19-101 , shall be filed with the register for the county in which the actions giving rise to the lien occurred, within ninety (90) days after the work is finished or repairs made or materials furnished. (b) A copy of the notice of lien to be filed shall be sent by first class mail to the last known address of the party for whose account the work was performed, repairs made or materials furnished, and upon any other party known by the party asserting the lien to claim an ownership interest in the subject property. (c) The notice prescribed in subsection (a) shall contain: (1) The name of the party asserting the lien; (2) The name of the party for whom the work was performed, repairs made or materials furnished, and of any other party known to claim an ownership interest in the subject property; (3) A statement of the amount claimed and the date or dates the amount became due; (4) A description of the property against which the lien exists; (5) A brief description of the nature of services giving rise to the lien; and (6) The signature, under oath, of the party asserting the lien or of such party's authorized representative. Acts 1990, ch. 756, § 1.
(a) A lien against any type of conveyance used in the transportation of persons or merchandise through the air, propelled by any sort of power, asserted pursuant to § 66-19-101 , shall be filed with the register for the county in which the actions giving rise to the lien occurred, within ninety (90) days after the work is finished or repairs made or materials furnished.
(b) A copy of the notice of lien to be filed shall be sent by first class mail to the last known address of the party for whose account the work was performed, repairs made or materials furnished, and upon any other party known by the party asserting the lien to claim an ownership interest in the subject property.
(c) The notice prescribed in subsection (a) shall contain: (1) The name of the party asserting the lien; (2) The name of the party for whom the work was performed, repairs made or materials furnished, and of any other party known to claim an ownership interest in the subject property; (3) A statement of the amount claimed and the date or dates the amount became due; (4) A description of the property against which the lien exists; (5) A brief description of the nature of services giving rise to the lien; and (6) The signature, under oath, of the party asserting the lien or of such party's authorized representative.
(1) The name of the party asserting the lien;
(2) The name of the party for whom the work was performed, repairs made or materials furnished, and of any other party known to claim an ownership interest in the subject property;
(3) A statement of the amount claimed and the date or dates the amount became due;
(4) A description of the property against which the lien exists;
(5) A brief description of the nature of services giving rise to the lien; and
(6) The signature, under oath, of the party asserting the lien or of such party's authorized representative.
Acts 1990, ch. 756, § 1.
Tenn. Code Ann. § 66-34-704 — TN Code / Title 66 / Chapter 34 / Section 66-34-704
Agreement limiting liability of person furnishing labor, materials, or services
Status: in_force

Without limiting any existing law or regulation, it is not against the public policy or public interest of this state for a provision in any agreement relating to the design, planning, supervision, observation of construction, repair, or construction of an improvement to real property to limit the liability of the person furnishing the labor, materials, or services to a reasonable monetary amount. Acts 2020, ch. 749, § 34.
Without limiting any existing law or regulation, it is not against the public policy or public interest of this state for a provision in any agreement relating to the design, planning, supervision, observation of construction, repair, or construction of an improvement to real property to limit the liability of the person furnishing the labor, materials, or services to a reasonable monetary amount.
Acts 2020, ch. 749, § 34.
Tenn. Code Ann. § 66-29-169 — TN Code / Title 66 / Chapter 29 / Section 66-29-169
Action against treasurer
Status: in_force

(a) Not later than ninety (90) days after receiving notice of the treasurer's determination under § 66-29-166 , the putative holder may: (1) File an action against the treasurer in the chancery court for Davidson County challenging all or part of the treasurer's determination of liability and seeking a declaration that the determination is unenforceable, in whole or in part; or (2) Pay or deliver the property to the treasurer and, not later than six (6) months after payment or delivery, initiate an action against the treasurer in the chancery court for Davidson County for a refund of all or part of the amount paid or a return of all or part of the property delivered. (b) If a putative holder pays or delivers the property to the treasurer at any time after the putative holder files an action under subdivision (a)(1), the court must continue the action as if it had been filed originally as an action for a refund or return of property under subdivision (a)(2). (c) A putative holder that is the prevailing party in an action under subsection (a) for a refund of money paid to the treasurer is entitled to interest on the amount refunded, at the same rate of interest a holder is required to pay to the treasurer under § 66-29-137 , from the date paid to the treasurer until the date of the refund. Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
(a) Not later than ninety (90) days after receiving notice of the treasurer's determination under § 66-29-166 , the putative holder may: (1) File an action against the treasurer in the chancery court for Davidson County challenging all or part of the treasurer's determination of liability and seeking a declaration that the determination is unenforceable, in whole or in part; or (2) Pay or deliver the property to the treasurer and, not later than six (6) months after payment or delivery, initiate an action against the treasurer in the chancery court for Davidson County for a refund of all or part of the amount paid or a return of all or part of the property delivered.
(1) File an action against the treasurer in the chancery court for Davidson County challenging all or part of the treasurer's determination of liability and seeking a declaration that the determination is unenforceable, in whole or in part; or
(2) Pay or deliver the property to the treasurer and, not later than six (6) months after payment or delivery, initiate an action against the treasurer in the chancery court for Davidson County for a refund of all or part of the amount paid or a return of all or part of the property delivered.
(b) If a putative holder pays or delivers the property to the treasurer at any time after the putative holder files an action under subdivision (a)(1), the court must continue the action as if it had been filed originally as an action for a refund or return of property under subdivision (a)(2).
(c) A putative holder that is the prevailing party in an action under subsection (a) for a refund of money paid to the treasurer is entitled to interest on the amount refunded, at the same rate of interest a holder is required to pay to the treasurer under § 66-29-137 , from the date paid to the treasurer until the date of the refund.
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Tenn. Code Ann. § 66-12-106 — TN Code / Title 66 / Chapter 12 / Section 66-12-106
Enforcement of liens
Status: in_force

(a) All of the crop liens may be enforced in any court of competent jurisdiction, by original suit, execution and levy, or by original suit, attachment and garnishment, and all or any number of demands may be joined in one (1) suit or each established in a separate suit. (b) Before any proceeding shall be instituted for the enforcement of the lien, the lienholder shall itemize the lienholder's claim and, either personally or through an agent, make affidavit in the manner required by law, in which affidavit it shall be stated that the claim is correct, owing, unpaid, and bona fide, and not subject to any setoff or credit. Acts 1923, ch. 71, § 6; Shan. Supp., § 5299a6; mod. Code 1932, §8022; T.C.A. (orig. ed.), § 64-1206.
(a) All of the crop liens may be enforced in any court of competent jurisdiction, by original suit, execution and levy, or by original suit, attachment and garnishment, and all or any number of demands may be joined in one (1) suit or each established in a separate suit.
(b) Before any proceeding shall be instituted for the enforcement of the lien, the lienholder shall itemize the lienholder's claim and, either personally or through an agent, make affidavit in the manner required by law, in which affidavit it shall be stated that the claim is correct, owing, unpaid, and bona fide, and not subject to any setoff or credit.
Acts 1923, ch. 71, § 6; Shan. Supp., § 5299a6; mod. Code 1932, §8022; T.C.A. (orig. ed.), § 64-1206.
Tenn. Code Ann. § 66-27-401 — TN Code / Title 66 / Chapter 27 / Section 66-27-401
Organization of unit owners' association
Status: in_force

A unit owners' association must be organized no later than the date the first unit in the condominium is conveyed. The membership of the association at all times shall consist exclusively of all the unit owners or, following termination of the condominium, of all former unit owners entitled to distributions of proceeds under § 66-27-318 , or their heirs, successors, or assigns. The association shall be organized as a profit or nonprofit corporation or limited liability company or, in the case of a condominium with four (4) or fewer units that is not a master association, the association may be organized as an unincorporated association. Acts 2008, ch. 766, § 1.
A unit owners' association must be organized no later than the date the first unit in the condominium is conveyed. The membership of the association at all times shall consist exclusively of all the unit owners or, following termination of the condominium, of all former unit owners entitled to distributions of proceeds under § 66-27-318 , or their heirs, successors, or assigns. The association shall be organized as a profit or nonprofit corporation or limited liability company or, in the case of a condominium with four (4) or fewer units that is not a master association, the association may be organized as an unincorporated association.
Acts 2008, ch. 766, § 1.
Tenn. Code Ann. § 66-29-142 — TN Code / Title 66 / Chapter 29 / Section 66-29-142
Disposal of securities
Status: in_force

(a) The treasurer shall sell or otherwise liquidate a security no sooner than thirty-two (32) months, but no later than thirty-six (36) months, after receiving the security and giving the apparent owner notice under § 66-29-130(b)(1) and (2) that the treasurer holds the security. (b) The treasurer shall not sell a security listed on an established stock exchange for less than the prevailing price on the exchange at the time of sale. The treasurer may sell a security not listed on an established exchange by any commercially reasonable method. (c) (1) As used in this subsection, "de minimus value" means that the market value of a security held for any one (1) or more than one (1) person is less than five hundred dollars ($500) in the aggregate. (2) Notwithstanding the timeframe for the liquidation of a security provided in subsection (a), if the state treasurer determines a security to have a de minimus value, the treasurer may sell or otherwise liquidate a security no sooner than eight (8) months, but no later than twelve (12) months, after receiving the security and giving the apparent owner notice under § 66-29-130(b)(1) and (2) that the treasurer holds the security. (d) Notwithstanding subsection (a), the state treasurer may sell a security immediately after the treasurer takes custody of the security if the records of the holder do not reflect the identity of the person entitled to the security. Amended by 2023 Tenn. Acts, ch. 191, s 1, eff. 4/24/2023. Amended by 2020 Tenn. Acts, ch. 718, s 1, eff. 6/22/2020. Added by 2017 Tenn. Acts, ch. 457, s 1, eff. 7/1/2017.
(a) The treasurer shall sell or otherwise liquidate a security no sooner than thirty-two (32) months, but no later than thirty-six (36) months, after receiving the security and giving the apparent owner notice under § 66-29-130(b)(1) and (2) that the treasurer holds the security.
(b) The treasurer shall not sell a security listed on an established stock exchange for less than the prevailing price on the exchange at the time of sale. The treasurer may sell a security not listed on an established exchange by any commercially reasonable method.
(c) (1) As used in this subsection, "de minimus value" means that the market value of a security held for any one (1) or more than one (1) person is less than five hundred dollars ($500) in the aggregate. (2) Notwithstanding the timeframe for the liquidation of a security provided in subsection (a), if the state treasurer determines a security to have a de minimus value, the treasurer may sell or otherwise liquidate a security no sooner than eight (8) months, but no later than twelve (12) months, after receiving the security and giving the apparent owner notice under § 66-29-130(b)(1) and (2) that the treasurer holds the security.
(1) As used in this subsection, "de minimus value" means that the market value of a security held for any one (1) or more than one (1) person is less than five hundred dollars ($500) in the aggregate.
(2) Notwithstanding the timeframe for the liquidation of a security provided in subsection (a), if the state treasurer determines a security to have a de minimus value, the treasurer may sell or otherwise liquidate a security no sooner than eight (8) months, but no later than twelve (12) months, after receiving the security and giving the apparent owner notice under § 66-29-130(b)(1) and (2) that the treasurer holds the security.
(d) Notwithstanding subsection (a), the state treasurer may sell a security immediately after the treasurer takes custody of the security if the records of the holder do not reflect the identity of the person entitled to the security.
Amended by 2023 Tenn. Acts, ch. 191, s 1, eff. 4/24/2023.
Amended by 2020 Tenn. Acts, ch. 718, s 1, eff. 6/22/2020.
Added by 2017 Tenn. Acts, ch. 457, s 1, eff. 7/1/2017.
Tenn. Code Ann. § 66-21-203 — TN Code / Title 66 / Chapter 21 / Section 66-21-203
Book furnished for notices
Status: in_force

The federal lien index, or lien book in lieu, and file or files for the federal lien notices shall be furnished to the county register in the manner now provided by law for the furnishing of books in which deeds are recorded. Acts 1927, ch. 56, § 4; mod. Code 1932, § 8032; T.C.A. (orig. ed.), § 64-2112; Acts 1987, ch. 161, § 3.
The federal lien index, or lien book in lieu, and file or files for the federal lien notices shall be furnished to the county register in the manner now provided by law for the furnishing of books in which deeds are recorded.
Acts 1927, ch. 56, § 4; mod. Code 1932, § 8032; T.C.A. (orig. ed.), § 64-2112; Acts 1987, ch. 161, § 3.
Tenn. Code Ann. § 66-27-209 — TN Code / Title 66 / Chapter 27 / Section 66-27-209
Construction against implicit repeal
Status: in_force

This part and parts 3-5, being general parts intended as a unified coverage of their subject matter, no part of them shall be construed to be implicitly repealed by subsequent legislation if that construction can reasonably be avoided. Acts 2008, ch. 766, § 1.
This part and parts 3-5, being general parts intended as a unified coverage of their subject matter, no part of them shall be construed to be implicitly repealed by subsequent legislation if that construction can reasonably be avoided.
Acts 2008, ch. 766, § 1.
Tenn. Code Ann. § 66-33-104 — TN Code / Title 66 / Chapter 33 / Section 66-33-104
Recording prohibited
Status: in_force

(a) A service provider shall not record or cause to be recorded a service agreement or notice or memorandum of the agreement in this state. (b) A service provider who records or causes to be recorded a service agreement or notice or memorandum of the agreement in this state in violation of § 66-33-103 is liable to an affected party for ten thousand dollars ($10,000) in statutory damages. (c) Notwithstanding chapter 24 of this title, a register in this state may refuse to accept for recordation a service agreement and is not liable for mistakenly recording an unfair service agreement. (d) If a service agreement is recorded in violation of this chapter, then it does not constitute actual or constructive notice to an otherwise bona fide purchaser or creditor. Added by 2023 Tenn. Acts, ch. 160, s 1, eff. 4/17/2023.
(a) A service provider shall not record or cause to be recorded a service agreement or notice or memorandum of the agreement in this state.
(b) A service provider who records or causes to be recorded a service agreement or notice or memorandum of the agreement in this state in violation of § 66-33-103 is liable to an affected party for ten thousand dollars ($10,000) in statutory damages.
(c) Notwithstanding chapter 24 of this title, a register in this state may refuse to accept for recordation a service agreement and is not liable for mistakenly recording an unfair service agreement.
(d) If a service agreement is recorded in violation of this chapter, then it does not constitute actual or constructive notice to an otherwise bona fide purchaser or creditor.
Added by 2023 Tenn. Acts, ch. 160, s 1, eff. 4/17/2023.
Tenn. Code Ann. § 66-21-110 — TN Code / Title 66 / Chapter 21 / Section 66-21-110
Tolling of limitations period for perfection or enforcement of liens against debtor in bankruptcy
Status: in_force

Notwithstanding any other law to the contrary, if due to the filing of a bankruptcy petition under title 11 of the United States Code (11 U.S.C.), a creditor is stayed from filing the necessary documents to create or enforce a lien or security interest against the debtor's property, then any statute of limitations created or established by law for the perfection or enforcement of a lien or security interest shall be tolled until ninety (90) days after any of the following actions occur with respect to the filing of the bankruptcy petition: (1) The stay is lifted as to the creditor; (2) The case is discharged; or (3) The case is dismissed. Acts 2006, ch. 684, § 1.
Notwithstanding any other law to the contrary, if due to the filing of a bankruptcy petition under title 11 of the United States Code (11 U.S.C.), a creditor is stayed from filing the necessary documents to create or enforce a lien or security interest against the debtor's property, then any statute of limitations created or established by law for the perfection or enforcement of a lien or security interest shall be tolled until ninety (90) days after any of the following actions occur with respect to the filing of the bankruptcy petition:
(1) The stay is lifted as to the creditor;
(2) The case is discharged; or
(3) The case is dismissed.
Acts 2006, ch. 684, § 1.
Tenn. Code Ann. § 66-11-136 — TN Code / Title 66 / Chapter 11 / Section 66-11-136
Property owner's right to bond against enforcement of liens
Status: in_force

The owner of the property on which the improvement is made has the right to demand a bond from the prime contractor to protect the owner in case of the enforcement of a lien under this chapter by one (1) or more remote contractors; and in the event the prime contractor is paid for the work done, or any part of it, that is subject to a lien by a remote contractor, then on payment by the owner to the remote contractor of the amount due, the owner shall have judgment for the amount by filing a complaint, petition, or civil warrant against the bond in any court having jurisdiction in such cases; but the prime contractor shall have the right to contest the legality and amount of the claim of the remote contractors before the prime contractor is held liable. Amended by 2020 Tenn. Acts, ch. 749, s 9, eff. 7/1/2020. Acts 1889, ch. 103, § 3; Shan., § 3542; mod. Code 1932, § 7932; T.C.A. (orig. ed.), § 64-1138; Acts 2007 , ch. 189, § 35.
The owner of the property on which the improvement is made has the right to demand a bond from the prime contractor to protect the owner in case of the enforcement of a lien under this chapter by one (1) or more remote contractors; and in the event the prime contractor is paid for the work done, or any part of it, that is subject to a lien by a remote contractor, then on payment by the owner to the remote contractor of the amount due, the owner shall have judgment for the amount by filing a complaint, petition, or civil warrant against the bond in any court having jurisdiction in such cases; but the prime contractor shall have the right to contest the legality and amount of the claim of the remote contractors before the prime contractor is held liable.
Amended by 2020 Tenn. Acts, ch. 749, s 9, eff. 7/1/2020.
Acts 1889, ch. 103, § 3; Shan., § 3542; mod. Code 1932, § 7932; T.C.A. (orig. ed.), § 64-1138; Acts 2007 , ch. 189, § 35.
Tenn. Code Ann. § 66-19-205 — TN Code / Title 66 / Chapter 19 / Section 66-19-205
Warrant to attach boat
Status: in_force

Following the taking of the bond provided for in § 66-19-204 , the judge shall issue the process, against the owners of the boat, or some of them, and direct it to the sheriff of the county, commanding the sheriff to attach the boat, its furniture and tackle, or so much thereof as may be necessary, and safely keep the same until security is given, or further order of the court. Code 1858, § 3554 (deriv. Acts 1833, ch. 35, § 2); Shan., § 5317; mod. Code 1932, § 7965; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 64-1908.
Following the taking of the bond provided for in § 66-19-204 , the judge shall issue the process, against the owners of the boat, or some of them, and direct it to the sheriff of the county, commanding the sheriff to attach the boat, its furniture and tackle, or so much thereof as may be necessary, and safely keep the same until security is given, or further order of the court.
Code 1858, § 3554 (deriv. Acts 1833, ch. 35, § 2); Shan., § 5317; mod. Code 1932, § 7965; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 64-1908.
Tenn. Code Ann. § 66-1-112 — TN Code / Title 66 / Chapter 1 / Section 66-1-112
Alienability of certain future interests for purpose of merger of interests in grantee - Applicability
Status: in_force

(a) A transfer of a possibility of reverter or right of entry by a holder other than the original grantor is invalid; provided, holders of a possibility of reverter or right of entry may freely transfer the interests to the holders of the corresponding fee simple determinable or fee simple subject to condition subsequent for the purpose of merger of the interests in any grantee. (b) This section applies to future interests regardless of whether the interests were created before, on, or after July 1, 2015; provided, this section does not apply to any future interest, the validity of which has been determined by a final judgment in a judicial proceeding or by a settlement among interested persons prior to July 1, 2015. Added by 2015 Tenn. Acts, ch. 14,s 1, eff. 3/19/2015.
(a) A transfer of a possibility of reverter or right of entry by a holder other than the original grantor is invalid; provided, holders of a possibility of reverter or right of entry may freely transfer the interests to the holders of the corresponding fee simple determinable or fee simple subject to condition subsequent for the purpose of merger of the interests in any grantee.
(b) This section applies to future interests regardless of whether the interests were created before, on, or after July 1, 2015; provided, this section does not apply to any future interest, the validity of which has been determined by a final judgment in a judicial proceeding or by a settlement among interested persons prior to July 1, 2015.
Added by 2015 Tenn. Acts, ch. 14,s 1, eff. 3/19/2015.
Tenn. Code Ann. § 66-8-103 — TN Code / Title 66 / Chapter 8 / Section 66-8-103
Waiver of right in mortgage or trust deed
Status: in_force

The right of redemption does not extend to any sale under and by virtue of a power contained in any deed of trust, mortgage, or other instrument, whereby the right is waived or surrendered by such mortgage or conveyance. Code 1858, § 2125 (deriv. Acts 1857-1858, ch. 46, § 1); Shan., §3812; Code 1932, § 7737; T.C.A. (orig. ed.), § 64-803.
The right of redemption does not extend to any sale under and by virtue of a power contained in any deed of trust, mortgage, or other instrument, whereby the right is waived or surrendered by such mortgage or conveyance.
Code 1858, § 2125 (deriv. Acts 1857-1858, ch. 46, § 1); Shan., §3812; Code 1932, § 7737; T.C.A. (orig. ed.), § 64-803.
Tenn. Code Ann. § 66-27-119 — TN Code / Title 66 / Chapter 27 / Section 66-27-119
Costs of reconstruction
Status: in_force

(a) Where the building is not insured or where the insurance indemnity is insufficient to cover the cost of reconstruction, the new building costs shall be paid by all the co-owners directly affected by the damage, in proportion to the value of their respective apartments, or as may be provided by the bylaws; and if any one (1) or more of those composing the minority shall refuse to make such payments, the majority may proceed with the reconstruction at the expense of all the co-owners benefited thereby, upon proper resolution setting forth the circumstances of the case and the cost of the works, with the intervention of the council of co-owners. (b) This section may be changed by unanimous resolution of the parties concerned, adopted subsequent to the date on which the fire or other disaster occurred. Acts 1963, ch. 124, § 19; T.C.A., § 64-2719.
(a) Where the building is not insured or where the insurance indemnity is insufficient to cover the cost of reconstruction, the new building costs shall be paid by all the co-owners directly affected by the damage, in proportion to the value of their respective apartments, or as may be provided by the bylaws; and if any one (1) or more of those composing the minority shall refuse to make such payments, the majority may proceed with the reconstruction at the expense of all the co-owners benefited thereby, upon proper resolution setting forth the circumstances of the case and the cost of the works, with the intervention of the council of co-owners.
(b) This section may be changed by unanimous resolution of the parties concerned, adopted subsequent to the date on which the fire or other disaster occurred.
Acts 1963, ch. 124, § 19; T.C.A., § 64-2719.
Tenn. Code Ann. § 66-26-115 — TN Code / Title 66 / Chapter 26 / Section 66-26-115
Registration of correction
Status: in_force

The register shall record the correction in the proper book of the register's office, and make a reference to the same on the margin opposite the original registry of the certificate. Code 1858, § 2083 (deriv. Acts 1847-1848, ch. 119, § 3); Shan., §3760; Code 1932, § 7671; T.C.A. (orig. ed.), § 64-2615.
The register shall record the correction in the proper book of the register's office, and make a reference to the same on the margin opposite the original registry of the certificate.
Code 1858, § 2083 (deriv. Acts 1847-1848, ch. 119, § 3); Shan., §3760; Code 1932, § 7671; T.C.A. (orig. ed.), § 64-2615.
Tenn. Code Ann. § 66-21-108 — TN Code / Title 66 / Chapter 21 / Section 66-21-108
[Repealed]
Status: repealed

Repealed by 2019 Tenn. Acts, ch. 142, s 1, eff. 4/5/2019. Added by 2018 Tenn. Acts, ch. 1042, s 1, eff. 5/21/2018.
Repealed by 2019 Tenn. Acts, ch. 142, s 1, eff. 4/5/2019.
Added by 2018 Tenn. Acts, ch. 1042, s 1, eff. 5/21/2018.
Tenn. Code Ann. § 66-28-512 — TN Code / Title 66 / Chapter 28 / Section 66-28-512
Termination of periodic tenancy - Holdover remedies
Status: in_force

(a) The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least ten (10) days prior to the termination date specified in the notice. (b) The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty (30) days prior to the periodic rental date specified in the notice. (c) If a tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession, back rent and reasonable attorney's fees as well as any other damages provided for in the lease. If the tenant's holdover is willful and not in good faith, the landlord, in addition, may also recover actual damages sustained by the landlord, plus reasonable attorney's fees. If the landlord consents to the tenant's continued occupancy, § 66-28-201(c) shall apply. Acts 1975, ch. 245, § 4.301; T.C.A., § 64-2852; Acts 2011, ch. 272, § 12.
(a) The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least ten (10) days prior to the termination date specified in the notice.
(b) The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty (30) days prior to the periodic rental date specified in the notice.
(c) If a tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession, back rent and reasonable attorney's fees as well as any other damages provided for in the lease. If the tenant's holdover is willful and not in good faith, the landlord, in addition, may also recover actual damages sustained by the landlord, plus reasonable attorney's fees. If the landlord consents to the tenant's continued occupancy, § 66-28-201(c) shall apply.
Acts 1975, ch. 245, § 4.301; T.C.A., § 64-2852; Acts 2011, ch. 272, § 12.
Tenn. Code Ann. § 66-28-513 — TN Code / Title 66 / Chapter 28 / Section 66-28-513
Remedies for abuse of access
Status: in_force

(a) If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access, or terminate the rental agreement. In either case, the landlord may recover actual damages and reasonable attorney's fees. (b) If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but which have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the recurrence of the conduct, or terminate the rental agreement. In either case, the tenant may recover actual damages and reasonable attorney's fees. Acts 1975, ch. 245, § 4.302; T.C.A., § 64-2853.
(a) If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access, or terminate the rental agreement. In either case, the landlord may recover actual damages and reasonable attorney's fees.
(b) If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but which have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the recurrence of the conduct, or terminate the rental agreement. In either case, the tenant may recover actual damages and reasonable attorney's fees.
Acts 1975, ch. 245, § 4.302; T.C.A., § 64-2853.
Tenn. Code Ann. § 66-7-102 — TN Code / Title 66 / Chapter 7 / Section 66-7-102
Effect of injury to buildings
Status: in_force

(a) Where any building which is leased or occupied is destroyed or so injured by the elements, or any other cause, as to be untenantable and unfit for occupancy, and no express agreement to the contrary has been made in writing, the lessee or occupant may, if the destruction or injury occurred without fault or neglect by the lessee, surrender possession of the premises, without liability to the lessor or owner for rent for the time subsequent to the surrender. (b) A covenant or promise by the lessee to leave or restore the premises in good repair shall not have the effect to bind the lessee to erect or pay for such buildings as may be so destroyed, unless in respect of the matter of loss or destruction there was neglect or fault on the lessee's part, or unless the lessee has expressly stipulated in writing to be so bound. Code 1932, §§ 7619, 7620; T.C.A. (orig. ed.), §§ 64-702, 64-703.
(a) Where any building which is leased or occupied is destroyed or so injured by the elements, or any other cause, as to be untenantable and unfit for occupancy, and no express agreement to the contrary has been made in writing, the lessee or occupant may, if the destruction or injury occurred without fault or neglect by the lessee, surrender possession of the premises, without liability to the lessor or owner for rent for the time subsequent to the surrender.
(b) A covenant or promise by the lessee to leave or restore the premises in good repair shall not have the effect to bind the lessee to erect or pay for such buildings as may be so destroyed, unless in respect of the matter of loss or destruction there was neglect or fault on the lessee's part, or unless the lessee has expressly stipulated in writing to be so bound.
Code 1932, §§ 7619, 7620; T.C.A. (orig. ed.), §§ 64-702, 64-703.
Tenn. Code Ann. § 66-28-401 — TN Code / Title 66 / Chapter 28 / Section 66-28-401
General maintenance and conduct obligations
Status: in_force

The tenant shall: (1) Comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety; (2) Keep that part of the premises that the tenant occupies and uses as clean and safe as the condition of the premises when the tenant took possession; (3) Dispose from the tenant's dwelling unit all ashes, rubbish, garbage, and other waste to the designated collection areas and into receptacles; (4) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or permit any person to do so; and shall not engage in any illegal conduct on the premises; and (5) Act and require other persons on the premises, with the tenant's or other occupants' consent, to act in a manner that will not disturb the neighbors' peaceful enjoyment of the premises. Acts 1975, ch. 245, § 3.101; T.C.A., § 64-2831; Acts 2005, ch. 156, § 4.
The tenant shall:
(1) Comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety;
(2) Keep that part of the premises that the tenant occupies and uses as clean and safe as the condition of the premises when the tenant took possession;
(3) Dispose from the tenant's dwelling unit all ashes, rubbish, garbage, and other waste to the designated collection areas and into receptacles;
(4) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or permit any person to do so; and shall not engage in any illegal conduct on the premises; and
(5) Act and require other persons on the premises, with the tenant's or other occupants' consent, to act in a manner that will not disturb the neighbors' peaceful enjoyment of the premises.
Acts 1975, ch. 245, § 3.101; T.C.A., § 64-2831; Acts 2005, ch. 156, § 4.
Tenn. Code Ann. § 66-11-125 — TN Code / Title 66 / Chapter 11 / Section 66-11-125
Maintaining an action on a contract not precluded
Status: in_force

Nothing in this chapter shall be construed to prevent any lienor under any contract from maintaining an action on the contract as if the lienor had no lien for the security of the lienor's debt, and the bringing of the action shall not prejudice the lienor's rights under this chapter. Code 1932, § 7940; T.C.A. (orig. ed.), § 64-1125; Acts 2007, ch. 189, § 24.
Nothing in this chapter shall be construed to prevent any lienor under any contract from maintaining an action on the contract as if the lienor had no lien for the security of the lienor's debt, and the bringing of the action shall not prejudice the lienor's rights under this chapter.
Code 1932, § 7940; T.C.A. (orig. ed.), § 64-1125; Acts 2007, ch. 189, § 24.
Tenn. Code Ann. § 66-9-204 — TN Code / Title 66 / Chapter 9 / Section 66-9-204
Instruments creating solar easements - Contents
Status: in_force

(a) Any instrument creating a solar easement shall include, but the contents need not be limited to: (1) A description of the real property subject to the solar easement and a description of the real property benefiting from the solar easement; (2) The vertical and horizontal angles, expressed in degrees or otherwise, at which the solar easement extends over the real property subject to the solar easement; (3) Any terms or conditions, or both, under which the solar easement is granted or will terminate; (4) Any provisions for compensation of the owner of the property benefiting from the solar easement in the event of interference with the enjoyment of the solar easement or compensation of the owner of the property subject to the solar easement for maintaining the solar easement; and (5) The period of time for which the easement shall run. (b) The office of energy programs of the department of environment and conservation, pursuant to powers granted in §§ 4-3-510 and 4-3-512(8) , is directed to prepare a sample solar easement instrument for use in this state. Amended by 2016 Tenn. Acts, ch. 743,s 17, eff. 4/7/2016. Acts 1979, ch. 259, § 4; T.C.A. (orig. ed.), § 64-9-204; Acts 1983, ch. 429, § 24.
(a) Any instrument creating a solar easement shall include, but the contents need not be limited to: (1) A description of the real property subject to the solar easement and a description of the real property benefiting from the solar easement; (2) The vertical and horizontal angles, expressed in degrees or otherwise, at which the solar easement extends over the real property subject to the solar easement; (3) Any terms or conditions, or both, under which the solar easement is granted or will terminate; (4) Any provisions for compensation of the owner of the property benefiting from the solar easement in the event of interference with the enjoyment of the solar easement or compensation of the owner of the property subject to the solar easement for maintaining the solar easement; and (5) The period of time for which the easement shall run.
(1) A description of the real property subject to the solar easement and a description of the real property benefiting from the solar easement;
(2) The vertical and horizontal angles, expressed in degrees or otherwise, at which the solar easement extends over the real property subject to the solar easement;
(3) Any terms or conditions, or both, under which the solar easement is granted or will terminate;
(4) Any provisions for compensation of the owner of the property benefiting from the solar easement in the event of interference with the enjoyment of the solar easement or compensation of the owner of the property subject to the solar easement for maintaining the solar easement; and
(5) The period of time for which the easement shall run.
(b) The office of energy programs of the department of environment and conservation, pursuant to powers granted in §§ 4-3-510 and 4-3-512(8) , is directed to prepare a sample solar easement instrument for use in this state.
Amended by 2016 Tenn. Acts, ch. 743,s 17, eff. 4/7/2016.
Acts 1979, ch. 259, § 4; T.C.A. (orig. ed.), § 64-9-204; Acts 1983, ch. 429, § 24.
Tenn. Code Ann. § 66-2-101 — TN Code / Title 66 / Chapter 2 / Section 66-2-101
Alien ownership
Status: in_force

Except as provided in part 3 of this chapter, an alien, resident, or nonresident of the United States, may take and hold property, real or personal, in this state and dispose of or transmit the same as a native citizen. Amended by 2023 Tenn. Acts, ch. 369, s 1, eff. 7/1/2023. Acts 1875, ch. 2, §§ 1, 2; Shan., § 3659; mod. Code 1932, § 7187; T.C.A. (orig. ed.), § 64-201.
Except as provided in part 3 of this chapter, an alien, resident, or nonresident of the United States, may take and hold property, real or personal, in this state and dispose of or transmit the same as a native citizen.
Amended by 2023 Tenn. Acts, ch. 369, s 1, eff. 7/1/2023.
Acts 1875, ch. 2, §§ 1, 2; Shan., § 3659; mod. Code 1932, § 7187; T.C.A. (orig. ed.), § 64-201.
Tenn. Code Ann. § 66-29-135 — TN Code / Title 66 / Chapter 29 / Section 66-29-135
Effect of payment or delivery of property to treasurer
Status: in_force

On payment or delivery of property to the treasurer under this part, the treasurer, as agent for the state, assumes custody and responsibility for the safekeeping of the property. A holder that pays or delivers property to the treasurer in good faith and who has complied with §§ 66-29-128 and 66-29-129 is relieved of liability to the extent of the value of the property so paid or delivered for any claim which then exists or which thereafter may arise with respect to the property and is indemnified against claims in accordance with this section. Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017. Acts 1993, ch. 195, § 10; 2001, ch. 231, § 8; 2003, ch. 78, §§ 1, 2.
On payment or delivery of property to the treasurer under this part, the treasurer, as agent for the state, assumes custody and responsibility for the safekeeping of the property. A holder that pays or delivers property to the treasurer in good faith and who has complied with §§ 66-29-128 and 66-29-129 is relieved of liability to the extent of the value of the property so paid or delivered for any claim which then exists or which thereafter may arise with respect to the property and is indemnified against claims in accordance with this section.
Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Acts 1993, ch. 195, § 10; 2001, ch. 231, § 8; 2003, ch. 78, §§ 1, 2.
Tenn. Code Ann. § 66-32-131 — TN Code / Title 66 / Chapter 32 / Section 66-32-131
Misleading advertising unlawful
Status: in_force

It is unlawful for any person with intent directly or indirectly to offer for sale or sell time-share intervals in this state to authorize, use, direct or aid in the publication, distribution or circulation of any advertisement, radio broadcast or telecast concerning the time-share project in which the time-share intervals are offered, which contains any statement, pictorial representation or sketch which is false or misleading. Nothing in this section shall be construed to hold the publisher or employee of any newspaper, or any job printer, or any broadcaster or telecaster, or any magazine publisher, or any of the employees thereof, liable for any publication referred to in this section unless the publisher, employee, or printer has actual knowledge of the falsity thereof or has an interest either as an owner or agent in the time-share intervals so advertised. Acts 1983, ch. 210, § 7.
It is unlawful for any person with intent directly or indirectly to offer for sale or sell time-share intervals in this state to authorize, use, direct or aid in the publication, distribution or circulation of any advertisement, radio broadcast or telecast concerning the time-share project in which the time-share intervals are offered, which contains any statement, pictorial representation or sketch which is false or misleading. Nothing in this section shall be construed to hold the publisher or employee of any newspaper, or any job printer, or any broadcaster or telecaster, or any magazine publisher, or any of the employees thereof, liable for any publication referred to in this section unless the publisher, employee, or printer has actual knowledge of the falsity thereof or has an interest either as an owner or agent in the time-share intervals so advertised.
Acts 1983, ch. 210, § 7.
Tenn. Code Ann. § 66-22-106 — TN Code / Title 66 / Chapter 22 / Section 66-22-106
Postponement pending identification
Status: in_force

(a) If the clerk or deputy clerk does not know, is not personally acquainted with, or does not have satisfactory evidence of a person wishing to make acknowledgment of the execution of an instrument, the clerk or deputy clerk shall file it, and note, on the record of the probate of deeds, the date of the presentation of the instrument, and the reason of the postponement of the acknowledgment; and then, within twenty (20) days, the party may produce witnesses before the clerk or deputy clerk, to prove the identity of the person so offering to acknowledge the same; and the deed, when acknowledged after such proof, shall take effect from the filing with the clerk. (b) For purposes of this chapter, "know" or "personally acquainted with" means having an acquaintance, derived from association with the individual in relation to other people and based upon a chain of circumstances surrounding the individual, which establishes the individual's identity with at least reasonable certainty. (c) For the purposes of this chapter, "satisfactory evidence" means the absence of any information, evidence, or other circumstances which would lead a reasonable person to believe that the person making the acknowledgment is not the individual such person claims to be and any one (1) of the following: (1) The oath or affirmation of a credible witness personally known to the officer that the person making the acknowledgment is personally known to the witness; (2) Reasonable reliance on the presentation to the officer of any one of the following, if the document is current or has been issued within five (5) years: (A) An identification card or driver's license issued by the department of safety; or (B) A passport issued by the United States department of state; or (3) Reasonable reliance on the presentation of any one (1) of the following, if the document is current or has been issued within five (5) years and contains a photograph and description of the person named on it, is signed by the person, bears a serial or other identifying number, and, in the event that the document is a passport, has been stamped by the United States immigration and naturalization service: (A) A passport issued by a foreign government; (B) A driver's license issued by a state other than this state; (C) An identification card issued by a state other than this state; or (D) An identification card issued by any branch of the armed forces of the United States. (d) An officer who has taken an acknowledgment pursuant to this section shall be presumed to have operated in accordance with this chapter. (e) Any party who files an action for damages based on the failure of the officer to establish the proper identity of the person making the acknowledgment shall have the burden of proof in establishing the negligence or misconduct of the officer. Code 1858, § 2047 (deriv. Acts 1833, ch. 92, §§ 13, 14); Shan., §3722; Code 1932, § 7637; T.C.A. (orig. ed.), § 64-2206; Acts 1983, ch. 158, § 1.
(a) If the clerk or deputy clerk does not know, is not personally acquainted with, or does not have satisfactory evidence of a person wishing to make acknowledgment of the execution of an instrument, the clerk or deputy clerk shall file it, and note, on the record of the probate of deeds, the date of the presentation of the instrument, and the reason of the postponement of the acknowledgment; and then, within twenty (20) days, the party may produce witnesses before the clerk or deputy clerk, to prove the identity of the person so offering to acknowledge the same; and the deed, when acknowledged after such proof, shall take effect from the filing with the clerk.
(b) For purposes of this chapter, "know" or "personally acquainted with" means having an acquaintance, derived from association with the individual in relation to other people and based upon a chain of circumstances surrounding the individual, which establishes the individual's identity with at least reasonable certainty.
(c) For the purposes of this chapter, "satisfactory evidence" means the absence of any information, evidence, or other circumstances which would lead a reasonable person to believe that the person making the acknowledgment is not the individual such person claims to be and any one (1) of the following: (1) The oath or affirmation of a credible witness personally known to the officer that the person making the acknowledgment is personally known to the witness; (2) Reasonable reliance on the presentation to the officer of any one of the following, if the document is current or has been issued within five (5) years: (A) An identification card or driver's license issued by the department of safety; or (B) A passport issued by the United States department of state; or (3) Reasonable reliance on the presentation of any one (1) of the following, if the document is current or has been issued within five (5) years and contains a photograph and description of the person named on it, is signed by the person, bears a serial or other identifying number, and, in the event that the document is a passport, has been stamped by the United States immigration and naturalization service: (A) A passport issued by a foreign government; (B) A driver's license issued by a state other than this state; (C) An identification card issued by a state other than this state; or (D) An identification card issued by any branch of the armed forces of the United States.
(1) The oath or affirmation of a credible witness personally known to the officer that the person making the acknowledgment is personally known to the witness;
(2) Reasonable reliance on the presentation to the officer of any one of the following, if the document is current or has been issued within five (5) years: (A) An identification card or driver's license issued by the department of safety; or (B) A passport issued by the United States department of state; or
(A) An identification card or driver's license issued by the department of safety; or
(B) A passport issued by the United States department of state; or
(3) Reasonable reliance on the presentation of any one (1) of the following, if the document is current or has been issued within five (5) years and contains a photograph and description of the person named on it, is signed by the person, bears a serial or other identifying number, and, in the event that the document is a passport, has been stamped by the United States immigration and naturalization service: (A) A passport issued by a foreign government; (B) A driver's license issued by a state other than this state; (C) An identification card issued by a state other than this state; or (D) An identification card issued by any branch of the armed forces of the United States.
(A) A passport issued by a foreign government;
(B) A driver's license issued by a state other than this state;
(C) An identification card issued by a state other than this state; or
(D) An identification card issued by any branch of the armed forces of the United States.
(d) An officer who has taken an acknowledgment pursuant to this section shall be presumed to have operated in accordance with this chapter.
(e) Any party who files an action for damages based on the failure of the officer to establish the proper identity of the person making the acknowledgment shall have the burden of proof in establishing the negligence or misconduct of the officer.
Code 1858, § 2047 (deriv. Acts 1833, ch. 92, §§ 13, 14); Shan., §3722; Code 1932, § 7637; T.C.A. (orig. ed.), § 64-2206; Acts 1983, ch. 158, § 1.
Tenn. Code Ann. § 66-10-101 — TN Code / Title 66 / Chapter 10 / Section 66-10-101
Right to sell land for payment of vendor
Status: in_force

The vendor of land, as each payment of the purchase money becomes due, may bring an action to enforce such vendor's lien as vendor, and may have so much of the land sold as may be necessary to pay the money then due. Code 1858, § 3563 (deriv. Acts 1857-1858, ch. 50, § 1); Shan., §5326; Code 1932, § 8037; T.C.A. (orig. ed.), § 64-1002.
The vendor of land, as each payment of the purchase money becomes due, may bring an action to enforce such vendor's lien as vendor, and may have so much of the land sold as may be necessary to pay the money then due.
Code 1858, § 3563 (deriv. Acts 1857-1858, ch. 50, § 1); Shan., §5326; Code 1932, § 8037; T.C.A. (orig. ed.), § 64-1002.
Tenn. Code Ann. § 66-11-138 — TN Code / Title 66 / Chapter 11 / Section 66-11-138
Contractor's misapplication of payments - Violation
Status: in_force

(a) (1) Any prime contractor or remote contractor who, with intent to defraud, uses the proceeds of any payment made to that contractor on account of improving certain real property for any purpose other than to pay for labor performed on, or materials, services, equipment, or machinery furnished by that contractor's order for the real property, and overhead and profit related thereto, while any amount for the labor, materials, services, equipment, machinery, overhead, or profit remains unpaid shall be liable to an injured party for any damages and actual expenses incurred, including attorneys' fees, if the damages and expenses incurred are the result of the misapplication of the payment. (2) A violation of subdivision (a)(1) is a Class E felony. (b) Notwithstanding subsection (a), there is no violation of this section when: (1) Funds are disbursed pursuant to written agreement; or (2) The use of funds received and deposited in a business account for use on multiple construction projects is based on the allocation of costs and profits in accordance with generally accepted accounting principles for construction projects. Code 1932, § 7944 (Williams, § 7944a); T.C.A. (orig. ed.), § 64-1140; Acts 1989, ch. 591, § 89; 2004, ch. 688, § 1; 2007, ch. 189, § 37.
(a) (1) Any prime contractor or remote contractor who, with intent to defraud, uses the proceeds of any payment made to that contractor on account of improving certain real property for any purpose other than to pay for labor performed on, or materials, services, equipment, or machinery furnished by that contractor's order for the real property, and overhead and profit related thereto, while any amount for the labor, materials, services, equipment, machinery, overhead, or profit remains unpaid shall be liable to an injured party for any damages and actual expenses incurred, including attorneys' fees, if the damages and expenses incurred are the result of the misapplication of the payment. (2) A violation of subdivision (a)(1) is a Class E felony.
(1) Any prime contractor or remote contractor who, with intent to defraud, uses the proceeds of any payment made to that contractor on account of improving certain real property for any purpose other than to pay for labor performed on, or materials, services, equipment, or machinery furnished by that contractor's order for the real property, and overhead and profit related thereto, while any amount for the labor, materials, services, equipment, machinery, overhead, or profit remains unpaid shall be liable to an injured party for any damages and actual expenses incurred, including attorneys' fees, if the damages and expenses incurred are the result of the misapplication of the payment.
(2) A violation of subdivision (a)(1) is a Class E felony.
(b) Notwithstanding subsection (a), there is no violation of this section when: (1) Funds are disbursed pursuant to written agreement; or (2) The use of funds received and deposited in a business account for use on multiple construction projects is based on the allocation of costs and profits in accordance with generally accepted accounting principles for construction projects.
(1) Funds are disbursed pursuant to written agreement; or
(2) The use of funds received and deposited in a business account for use on multiple construction projects is based on the allocation of costs and profits in accordance with generally accepted accounting principles for construction projects.
Code 1932, § 7944 (Williams, § 7944a); T.C.A. (orig. ed.), § 64-1140; Acts 1989, ch. 591, § 89; 2004, ch. 688, § 1; 2007, ch. 189, § 37.
Tenn. Code Ann. § 66-3-101 — TN Code / Title 66 / Chapter 3 / Section 66-3-101
Conveyances in fraud of creditors or purchasers void
Status: in_force

Every gift, grant, conveyance of lands, tenements, hereditaments, goods, or chattels, or of any rent, common or profit out of the same, by writing or otherwise; and every bond, suit, judgment, or execution, had or made and contrived, of malice, fraud, covin, collusion, or guile, to the intent or purpose to delay, hinder, or defraud creditors of their just and lawful actions, suits, debts, accounts, damages, penalties, forfeitures; or to defraud or to deceive those who shall purchase the same lands, tenements, or hereditaments, or any rent, profit, or commodity out of them, shall be deemed and taken, only as against the person, such person's heirs, successors, executors, administrators, and assigns, whose debts, suits, demands, estates, or interest, by such guileful and covinous practices, shall or might be in any wise disturbed, hindered, delayed, or defrauded, to be clearly and utterly void; any pretense, color, feigned consideration, expressing of use, of any other matter or thing, to the contrary notwithstanding. Code 1858, § 1759 (deriv. Acts 1801, ch. 25, § 2); Shan., § 3143; Code 1932, § 7832; T.C.A. (orig. ed.), § 64-301.
Every gift, grant, conveyance of lands, tenements, hereditaments, goods, or chattels, or of any rent, common or profit out of the same, by writing or otherwise; and every bond, suit, judgment, or execution, had or made and contrived, of malice, fraud, covin, collusion, or guile, to the intent or purpose to delay, hinder, or defraud creditors of their just and lawful actions, suits, debts, accounts, damages, penalties, forfeitures; or to defraud or to deceive those who shall purchase the same lands, tenements, or hereditaments, or any rent, profit, or commodity out of them, shall be deemed and taken, only as against the person, such person's heirs, successors, executors, administrators, and assigns, whose debts, suits, demands, estates, or interest, by such guileful and covinous practices, shall or might be in any wise disturbed, hindered, delayed, or defrauded, to be clearly and utterly void; any pretense, color, feigned consideration, expressing of use, of any other matter or thing, to the contrary notwithstanding.
Code 1858, § 1759 (deriv. Acts 1801, ch. 25, § 2); Shan., § 3143; Code 1932, § 7832; T.C.A. (orig. ed.), § 64-301.
Tenn. Code Ann. § 66-8-101 — TN Code / Title 66 / Chapter 8 / Section 66-8-101
Right of redemption - Waiver
Status: in_force

Real estate sold for debt shall be redeemable at any time within two (2) years after such sale: (1) Where it is sold under execution; (2) Where it is sold under any decree, judgment, or order of a court of chancery, whether founded upon a foreclosure of a mortgage, or deed of trust, or otherwise, unless, upon application of the complainant, the court orders that the property be sold on a credit of not less than six (6) months, nor more than two (2) years; and that, upon confirmation thereof by the court, no right of redemption or repurchase shall exist in the debtor or the debtor's creditor, but that the title of the purchaser shall be absolute; and (3) Where it is sold under a deed of trust or mortgage without a judicial sentence, unless the right of redemption is expressly waived by the deed or mortgage; and a waiver of the "equity of redemption," or a waiver using words of similar import, shall be sufficient to waive the right of redemption afforded by this section in all deeds of trust and mortgages, whether heretofore or hereafter existing. Code 1858, § 2124 (deriv. Acts 1820, ch. 11, § 2; 1823, ch. 24, §2; 1832, ch. 36, §§1, 2; 1833, ch. 47, § 2; 1842 (E.S.), ch. 6, § 3; 1857-1858, ch. 46, § 1); Shan., § 3811; mod. Code 1932, § 7736; mod. C. Supp. 1950, § 7736; T.C.A. (orig. ed.), § 64-801; Acts 1984, ch. 774, § 1; 1991, ch. 470, § 4.
Real estate sold for debt shall be redeemable at any time within two (2) years after such sale:
(1) Where it is sold under execution;
(2) Where it is sold under any decree, judgment, or order of a court of chancery, whether founded upon a foreclosure of a mortgage, or deed of trust, or otherwise, unless, upon application of the complainant, the court orders that the property be sold on a credit of not less than six (6) months, nor more than two (2) years; and that, upon confirmation thereof by the court, no right of redemption or repurchase shall exist in the debtor or the debtor's creditor, but that the title of the purchaser shall be absolute; and
(3) Where it is sold under a deed of trust or mortgage without a judicial sentence, unless the right of redemption is expressly waived by the deed or mortgage; and a waiver of the "equity of redemption," or a waiver using words of similar import, shall be sufficient to waive the right of redemption afforded by this section in all deeds of trust and mortgages, whether heretofore or hereafter existing.
Code 1858, § 2124 (deriv. Acts 1820, ch. 11, § 2; 1823, ch. 24, §2; 1832, ch. 36, §§1, 2; 1833, ch. 47, § 2; 1842 (E.S.), ch. 6, § 3; 1857-1858, ch. 46, § 1); Shan., § 3811; mod. Code 1932, § 7736; mod. C. Supp. 1950, § 7736; T.C.A. (orig. ed.), § 64-801; Acts 1984, ch. 774, § 1; 1991, ch. 470, § 4.
Tenn. Code Ann. § 66-27-208 — TN Code / Title 66 / Chapter 27 / Section 66-27-208
Supplemental general principles of law applicable
Status: in_force

The principles of law and equity, including the law of corporations and unincorporated associations and limited liability companies, the law of real property and the law relative to capacity to contract, principal and agent, eminent domain, estoppel, fraud, misrepresentation, duress, coercion, mistake, receivership, substantial performance, or other validating or invalidating cause supplement this part and parts 3-5 of this chapter, except to the extent inconsistent with this part and parts 3-5 of this chapter. Acts 2008, ch. 766, § 1.
The principles of law and equity, including the law of corporations and unincorporated associations and limited liability companies, the law of real property and the law relative to capacity to contract, principal and agent, eminent domain, estoppel, fraud, misrepresentation, duress, coercion, mistake, receivership, substantial performance, or other validating or invalidating cause supplement this part and parts 3-5 of this chapter, except to the extent inconsistent with this part and parts 3-5 of this chapter.
Acts 2008, ch. 766, § 1.
Tenn. Code Ann. § 66-4-201 — TN Code / Title 66 / Chapter 4 / Section 66-4-201
Champertous sales of pretended interest prohibited
Status: in_force

No person shall agree to buy, or to bargain or sell any pretended right or title in lands or tenements, or any interest in such pretended right or title. Code 1858, § 1776 (deriv. Acts 1821, ch. 66, § 1); Shan., § 3171; Code 1932, § 7823; T.C.A. (orig. ed.), § 64-406.
No person shall agree to buy, or to bargain or sell any pretended right or title in lands or tenements, or any interest in such pretended right or title.
Code 1858, § 1776 (deriv. Acts 1821, ch. 66, § 1); Shan., § 3171; Code 1932, § 7823; T.C.A. (orig. ed.), § 64-406.
Tenn. Code Ann. § 66-33-106 — TN Code / Title 66 / Chapter 33 / Section 66-33-106
Rights of recovery - Enforcement
Status: in_force

(a) 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: (1) May recover actual damages, court costs, and attorney's fees in addition to the statutory damages described in § 66-33-104(b) ; and (2) Has all rights and remedies available to the person under § 47-18-109 . (b) This chapter may also be enforced by the attorney general and reporter on behalf of the citizens of this state. Added by 2023 Tenn. Acts, ch. 160, s 1, eff. 4/17/2023.
(a) 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: (1) May recover actual damages, court costs, and attorney's fees in addition to the statutory damages described in § 66-33-104(b) ; and (2) Has all rights and remedies available to the person under § 47-18-109 .
(1) May recover actual damages, court costs, and attorney's fees in addition to the statutory damages described in § 66-33-104(b) ; and
(2) Has all rights and remedies available to the person under § 47-18-109 .
(b) This chapter may also be enforced by the attorney general and reporter on behalf of the citizens of this state.
Added by 2023 Tenn. Acts, ch. 160, s 1, eff. 4/17/2023.
Tenn. Code Ann. § 66-11-104 — TN Code / Title 66 / Chapter 11 / Section 66-11-104
Time of attachment of lien
Status: in_force

(a) The lien provided by this chapter shall attach and take effect from the time of the visible commencement of operations, excluding however, demolition, surveying, excavating, clearing, filling or grading, placement of sewer or drainage lines, or other utility lines or work preparatory therefor, erection of temporary security fencing and the delivery of materials therefor. (b) If there is a cessation of all operations at the site of the improvement for more than ninety (90) days and a subsequent visible resumption of operations, any lien for labor performed or for materials furnished after the visible resumption of operations shall attach and take effect only from the visible resumption of operations. (c) Nothing in this section shall affect the priority or parity of any liens as established by any section of this chapter. Code 1932, § 7915; Acts 1977, ch. 424, § 1; T.C.A. (orig. ed.), § 64-1104; Acts 1996, ch. 591, § 1; 2007, ch. 189, § 4.
(a) The lien provided by this chapter shall attach and take effect from the time of the visible commencement of operations, excluding however, demolition, surveying, excavating, clearing, filling or grading, placement of sewer or drainage lines, or other utility lines or work preparatory therefor, erection of temporary security fencing and the delivery of materials therefor.
(b) If there is a cessation of all operations at the site of the improvement for more than ninety (90) days and a subsequent visible resumption of operations, any lien for labor performed or for materials furnished after the visible resumption of operations shall attach and take effect only from the visible resumption of operations.
(c) Nothing in this section shall affect the priority or parity of any liens as established by any section of this chapter.
Code 1932, § 7915; Acts 1977, ch. 424, § 1; T.C.A. (orig. ed.), § 64-1104; Acts 1996, ch. 591, § 1; 2007, ch. 189, § 4.
Tenn. Code Ann. § 66-27-602 — TN Code / Title 66 / Chapter 27 / Section 66-27-602
Display of flags by property owners - Applicability of section
Status: in_force

(a) Except as provided in subsection (b), no homeowners' association shall adopt or enforce a dedicatory instrument provision that prohibits, or has the effect of prohibiting, a property owner from displaying the flag of the United States of America or an official or replica flag of any branch of the United States armed forces, on the property owner's property. (b) A homeowners' association may adopt or enforce reasonable rules and regulations regarding the placement and manner for the display of the flag of the United States of America or an official or replica flag of any branch of the United States armed forces. (c) The property owner must display the flag of the United States of America in accordance with 4 U.S.C. §§ 5 - 10 . (d) This section applies to dedicatory instruments: (1) Created on or after July 1, 2017; or (2) Amended on or after July 1, 2017. Amended by 2021 Tenn. Acts, ch. 80, s 1, eff. 3/31/2021. Added by 2017 Tenn. Acts, ch. 331, s 1, eff. 7/1/2017.
(a) Except as provided in subsection (b), no homeowners' association shall adopt or enforce a dedicatory instrument provision that prohibits, or has the effect of prohibiting, a property owner from displaying the flag of the United States of America or an official or replica flag of any branch of the United States armed forces, on the property owner's property.
(b) A homeowners' association may adopt or enforce reasonable rules and regulations regarding the placement and manner for the display of the flag of the United States of America or an official or replica flag of any branch of the United States armed forces.
(c) The property owner must display the flag of the United States of America in accordance with 4 U.S.C. §§ 5 - 10 .
(d) This section applies to dedicatory instruments: (1) Created on or after July 1, 2017; or (2) Amended on or after July 1, 2017.
(1) Created on or after July 1, 2017; or
(2) Amended on or after July 1, 2017.
Amended by 2021 Tenn. Acts, ch. 80, s 1, eff. 3/31/2021.
Added by 2017 Tenn. Acts, ch. 331, s 1, eff. 7/1/2017.
Tenn. Code Ann. § 66-27-301 — TN Code / Title 66 / Chapter 27 / Section 66-27-301
Creation of condominium
Status: in_force

(a) A condominium may be created pursuant to part 2, this part and parts 4 and 5 of this chapter only by recording a declaration executed in the same manner as a deed. The declaration shall be recorded in every county in which any portion of the condominium is located, and shall be indexed in the grantee's index in the name of the condominium and the association and in the grantor's index in the name of each person executing the declaration. The name and address of the preparer shall appear as required by § 66-24-115 . (b) A residential unit that shares a horizontal boundary with another unit, other than a unit that is subject to retained development rights, may not be conveyed to a purchaser until all structural components and mechanical systems of all buildings containing or comprising the unit are substantially completed. Amended by 2015 Tenn. Acts, ch. 356,s 3, eff. 5/4/2015. Acts 2008, ch. 766, § 1.
(a) A condominium may be created pursuant to part 2, this part and parts 4 and 5 of this chapter only by recording a declaration executed in the same manner as a deed. The declaration shall be recorded in every county in which any portion of the condominium is located, and shall be indexed in the grantee's index in the name of the condominium and the association and in the grantor's index in the name of each person executing the declaration. The name and address of the preparer shall appear as required by § 66-24-115 .
(b) A residential unit that shares a horizontal boundary with another unit, other than a unit that is subject to retained development rights, may not be conveyed to a purchaser until all structural components and mechanical systems of all buildings containing or comprising the unit are substantially completed.
Amended by 2015 Tenn. Acts, ch. 356,s 3, eff. 5/4/2015.
Acts 2008, ch. 766, § 1.
Tenn. Code Ann. § 66-32-103 — TN Code / Title 66 / Chapter 32 / Section 66-32-103
Nature of time-share estates - Recordation
Status: in_force

(a) A "time-share estate" is an estate in real property and has the character and incidents of an estate in fee simple at common law or estate for years, if a leasehold, except as expressly modified by this part. This shall supersede any contrary rule at common law. (b) Each time-share estate constitutes for purposes of title a separate estate or interest in property except for real property tax purposes. (c) A document transferring or encumbering a time-share estate in real property may not be rejected for recordation because of the nature or duration of that estate or interest. Acts 1981, ch. 372, §§ 3, 4; T.C.A., §§ 64-3203, 64-3204.
(a) A "time-share estate" is an estate in real property and has the character and incidents of an estate in fee simple at common law or estate for years, if a leasehold, except as expressly modified by this part. This shall supersede any contrary rule at common law.
(b) Each time-share estate constitutes for purposes of title a separate estate or interest in property except for real property tax purposes.
(c) A document transferring or encumbering a time-share estate in real property may not be rejected for recordation because of the nature or duration of that estate or interest.
Acts 1981, ch. 372, §§ 3, 4; T.C.A., §§ 64-3203, 64-3204.
Tenn. Code Ann. § 66-32-115 — TN Code / Title 66 / Chapter 32 / Section 66-32-115
Exemptions from requirement of public offering statement
Status: in_force

(a) The developer shall not be required to prepare and distribute a public offering statement if the developer has registered and there has been issued a public offering statement or similar disclosure document which is provided to purchasers under the following: (1) Securities Act of 1933 ( 15 U.S.C. § 77a et seq.); (2) Federal Interstate Land Sales Full Disclosure Act ( 15 U.S.C. § 1701 et seq.) in which the time-share program is made a part of the subdivision that is being registered; and (3) Any federal or Tennessee act which requires a federal or state public offering statement or similar disclosure document to be prepared and provided to purchasers. (b) A public offering statement need not be prepared or delivered in the case of: (1) Any transfer of a time-share interval by any time-share interval owner other than the developer and/or his agent; (2) Any disposition pursuant to court order; (3) A disposition by a government or governmental agency; (4) A disposition by foreclosure or deed in lieu of foreclosure; (5) A disposition of a time-share interval in a time-share project situated wholly outside the state; provided, that all solicitations, negotiations, and contracts took place wholly outside this state and the contract was executed wholly outside this state; (6) A gratuitous transfer of a time-share interval; or (7) Group reservations made for fifteen (15) or more people as a single transaction between a hotel and travel agent or travel groups for hotel accommodations, where deposits are made and held for more than three (3) years in advance. Acts 1981, ch. 372, § 16; T.C.A., § 64-3216.
(a) The developer shall not be required to prepare and distribute a public offering statement if the developer has registered and there has been issued a public offering statement or similar disclosure document which is provided to purchasers under the following: (1) Securities Act of 1933 ( 15 U.S.C. § 77a et seq.); (2) Federal Interstate Land Sales Full Disclosure Act ( 15 U.S.C. § 1701 et seq.) in which the time-share program is made a part of the subdivision that is being registered; and (3) Any federal or Tennessee act which requires a federal or state public offering statement or similar disclosure document to be prepared and provided to purchasers.
(1) Securities Act of 1933 ( 15 U.S.C. § 77a et seq.);
(2) Federal Interstate Land Sales Full Disclosure Act ( 15 U.S.C. § 1701 et seq.) in which the time-share program is made a part of the subdivision that is being registered; and
(3) Any federal or Tennessee act which requires a federal or state public offering statement or similar disclosure document to be prepared and provided to purchasers.
(b) A public offering statement need not be prepared or delivered in the case of: (1) Any transfer of a time-share interval by any time-share interval owner other than the developer and/or his agent; (2) Any disposition pursuant to court order; (3) A disposition by a government or governmental agency; (4) A disposition by foreclosure or deed in lieu of foreclosure; (5) A disposition of a time-share interval in a time-share project situated wholly outside the state; provided, that all solicitations, negotiations, and contracts took place wholly outside this state and the contract was executed wholly outside this state; (6) A gratuitous transfer of a time-share interval; or (7) Group reservations made for fifteen (15) or more people as a single transaction between a hotel and travel agent or travel groups for hotel accommodations, where deposits are made and held for more than three (3) years in advance.
(1) Any transfer of a time-share interval by any time-share interval owner other than the developer and/or his agent;
(2) Any disposition pursuant to court order;
(3) A disposition by a government or governmental agency;
(4) A disposition by foreclosure or deed in lieu of foreclosure;
(5) A disposition of a time-share interval in a time-share project situated wholly outside the state; provided, that all solicitations, negotiations, and contracts took place wholly outside this state and the contract was executed wholly outside this state;
(6) A gratuitous transfer of a time-share interval; or
(7) Group reservations made for fifteen (15) or more people as a single transaction between a hotel and travel agent or travel groups for hotel accommodations, where deposits are made and held for more than three (3) years in advance.
Acts 1981, ch. 372, § 16; T.C.A., § 64-3216.
Tenn. Code Ann. § 66-1-203 — TN Code / Title 66 / Chapter 1 / Section 66-1-203
Creation of nonvested property interest or power of appointment
Status: in_force

(a) Except as provided in subsections (b) and (c) of this section and in § 66-1-206(a) , the time of creation of a nonvested property interest or a power of appointment is determined by other applicable statutes or, if none, under general principles of property law. (b) For purposes of this part, if there is a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of: (1) A nonvested property interest; or (2) A property interest subject to a power of appointment described in §§ 66-1-202(b) or (c) ; the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates. (c) For purposes of this part, a nonvested property interest or a power of appointment arising from a transfer of property to a previously funded trust or other existing property arrangement is created when the nonvested property interest or power of appointment in the original contribution was created. Acts 1994, ch. 654, § 3.
(a) Except as provided in subsections (b) and (c) of this section and in § 66-1-206(a) , the time of creation of a nonvested property interest or a power of appointment is determined by other applicable statutes or, if none, under general principles of property law.
(b) For purposes of this part, if there is a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of: (1) A nonvested property interest; or (2) A property interest subject to a power of appointment described in §§ 66-1-202(b) or (c) ; the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates.
(1) A nonvested property interest; or
(2) A property interest subject to a power of appointment described in §§ 66-1-202(b) or (c) ; the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates.
the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates.
(c) For purposes of this part, a nonvested property interest or a power of appointment arising from a transfer of property to a previously funded trust or other existing property arrangement is created when the nonvested property interest or power of appointment in the original contribution was created.
Acts 1994, ch. 654, § 3.
Tenn. Code Ann. § 66-9-302 — TN Code / Title 66 / Chapter 9 / Section 66-9-302
Legislative findings
Status: in_force

It is the finding of the general assembly that the protection of the state's land, water, geological, biological, historical, architectural, archaeological, cultural, and scenic resources is desirable for the purposes of maintaining and preserving the state's natural and cultural heritage, and for assuring the maintenance of the state's natural and social diversity and health, and for encouraging the wise management of productive farm and forest land. Acts 1981, ch. 361, § 2; T.C.A., § 64-9-302.
It is the finding of the general assembly that the protection of the state's land, water, geological, biological, historical, architectural, archaeological, cultural, and scenic resources is desirable for the purposes of maintaining and preserving the state's natural and cultural heritage, and for assuring the maintenance of the state's natural and social diversity and health, and for encouraging the wise management of productive farm and forest land.
Acts 1981, ch. 361, § 2; T.C.A., § 64-9-302.
Tenn. Code Ann. § 66-3-202 — TN Code / Title 66 / Chapter 3 / Section 66-3-202
Action against devisees
Status: in_force

Every such creditor may maintain an action or suit against such devisee, and, severally or jointly, against the debtor and the heirs at law of the debtor, in all cases, and in like manner, as such action or suit could be brought or maintained against the debtor's heirs at law. Code 1858, § 1763 (deriv. Acts 1789, ch. 39, § 2); Shan., § 3154; Code 1932, § 7836; T.C.A. (orig. ed.), § 64-305.
Every such creditor may maintain an action or suit against such devisee, and, severally or jointly, against the debtor and the heirs at law of the debtor, in all cases, and in like manner, as such action or suit could be brought or maintained against the debtor's heirs at law.
Code 1858, § 1763 (deriv. Acts 1789, ch. 39, § 2); Shan., § 3154; Code 1932, § 7836; T.C.A. (orig. ed.), § 64-305.
Tenn. Code Ann. § 66-19-302 — TN Code / Title 66 / Chapter 19 / Section 66-19-302
Scope of lien - Parts, repairs and improvements - Lessees
Status: in_force

(a) The lien created by § 66-19-101 also extends to any aircraft engine, aircraft propeller, and any other part or spare part used in, or which under normal circumstances would be used in, an aircraft, aircraft engine or aircraft propeller, whether or not any such component has been attached to or incorporated into an aircraft. (b) The lien created by § 66-19-101 , as to any type of conveyance used in the transportation of persons or merchandise through the air, propelled by any sort of power, shall also arise for any repairs or improvements made or parts or fixtures furnished at the request of any lessee of the subject property or any other party having possession of the subject property with the knowledge or permission of the owner or owner's agent. Acts 1990, ch. 756, § 1.
(a) The lien created by § 66-19-101 also extends to any aircraft engine, aircraft propeller, and any other part or spare part used in, or which under normal circumstances would be used in, an aircraft, aircraft engine or aircraft propeller, whether or not any such component has been attached to or incorporated into an aircraft.
(b) The lien created by § 66-19-101 , as to any type of conveyance used in the transportation of persons or merchandise through the air, propelled by any sort of power, shall also arise for any repairs or improvements made or parts or fixtures furnished at the request of any lessee of the subject property or any other party having possession of the subject property with the knowledge or permission of the owner or owner's agent.
Acts 1990, ch. 756, § 1.
Tenn. Code Ann. § 66-9-206 — TN Code / Title 66 / Chapter 9 / Section 66-9-206
Writing and recordation required
Status: in_force

Any easement obtained pursuant to this part shall be in writing and shall be recorded with the register of deeds in the county in which the land is situated. Acts 1979, ch. 259, § 6; T.C.A., § 64-9-206.
Any easement obtained pursuant to this part shall be in writing and shall be recorded with the register of deeds in the county in which the land is situated.
Acts 1979, ch. 259, § 6; T.C.A., § 64-9-206.
Tenn. Code Ann. § 66-29-183 — TN Code / Title 66 / Chapter 29 / Section 66-29-183
Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

Except as otherwise provided in this section, this part modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act ( 15 U.S.C. § 7001 et seq.). This part does not modify, limit, or supersede Section 101(c) of the Act ( 15 U.S.C. § 7001(c) ), or authorize electronic delivery of any of the notices described in Section 103(b) of the Act ( 15 U.S.C. § 7003(b) ). Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Except as otherwise provided in this section, this part modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act ( 15 U.S.C. § 7001 et seq.). This part does not modify, limit, or supersede Section 101(c) of the Act ( 15 U.S.C. § 7001(c) ), or authorize electronic delivery of any of the notices described in Section 103(b) of the Act ( 15 U.S.C. § 7003(b) ).
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Tenn. Code Ann. § 66-27-406 — TN Code / Title 66 / Chapter 27 / Section 66-27-406
Bylaws
Status: in_force

(a) The bylaws of the association must provide for: (1) The number of members of the board of directors and the titles of the officers of the association; (2) Election by the board of directors of a president, secretary, and any other officers of the association the bylaws specify; (3) The qualifications, powers and duties, terms of office, and manner of electing and removing members of the board of directors and officers and filling vacancies; (4) Which, if any, of its powers the board of directors or officers may delegate to other persons or to a managing agent; (5) Which of its officers may prepare, execute, certify, and record amendments to the declaration on behalf of the association; and (6) The method of amending the bylaws. (b) Subject to the declaration, the bylaws may provide for any other matters the association deems necessary and appropriate. Acts 2008, ch. 766, § 1.
(a) The bylaws of the association must provide for: (1) The number of members of the board of directors and the titles of the officers of the association; (2) Election by the board of directors of a president, secretary, and any other officers of the association the bylaws specify; (3) The qualifications, powers and duties, terms of office, and manner of electing and removing members of the board of directors and officers and filling vacancies; (4) Which, if any, of its powers the board of directors or officers may delegate to other persons or to a managing agent; (5) Which of its officers may prepare, execute, certify, and record amendments to the declaration on behalf of the association; and (6) The method of amending the bylaws.
(1) The number of members of the board of directors and the titles of the officers of the association;
(2) Election by the board of directors of a president, secretary, and any other officers of the association the bylaws specify;
(3) The qualifications, powers and duties, terms of office, and manner of electing and removing members of the board of directors and officers and filling vacancies;
(4) Which, if any, of its powers the board of directors or officers may delegate to other persons or to a managing agent;
(5) Which of its officers may prepare, execute, certify, and record amendments to the declaration on behalf of the association; and
(6) The method of amending the bylaws.
(b) Subject to the declaration, the bylaws may provide for any other matters the association deems necessary and appropriate.
Acts 2008, ch. 766, § 1.
Tenn. Code Ann. § 66-32-311 — TN Code / Title 66 / Chapter 32 / Section 66-32-311
Retail Installment Sales Act applicable
Status: in_force

Membership camping contracts covered by this part shall be subject to the Tennessee Retail Installment Sales Act, compiled in title 47, chapter 11. Acts 1985, ch. 303, § 11; T.C.A., § 47-18-411.
Membership camping contracts covered by this part shall be subject to the Tennessee Retail Installment Sales Act, compiled in title 47, chapter 11.
Acts 1985, ch. 303, § 11; T.C.A., § 47-18-411.
Tenn. Code Ann. § 66-34-304 — TN Code / Title 66 / Chapter 34 / Section 66-34-304
Payments to be held in trust by prime contractor
Status: in_force

Any sums received by the prime contractor as payment for work, services, equipment, and materials supplied by the remote contractor for improvements to real property must be held by the prime contractor in trust for the benefit and use of the remote contractor, and are subject to all legal and equitable remedies. Amended by 2020 Tenn. Acts, ch. 749, s 26, eff. 7/1/2020. Acts 1991, ch. 45, § 1.
Any sums received by the prime contractor as payment for work, services, equipment, and materials supplied by the remote contractor for improvements to real property must be held by the prime contractor in trust for the benefit and use of the remote contractor, and are subject to all legal and equitable remedies.
Amended by 2020 Tenn. Acts, ch. 749, s 26, eff. 7/1/2020.
Acts 1991, ch. 45, § 1.
Tenn. Code Ann. § 66-32-308 — TN Code / Title 66 / Chapter 32 / Section 66-32-308
Violations - Penalties
Status: in_force

(a) Any person who willfully violates this part commits a misdemeanor. It is a misdemeanor for any person in connection with the offer or sale of any camping club contracts willfully to: (1) Make any untrue or misleading statement of a material fact, or omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading; (2) Employ any device, scheme, or artifice to defraud; or (3) Engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person. (b) No indictment or information may be returned under this part more than two (2) years after the alleged violation. Acts 1985, ch. 303, § 8; T.C.A., § 47-18-408.
(a) Any person who willfully violates this part commits a misdemeanor. It is a misdemeanor for any person in connection with the offer or sale of any camping club contracts willfully to: (1) Make any untrue or misleading statement of a material fact, or omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading; (2) Employ any device, scheme, or artifice to defraud; or (3) Engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person.
(1) Make any untrue or misleading statement of a material fact, or omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading;
(2) Employ any device, scheme, or artifice to defraud; or
(3) Engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person.
(b) No indictment or information may be returned under this part more than two (2) years after the alleged violation.
Acts 1985, ch. 303, § 8; T.C.A., § 47-18-408.
Tenn. Code Ann. § 66-5-101 — TN Code / Title 66 / Chapter 5 / Section 66-5-101
Grants or devises passing full estate
Status: in_force

Every grant or devise of real estate, or any interest therein, shall pass all the estate or interest of the grantor or devisor, unless the intent to pass a less estate or interest shall appear by express terms, or be necessarily implied in the terms of the instrument. Code 1858, § 2006 (deriv. Acts 1851-1852, ch. 33); Shan., § 3672; Code 1932, § 7597; T.C.A. (orig. ed.), § 64-501.
Every grant or devise of real estate, or any interest therein, shall pass all the estate or interest of the grantor or devisor, unless the intent to pass a less estate or interest shall appear by express terms, or be necessarily implied in the terms of the instrument.
Code 1858, § 2006 (deriv. Acts 1851-1852, ch. 33); Shan., § 3672; Code 1932, § 7597; T.C.A. (orig. ed.), § 64-501.
Tenn. Code Ann. § 66-31-101 — TN Code / Title 66 / Chapter 31 / Section 66-31-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Tennessee Self-Service Storage Facility Act." Acts 1980, ch. 717, § 1; T.C.A., § 64-3101.
This chapter shall be known and may be cited as the "Tennessee Self-Service Storage Facility Act."
Acts 1980, ch. 717, § 1; T.C.A., § 64-3101.
Tenn. Code Ann. § 66-27-121 — TN Code / Title 66 / Chapter 27 / Section 66-27-121
Supplemental rules and regulations
Status: in_force

Whenever they deem it proper, the planning and zoning commission of any county or municipality may adopt supplemental rules and regulations governing a horizontal property regime established under this part in order to implement this program. Acts 1963, ch. 124, § 21; T.C.A., § 64-2721.
Whenever they deem it proper, the planning and zoning commission of any county or municipality may adopt supplemental rules and regulations governing a horizontal property regime established under this part in order to implement this program.
Acts 1963, ch. 124, § 21; T.C.A., § 64-2721.
Tenn. Code Ann. § 66-22-102 — TN Code / Title 66 / Chapter 22 / Section 66-22-102
Persons authorized to take acknowledgments within state
Status: in_force

If the person executing the instrument resides or is within the state, the acknowledgment shall be made before the county clerk, or legally appointed deputy county clerk, or clerk and master of chancery court of some county in the state or before a notary public of some county in this state. Code 1858, § 2039 (deriv. Acts 1807, ch. 85, § 3; 1835-1836, ch. 53, §§ 5, 6; 1837-1838, ch. 150, § 1); Acts 1870, ch. 71, §1; 1870-1871, ch. 11, § 1; Shan., § 3713; Acts 1919, ch. 104, §§ 1-3; Shan. Supp., §§ 3714a1-3714a3; mod. Code 1932, § 7631; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 64-2202.
If the person executing the instrument resides or is within the state, the acknowledgment shall be made before the county clerk, or legally appointed deputy county clerk, or clerk and master of chancery court of some county in the state or before a notary public of some county in this state.
Code 1858, § 2039 (deriv. Acts 1807, ch. 85, § 3; 1835-1836, ch. 53, §§ 5, 6; 1837-1838, ch. 150, § 1); Acts 1870, ch. 71, §1; 1870-1871, ch. 11, § 1; Shan., § 3713; Acts 1919, ch. 104, §§ 1-3; Shan. Supp., §§ 3714a1-3714a3; mod. Code 1932, § 7631; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 64-2202.
Tenn. Code Ann. § 66-11-127 — TN Code / Title 66 / Chapter 11 / Section 66-11-127
Suits against personal representatives
Status: in_force

The provision of title 30, chapter 2, part 5, prohibiting the bringing of suits against personal representatives after the grant of letters shall not apply to suits brought under this chapter. Code 1932, § 7946; T.C.A. (orig. ed.), § 64-1127; Acts 2007, ch. 189, § 26.
The provision of title 30, chapter 2, part 5, prohibiting the bringing of suits against personal representatives after the grant of letters shall not apply to suits brought under this chapter.
Code 1932, § 7946; T.C.A. (orig. ed.), § 64-1127; Acts 2007, ch. 189, § 26.
Tenn. Code Ann. § 66-28-501 — TN Code / Title 66 / Chapter 28 / Section 66-28-501
Noncompliance with rental agreement by landlord
Status: in_force

(a) Except as provided in this chapter, the tenant may recover damages, obtain injunctive relief and recover reasonable attorney's fees for any noncompliance by the landlord with the rental agreement or any section of this chapter upon giving fourteen (14) days' written notice. (b) If the rental agreement is terminated for noncompliance after sufficient notice, the landlord shall return all prepaid rent and security deposits recoverable by the tenant under § 66-28-301 . Acts 1975, ch. 245, § 4.101; 1978, ch. 735, § 1; T.C.A., § 64-2841.
(a) Except as provided in this chapter, the tenant may recover damages, obtain injunctive relief and recover reasonable attorney's fees for any noncompliance by the landlord with the rental agreement or any section of this chapter upon giving fourteen (14) days' written notice.
(b) If the rental agreement is terminated for noncompliance after sufficient notice, the landlord shall return all prepaid rent and security deposits recoverable by the tenant under § 66-28-301 .
Acts 1975, ch. 245, § 4.101; 1978, ch. 735, § 1; T.C.A., § 64-2841.
Tenn. Code Ann. § 66-20-102 — TN Code / Title 66 / Chapter 20 / Section 66-20-102
Lien on female for service of male
Status: in_force

(a) Where the lien for pasturage shall occur in virtue of § 66-20-101 , the charges shall include also those for the service of any jack, bull, ram, or boar; provided, that the charge for the service of such animal to the female shall have been agreed upon between the parties. (b) This section shall likewise include the service of any stud or stallion. Acts 1868-1869, ch. 16, § 2; Shan., § 3553; mod. Code 1932, §7976; mod. C. Supp. 1950, § 7976; Acts 1959, ch. 220, § 1; T.C.A. (orig. ed.), § 64-2002.
(a) Where the lien for pasturage shall occur in virtue of § 66-20-101 , the charges shall include also those for the service of any jack, bull, ram, or boar; provided, that the charge for the service of such animal to the female shall have been agreed upon between the parties.
(b) This section shall likewise include the service of any stud or stallion.
Acts 1868-1869, ch. 16, § 2; Shan., § 3553; mod. Code 1932, §7976; mod. C. Supp. 1950, § 7976; Acts 1959, ch. 220, § 1; T.C.A. (orig. ed.), § 64-2002.
Tenn. Code Ann. § 66-32-312 — TN Code / Title 66 / Chapter 32 / Section 66-32-312
Void agreement - Waiver of cancellation provisions
Status: in_force

Any contractual agreement containing a waiver of § 66-32-304 is contrary to public policy and is void and unenforceable. Acts 1990, ch. 804, § 1; T.C.A., § 47-18-412.
Any contractual agreement containing a waiver of § 66-32-304 is contrary to public policy and is void and unenforceable.
Acts 1990, ch. 804, § 1; T.C.A., § 47-18-412.
Tenn. Code Ann. § 66-18-102 — TN Code / Title 66 / Chapter 18 / Section 66-18-102
Scope, attachment and enforcement of lien
Status: in_force

(a) Molders, shall have a lien, dependent on possession, on all dies, molds, forms or patterns in their hands belonging to a customer, for the balance due them from such customer for any manufacturing or fabrication work, and in the value of all material related to such work. Such liens shall attach upon the commencement of work by the molder and shall be subject to any prior perfected security interest in such property as of the commencement date. The molder may retain possession of the dye, mold, form or pattern until the charges are paid, or until repossessed by a creditor with a prior perfected security interest. (b) Before enforcing the lien, notice in writing shall be given to the customer, whether delivered personally or sent by registered mail to the last known address of the customer. This notice shall state that a lien is claimed for the damages set forth in or attached to such writing for manufacturing or fabrication work contracted or performed for the customer. This notice shall also include a demand for payment. (c) If the molder has not been paid the amount due within sixty (60) days after the notice has been received by the customer as provided in subsection (b), the molder may sell the die, mold, form or pattern in a commercially reasonable manner pursuant to title 47, chapter 9, part 5. Acts 1999, ch. 106, § 3.
(a) Molders, shall have a lien, dependent on possession, on all dies, molds, forms or patterns in their hands belonging to a customer, for the balance due them from such customer for any manufacturing or fabrication work, and in the value of all material related to such work. Such liens shall attach upon the commencement of work by the molder and shall be subject to any prior perfected security interest in such property as of the commencement date. The molder may retain possession of the dye, mold, form or pattern until the charges are paid, or until repossessed by a creditor with a prior perfected security interest.
(b) Before enforcing the lien, notice in writing shall be given to the customer, whether delivered personally or sent by registered mail to the last known address of the customer. This notice shall state that a lien is claimed for the damages set forth in or attached to such writing for manufacturing or fabrication work contracted or performed for the customer. This notice shall also include a demand for payment.
(c) If the molder has not been paid the amount due within sixty (60) days after the notice has been received by the customer as provided in subsection (b), the molder may sell the die, mold, form or pattern in a commercially reasonable manner pursuant to title 47, chapter 9, part 5.
Acts 1999, ch. 106, § 3.
Tenn. Code Ann. § 66-8-105 — TN Code / Title 66 / Chapter 8 / Section 66-8-105
Remedies against waste
Status: in_force

The person having the right to redeem such real estate may file a bill in chancery for an injunction to restrain waste; and, after redemption, may recover damages occasioned by such waste. Code 1858, § 2134 (deriv. Acts 1843-1844, ch. 170, § 2); Shan., §3821; Code 1932, § 7746; T.C.A. (orig. ed.), § 64-805.
The person having the right to redeem such real estate may file a bill in chancery for an injunction to restrain waste; and, after redemption, may recover damages occasioned by such waste.
Code 1858, § 2134 (deriv. Acts 1843-1844, ch. 170, § 2); Shan., §3821; Code 1932, § 7746; T.C.A. (orig. ed.), § 64-805.
Tenn. Code Ann. § 66-13-101 — TN Code / Title 66 / Chapter 13 / Section 66-13-101
Lien on business property
Status: in_force

All employees and laborers of any corporation, or firm, carrying on any corporate or partnership business shall have a lien upon the corporate or firm property of every character and description, for any sums due them for labor and service performed for the corporation or firm, and such lien shall prevail over all other liens, except the vendor's lien or the lien of a mortgage, or deed of trust to secure purchase money. Acts 1883, ch. 18, § 1; 1897, ch. 78, § 1; Shan., § 3564; mod. Code 1932, § 7989; T.C.A. (orig. ed.), § 64-1301.
All employees and laborers of any corporation, or firm, carrying on any corporate or partnership business shall have a lien upon the corporate or firm property of every character and description, for any sums due them for labor and service performed for the corporation or firm, and such lien shall prevail over all other liens, except the vendor's lien or the lien of a mortgage, or deed of trust to secure purchase money.
Acts 1883, ch. 18, § 1; 1897, ch. 78, § 1; Shan., § 3564; mod. Code 1932, § 7989; T.C.A. (orig. ed.), § 64-1301.
Tenn. Code Ann. § 66-27-405 — TN Code / Title 66 / Chapter 27 / Section 66-27-405
Termination of contracts and leases of declarant
Status: in_force

If entered into before the board of directors elected by the unit owners pursuant to § 66-27-403(e) takes office, any contract or lease between the association and a declarant or an affiliate of a declarant, unless the contract or lease exercises a development right or a special declarant right, or any other contract or lease that was not disclosed in the declaration or otherwise in writing prior to the first conveyance of a unit to a party other than the declarant, and at the time entered into was unconscionable to the unit owners under the circumstances then prevailing, may be terminated without penalty by the association at any time after the board of directors elected by the unit owners pursuant to § 66-27-403(e) takes office, upon not less than ninety (90) days notice to the other party. This section does not apply to any lease, the termination of which would terminate the condominium or reduce its size, unless the real estate subject to that lease was included in the condominium for the purpose of avoiding the right of the association to terminate a lease under this section. This section applies only to condominiums containing units restricted to residential purposes. Acts 2008, ch. 766, § 1.
If entered into before the board of directors elected by the unit owners pursuant to § 66-27-403(e) takes office, any contract or lease between the association and a declarant or an affiliate of a declarant, unless the contract or lease exercises a development right or a special declarant right, or any other contract or lease that was not disclosed in the declaration or otherwise in writing prior to the first conveyance of a unit to a party other than the declarant, and at the time entered into was unconscionable to the unit owners under the circumstances then prevailing, may be terminated without penalty by the association at any time after the board of directors elected by the unit owners pursuant to § 66-27-403(e) takes office, upon not less than ninety (90) days notice to the other party. This section does not apply to any lease, the termination of which would terminate the condominium or reduce its size, unless the real estate subject to that lease was included in the condominium for the purpose of avoiding the right of the association to terminate a lease under this section. This section applies only to condominiums containing units restricted to residential purposes.
Acts 2008, ch. 766, § 1.
Tenn. Code Ann. § 66-29-117 — TN Code / Title 66 / Chapter 29 / Section 66-29-117
Treasurer's custody of property presumed abandoned
Status: in_force

The treasurer may take custody of property that is presumed abandoned, whether located in this state, another state, or in a foreign country if: (1) The last known address of the apparent owner, as shown on the records of the holder, is located in this state; or (2) The records of the holder do not reflect the identity or last known address of the apparent owner, and the treasurer has determined that the last known address of the apparent owner is located in this state. Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017. Acts 1978, ch. 561, § 17; T.C.A., § 64-2917.
The treasurer may take custody of property that is presumed abandoned, whether located in this state, another state, or in a foreign country if:
(1) The last known address of the apparent owner, as shown on the records of the holder, is located in this state; or
(2) The records of the holder do not reflect the identity or last known address of the apparent owner, and the treasurer has determined that the last known address of the apparent owner is located in this state.
Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Acts 1978, ch. 561, § 17; T.C.A., § 64-2917.
Tenn. Code Ann. § 66-29-161 — TN Code / Title 66 / Chapter 29 / Section 66-29-161
Failure of person examined to retain records
Status: in_force

If a person subject to examination under § 66-29-157 does not retain the records required by § 66-29-126 , the treasurer may determine the amount of property due using a reasonable method of estimation based on all information available to the treasurer, including extrapolation and the use of statistical sampling when appropriate and necessary, consistent with examination procedures and standards adopted under § 66-29-158 . Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
If a person subject to examination under § 66-29-157 does not retain the records required by § 66-29-126 , the treasurer may determine the amount of property due using a reasonable method of estimation based on all information available to the treasurer, including extrapolation and the use of statistical sampling when appropriate and necessary, consistent with examination procedures and standards adopted under § 66-29-158 .
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Tenn. Code Ann. § 66-11-134 — TN Code / Title 66 / Chapter 11 / Section 66-11-134
Enforcement in general sessions court
Status: in_force

(a) When the lien is enforced by a civil warrant before a court of general sessions, and when an attachment has been levied on the lot or land and judgment rendered, the papers shall be returned to the circuit court, there to be proceeded with as in the case of a court of general sessions execution levied on land. (b) (1) No court of general sessions' attachment in any such case shall be a lien on the land, unless, within twenty (20) days after the levy of attachment, an abstract of the levy of attachment, showing the name of the plaintiff and defendant, the date and amount of the claim, and a description of the premises affected, is filed for registration in the lien book in the office of the register of the county in which the real property, or any affected portion of the real property, lies. (2) The register shall index the abstract, as the indexer is required to index deeds, and, for the registration and indexing, the indexer shall receive the sum prescribed by § 8-21-1001 . Amended by 2020 Tenn. Acts, ch. 749, s 7, eff. 7/1/2020. Code 1858, §§ 3547-3549 (deriv. Acts 1857-1858, ch. 62, §§ 1, 2); Shan., §§ 5310-5312; mod. Code 1932, §§ 7952-7954; modified; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), §§ 64-1134 -- 64-1136; Acts 2007 , ch. 189, § 33.
(a) When the lien is enforced by a civil warrant before a court of general sessions, and when an attachment has been levied on the lot or land and judgment rendered, the papers shall be returned to the circuit court, there to be proceeded with as in the case of a court of general sessions execution levied on land.
(b) (1) No court of general sessions' attachment in any such case shall be a lien on the land, unless, within twenty (20) days after the levy of attachment, an abstract of the levy of attachment, showing the name of the plaintiff and defendant, the date and amount of the claim, and a description of the premises affected, is filed for registration in the lien book in the office of the register of the county in which the real property, or any affected portion of the real property, lies. (2) The register shall index the abstract, as the indexer is required to index deeds, and, for the registration and indexing, the indexer shall receive the sum prescribed by § 8-21-1001 .
(1) No court of general sessions' attachment in any such case shall be a lien on the land, unless, within twenty (20) days after the levy of attachment, an abstract of the levy of attachment, showing the name of the plaintiff and defendant, the date and amount of the claim, and a description of the premises affected, is filed for registration in the lien book in the office of the register of the county in which the real property, or any affected portion of the real property, lies.
(2) The register shall index the abstract, as the indexer is required to index deeds, and, for the registration and indexing, the indexer shall receive the sum prescribed by § 8-21-1001 .
Amended by 2020 Tenn. Acts, ch. 749, s 7, eff. 7/1/2020.
Code 1858, §§ 3547-3549 (deriv. Acts 1857-1858, ch. 62, §§ 1, 2); Shan., §§ 5310-5312; mod. Code 1932, §§ 7952-7954; modified; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), §§ 64-1134 -- 64-1136; Acts 2007 , ch. 189, § 33.
Tenn. Code Ann. § 66-32-204 — TN Code / Title 66 / Chapter 32 / Section 66-32-204
Exemptions
Status: in_force

This part does not apply to any of the following: (1) An offer or disposition other than in the ordinary course of business by any holder of a purchase money lien, including any assignee thereof, who acquires a vacation club interest as a result of an owner's default with respect to the owner's purchase money financing obligations, whether such vacation club interest is acquired by foreclosure, the acceptance of a deed in lieu thereof, or other legal or equitable means; (2) A gratuitous disposition; (3) A disposition by devise, descent, or distribution or a disposition to an inter vivos trust; (4) An offer or disposition of a vacation club interest by an owner other than a developer, unless such owner makes such offer and disposition in the ordinary course of its business; or (5) An offer or disposition of a vacation club interest that is part of a duly registered vacation club pursuant to the laws of a state with the same or more stringent requirements as this state. Acts 1995, ch. 90, § 4.
This part does not apply to any of the following:
(1) An offer or disposition other than in the ordinary course of business by any holder of a purchase money lien, including any assignee thereof, who acquires a vacation club interest as a result of an owner's default with respect to the owner's purchase money financing obligations, whether such vacation club interest is acquired by foreclosure, the acceptance of a deed in lieu thereof, or other legal or equitable means;
(2) A gratuitous disposition;
(3) A disposition by devise, descent, or distribution or a disposition to an inter vivos trust;
(4) An offer or disposition of a vacation club interest by an owner other than a developer, unless such owner makes such offer and disposition in the ordinary course of its business; or
(5) An offer or disposition of a vacation club interest that is part of a duly registered vacation club pursuant to the laws of a state with the same or more stringent requirements as this state.
Acts 1995, ch. 90, § 4.
Tenn. Code Ann. § 66-5-206 — TN Code / Title 66 / Chapter 5 / Section 66-5-206
Duties of real estate licensees
Status: in_force

A real estate licensee representing an owner of residential real property as the listing broker has a duty to inform each such owner represented by that licensee of the owner's rights and obligations under this part. A real estate licensee representing a purchaser of residential real property or, if the purchaser is not represented by a licensee, the real estate licensee representing an owner of residential real estate and dealing with the purchaser has a duty to inform each such purchaser of the purchaser's rights and obligations under this part. If a real estate licensee performs those duties, the licensee shall have no further duties to the parties to a residential real estate transaction under this part, and shall not be liable to any party to a residential real estate transaction for a violation of this part or for any failure to disclose any information regarding any real property subject to this part. However, a cause of action for damages or equitable remedies may be brought against a real estate licensee for intentionally misrepresenting or defrauding a purchaser. A real estate licensee will further be subject to a cause of action for damages or equitable relief for failing to disclose adverse facts of which the licensee has actual knowledge or notice. "Adverse facts" means conditions or occurrences generally recognized by competent licensees that significantly reduce the structural integrity of improvements to real property, or present a significant health risk to occupants of the property. Acts 1994, ch. 828, § 6.
A real estate licensee representing an owner of residential real property as the listing broker has a duty to inform each such owner represented by that licensee of the owner's rights and obligations under this part. A real estate licensee representing a purchaser of residential real property or, if the purchaser is not represented by a licensee, the real estate licensee representing an owner of residential real estate and dealing with the purchaser has a duty to inform each such purchaser of the purchaser's rights and obligations under this part. If a real estate licensee performs those duties, the licensee shall have no further duties to the parties to a residential real estate transaction under this part, and shall not be liable to any party to a residential real estate transaction for a violation of this part or for any failure to disclose any information regarding any real property subject to this part. However, a cause of action for damages or equitable remedies may be brought against a real estate licensee for intentionally misrepresenting or defrauding a purchaser. A real estate licensee will further be subject to a cause of action for damages or equitable relief for failing to disclose adverse facts of which the licensee has actual knowledge or notice. "Adverse facts" means conditions or occurrences generally recognized by competent licensees that significantly reduce the structural integrity of improvements to real property, or present a significant health risk to occupants of the property.
Acts 1994, ch. 828, § 6.
Tenn. Code Ann. § 66-29-145 — TN Code / Title 66 / Chapter 29 / Section 66-29-145
Military medal or decoration
Status: in_force

(a) The treasurer, upon receiving military medals, shall hold and maintain the military medals until the original owner or the owner's respective heirs or beneficiaries can be identified and the military medal returned. (b) The treasurer shall not sell a military medal. (c) The treasurer, with the consent of the respective organization under subdivision (c)(1), agency under subdivision (c)(2), or entity under subdivision (c)(3), may deliver a military medal held under subsection (a) to be held in custody for the owner, to: (1) A military veteran's organization qualified under 26 U.S.C. § 501(c)(19) ; (2) The agency that awarded the medal or decoration; or (3) A governmental entity. (d) Upon delivery under subsection (c), the treasurer is no longer responsible for safekeeping the medal or decoration. Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
(a) The treasurer, upon receiving military medals, shall hold and maintain the military medals until the original owner or the owner's respective heirs or beneficiaries can be identified and the military medal returned.
(b) The treasurer shall not sell a military medal.
(c) The treasurer, with the consent of the respective organization under subdivision (c)(1), agency under subdivision (c)(2), or entity under subdivision (c)(3), may deliver a military medal held under subsection (a) to be held in custody for the owner, to: (1) A military veteran's organization qualified under 26 U.S.C. § 501(c)(19) ; (2) The agency that awarded the medal or decoration; or (3) A governmental entity.
(1) A military veteran's organization qualified under 26 U.S.C. § 501(c)(19) ;
(2) The agency that awarded the medal or decoration; or
(3) A governmental entity.
(d) Upon delivery under subsection (c), the treasurer is no longer responsible for safekeeping the medal or decoration.
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Tenn. Code Ann. § 66-29-120 — TN Code / Title 66 / Chapter 29 / Section 66-29-120
Custody of property presumed abandoned if transaction took place in this state
Status: in_force

Except as otherwise provided in §§ 66-29-117 - 66-29-119, the treasurer may take custody of property presumed abandoned, whether located in this or another state, if: (1) The transaction involving the property occurred in this state; (2) The holder is domiciled in a state that does not provide for the custodial taking of the property; provided, that if the property is specifically exempt from custodial taking under the law of the state of the holder's domicile, the property is not subject to the custody of the treasurer; and (3) The last known address of the apparent owner or other person entitled to the property is unknown or in a state that does not provide for the custodial taking of the property; provided, that if the property is specifically exempt from custodial taking under the law of the state in which the last known address is located, the property is not subject to the custody of the treasurer. Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017. Acts 1978, ch. 561, § 20; 1979, ch. 226, § 22; T.C.A., § 64-2920.
Except as otherwise provided in §§ 66-29-117 - 66-29-119, the treasurer may take custody of property presumed abandoned, whether located in this or another state, if:
(1) The transaction involving the property occurred in this state;
(2) The holder is domiciled in a state that does not provide for the custodial taking of the property; provided, that if the property is specifically exempt from custodial taking under the law of the state of the holder's domicile, the property is not subject to the custody of the treasurer; and
(3) The last known address of the apparent owner or other person entitled to the property is unknown or in a state that does not provide for the custodial taking of the property; provided, that if the property is specifically exempt from custodial taking under the law of the state in which the last known address is located, the property is not subject to the custody of the treasurer.
Amended by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
Acts 1978, ch. 561, § 20; 1979, ch. 226, § 22; T.C.A., § 64-2920.
Tenn. Code Ann. § 66-27-704 — TN Code / Title 66 / Chapter 27 / Section 66-27-704
Notice of change of business entity information
Status: in_force

(a) A business entity that owns residential property in this state that is subject to a declaration shall send to the homeowners' association for the property a written notice of the following: (1) A change in contact information for the business entity; or (2) A transfer of the ownership interest in the residential property. (b) The business entity must send the notice required by this section within thirty (30) business days of the occurrence of an event listed in subdivision (a)(1) or (a)(2). The business entity may send the notice by electronic means to the homeowners' association and to a property manager designated by the homeowners' association, as long as the homeowners' association has provided the business entity with contact information for the purpose of electronic communications. Added by 2021 Tenn. Acts, ch. 151, s 1, eff. 5/1/2021.
(a) A business entity that owns residential property in this state that is subject to a declaration shall send to the homeowners' association for the property a written notice of the following: (1) A change in contact information for the business entity; or (2) A transfer of the ownership interest in the residential property.
(1) A change in contact information for the business entity; or
(2) A transfer of the ownership interest in the residential property.
(b) The business entity must send the notice required by this section within thirty (30) business days of the occurrence of an event listed in subdivision (a)(1) or (a)(2). The business entity may send the notice by electronic means to the homeowners' association and to a property manager designated by the homeowners' association, as long as the homeowners' association has provided the business entity with contact information for the purpose of electronic communications.
Added by 2021 Tenn. Acts, ch. 151, s 1, eff. 5/1/2021.