reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 27 - PARTITION (§§ 29-27-101 — 29-27-313) › Part 1 - PARTITION GENERALLY (§§ 29-27-101 — 29-27-123) › Section 29-27-112 - Commencement of action by summons

The action may, however, be commenced by filing the petition or bill, and issuance and service of copy and summons, or making publication as in chancery cases.
Code 1858, § 3274; Shan., § 5022; Code 1932, § 9177; T.C.A. (orig. ed.), § 23-2113.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 27 - PARTITION (§§ 29-27-101 — 29-27-313) › Part 1 - PARTITION GENERALLY (§§ 29-27-101 — 29-27-123) › Section 29-27-113 - Decree - Reservation of unknown interests

(a)
The court, on appearance or default, shall declare the rights, titles, and interests of the parties in the premises, and give judgment that partition be made between such of them as have any right therein, according to such right.
(b)
The court may, in a proper case, where there are unknown parties or unknown shares, give judgment that partition be made, so far as the rights or interests of the parties or shares are known and ascertained, and the residue of the premises shall remain for the parties whose interests have not been ascertained, subject to division at any future time.
Code 1858, §§ 3277, 3278; Shan., §§ 5025, 5026; Code 1932, §§ 9180, 9181; T.C.A. (orig. ed.), §§ 23-2115, 23-2116.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 27 - PARTITION (§§ 29-27-101 — 29-27-313) › Part 1 - PARTITION GENERALLY (§§ 29-27-101 — 29-27-123) › Section 29-27-114 - Appointment of commissioners

(a)
Upon the filing of a suit for partition of property, real or personal, the parties shall submit the names of three (3) commissioners selected and agreed upon by the parties. If the parties are unable to agree, the judge shall appoint three (3) commissioners, known by the court or shown to the court to be of good personal character and integrity and knowledgeable in the type of property to be partitioned.
(b)
If the lands lie in different counties, the court may appoint separate sets of commissioners for each county, or one (1) set for all the lands, as may seem best for the interest of the parties.
Amended by 2016 Tenn. Acts, ch. 1078,s 1, eff. 5/20/2016.
Code 1858, §§ 3279, 3287 (deriv. Acts 1787, ch. 17, § 1); Shan., §§ 5027, 5036; Code 1932, §§ 9182, 9191; T.C.A. (orig. ed.), § 23-2117.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 27 - PARTITION (§§ 29-27-101 — 29-27-313) › Part 1 - PARTITION GENERALLY (§§ 29-27-101 — 29-27-123) › Section 29-27-115 - Oath of commissioners

The commissioners, before proceeding to the execution of their duty, shall be severally sworn, by the clerk, the officer summoning them, the county surveyor, the deputy, or any general sessions judge, to do justice among the parties, to the best of their skill and abilities, according to the directions of the court.
Code 1858, § 3280 (deriv. Acts 1787, ch. 17, § 1); Shan., § 5028; Code 1932, § 9183; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-2118.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 27 - PARTITION (§§ 29-27-101 — 29-27-313) › Part 1 - PARTITION GENERALLY (§§ 29-27-101 — 29-27-123) › Section 29-27-116 - Mode of partition

In making partition, the commissioners shall divide the premises and allot the several shares to the respective parties, quality and quantity relatively considered, according to the respective rights and interests of the parties as adjudged by the court, designating the several shares by posts, stones, marked trees, or other permanent monuments; and they may employ a surveyor, with the necessary assistants, to aid therein. The partition may be made by tracts, or by the division of each tract into shares, as may seem right to the commissioners and the court.
Code 1858, §§ 3281, 3288 (deriv. Acts 1815, ch. 123, § 1; 1817, ch. 41, § 3); Shan., §§ 5029, 5037; Code 1932, §§ 9184, 9192; T.C.A. (orig. ed.), § 23-2119.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 27 - PARTITION (§§ 29-27-101 — 29-27-313) › Part 1 - PARTITION GENERALLY (§§ 29-27-101 — 29-27-123) › Section 29-27-117 - Unequal partition - Equalizing charges

If the commissioners are satisfied that exact partition cannot be made without material injury to the parties, or some one of them, they may make the partition as nearly equal as they can, and charge the larger shares with the sums necessary to equalize all the shares, and report the facts.
Code 1858, § 3283 (deriv. Acts 1853-1854, ch. 48, § 4); Shan., § 5031; Code 1932, § 9186; T.C.A. (orig. ed.), § 23-2120.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 27 - PARTITION (§§ 29-27-101 — 29-27-313) › Part 1 - PARTITION GENERALLY (§§ 29-27-101 — 29-27-123) › Section 29-27-118 - Report of commissioners

The commissioners shall make a report in writing, signed by at least three (3) of them, of what they have done, and describing the land divided, and the share of each party, by metes and bounds, or other sufficient designation.
Code 1858, § 3282 (deriv. Acts 1787, ch. 17, § 1); Shan., § 5030; Code 1932, § 9185; T.C.A. (orig. ed.), § 23-2122.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 27 - PARTITION (§§ 29-27-101 — 29-27-313) › Part 1 - PARTITION GENERALLY (§§ 29-27-101 — 29-27-123) › Section 29-27-119 - Confirmation of report - Decree

Upon the coming in of the report, unless set aside for good cause shown, upon exception, the court shall confirm the same, and divest and vest title according to its terms, giving a decree in proper cases in favor of those to whom smaller shares have been allotted against those having the larger shares, for the amounts reported, which decree is a lien on such larger shares until paid. Where there are infants whose shares are thus charged, the court shall direct the money to be paid out of their personal estate, if any.
Code 1858, §§ 3284, 3285 (deriv. Acts 1853-1854, ch. 48, § 4); Shan., §§ 5032, 5033; Code 1932, §§ 9187, 9188; T.C.A. (orig. ed.), § 23-2123.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 27 - PARTITION (§§ 29-27-101 — 29-27-313) › Part 1 - PARTITION GENERALLY (§§ 29-27-101 — 29-27-123) › Section 29-27-120 - Commissioners' expenses

The expenses of the commissioners, including the expenses of a surveyor and the surveyor's assistants, when they have been employed, will be ascertained and allowed by the court; the expenses to be paid by the claimants in the proportion of their interests, or equally, as the court may direct, to be collected as other costs.
Code 1858, § 3286 (deriv. Acts 1787, ch. 17, § 2); Shan., § 5034; Code 1932, § 9189; T.C.A. (orig. ed.), § 23-2124.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 27 - PARTITION (§§ 29-27-101 — 29-27-313) › Part 1 - PARTITION GENERALLY (§§ 29-27-101 — 29-27-123) › Section 29-27-121 - Attorneys' fees

The court may, in its discretion, order the fees of the attorneys for the complainant and defendant to be paid out of the common fund, where the property is sold for partition, and taxed as cost in cases where the property is partitioned in kind.
Acts 1887, ch. 183; Shan., § 5035; Code 1932, § 9190; T.C.A. (orig. ed.), § 23-2125.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 27 - PARTITION (§§ 29-27-101 — 29-27-313) › Part 1 - PARTITION GENERALLY (§§ 29-27-101 — 29-27-123) › Section 29-27-122 - Persons bound by decree

The partition thus made is conclusive:
(1)
On all parties named in the proceedings who have at the time any interest in the premises divided, as owners in fee or as tenants for years or as entitled to the reversion, remainder, or inheritance of such premises after the termination of any particular estate therein; or who by any contingency in any will, conveyance, or otherwise, may be or may become entitled to any beneficial interest in the premises; or who shall have any interest in any individual share of the premises, as tenants for years or for life;
(2)
On all persons interested in the premises who are unknown, to whom notice has been given by publication, as hereinbefore directed;
(3)
On all persons claiming from such parties or persons, or either of them.
Code 1858, § 3291 (deriv. Acts 1787, ch. 17, § 1; 1799, ch. 11, § 2; 1853-1854, ch. 48, § 1; 1855-1856, ch. 164, § 2); Shan., § 5040; Code 1932, § 9195; Acts 1976, ch. 529, § 8; T.C.A. (orig. ed.), § 23-2126.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 27 - PARTITION (§§ 29-27-101 — 29-27-313) › Part 1 - PARTITION GENERALLY (§§ 29-27-101 — 29-27-123) › Section 29-27-123 - Persons not bound by decree

Such judgment and partition will not affect any tenants or persons having claims as tenants, for life, to the whole of the premises, nor preclude any person, except those specified in §
29-27-122
, from claiming any title to the premises, or from controverting the title or interest of the parties between whom the partition has been made.
Code 1858, § 3292; Shan., § 5041; Code 1932, § 9196; T.C.A. (orig. ed.), § 23-2127; modified; T.C.A. (orig. ed.), § 23-2127.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 27 - PARTITION (§§ 29-27-101 — 29-27-313) › Part 2 - SALE FOR DIVISION (§§ 29-27-201 — 29-27-219) › Section 29-27-201 - Sale for division authorized

Any person entitled to a partition of premises, under part 1 of this chapter, is equally entitled to have such premises sold for division, in the following cases:
(1)
If the premises are so situated that partition thereof cannot be made; or
(2)
Where the premises are of such description that it would be manifestly for the advantage of the parties that the same should be sold instead of partitioned.
Code 1858, § 3293 (deriv. Acts 1827, ch. 54, § 1; 1829, ch. 35, § 1; 1853-1854, ch. 48, § 1); Shan., § 5042; Code 1932, § 9197; T.C.A. (orig. ed.), § 23-2128.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 27 - PARTITION (§§ 29-27-101 — 29-27-313) › Part 2 - SALE FOR DIVISION (§§ 29-27-201 — 29-27-219) › Section 29-27-202 - Application for sale

The application for a sale of the premises is made by bill or petition, under the same rules and regulations that govern the application for partition.
Code 1858, § 3294; Shan., § 5043; Code 1932, § 9198; T.C.A. (orig. ed.), § 23-2129.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 27 - PARTITION (§§ 29-27-101 — 29-27-313) › Part 2 - SALE FOR DIVISION (§§ 29-27-201 — 29-27-219) › Section 29-27-203 - Alternative application

The application may be in the alternative for partition, if practicable or advisable, and, if otherwise, for a sale.
Code 1858, § 3296 (deriv. Acts 1853-1854, ch. 48, § 1); Shan., § 5045; Code 1932, § 9200; T.C.A. (orig. ed.), § 23-2130.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 27 - PARTITION (§§ 29-27-101 — 29-27-313) › Part 2 - SALE FOR DIVISION (§§ 29-27-201 — 29-27-219) › Section 29-27-204 - Amendment to pray sale

The petition or bill may also be amended at any stage of the cause, so as to pray a sale, if the parties think it for their interest.
Code 1858, § 3298; Shan., § 5047; Code 1932, § 9202; T.C.A. (orig. ed.), § 23-2131.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 27 - PARTITION (§§ 29-27-101 — 29-27-313) › Part 2 - SALE FOR DIVISION (§§ 29-27-201 — 29-27-219) › Section 29-27-205 - Answer asking sale

Even if application is for partition only, the court may, upon the answers of the defendants asking a sale, and satisfactory cause shown, decree a sale for division.
Code 1858, § 3297; Shan., § 5046; Code 1932, § 9201; T.C.A. (orig. ed.), § 23-2132.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 27 - PARTITION (§§ 29-27-101 — 29-27-313) › Part 2 - SALE FOR DIVISION (§§ 29-27-201 — 29-27-219) › Section 29-27-206 - Commissioners recommending sale

If the commissioners appointed to make partition report that the premises, or any portion thereof, are so situated that a partition cannot be made without great prejudice to the owners, the court may, if satisfied that the report is just and correct, order a sale of the premises, whether prayed for or not in the petition, or asked by the defendant.
Code 1858, § 3299; Shan., § 5048; Code 1932, § 9203; T.C.A. (orig. ed.), § 23-2133.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 27 - PARTITION (§§ 29-27-101 — 29-27-313) › Part 2 - SALE FOR DIVISION (§§ 29-27-201 — 29-27-219) › Section 29-27-207 - Decree for sale of estate situated in several counties

When the estate to be divided is situated in several counties, the court may decree a sale of all the land, as well that situated in the county where the bill is filed as in any other county in the state.
Code 1858, § 3295 (deriv. Acts 1847-1848, ch. 170, §§ 1, 2); Shan., § 5044; Code 1932, § 9199; T.C.A. (orig. ed.), § 23-2134.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 27 - PARTITION (§§ 29-27-101 — 29-27-313) › Part 2 - SALE FOR DIVISION (§§ 29-27-201 — 29-27-219) › Section 29-27-208 - Sale of life estate

(a)
The court may, with the assent of the person entitled to an estate for life, to the whole or any part of the premises, who is a party to the proceedings, sell such estate with the rest.
(b)
(1)
If such person is incapable of giving assent, the court may determine, under all the circumstances, and taking into view the interest of all the parties, whether such estate ought to be excepted from the sale, or sold.
(2)
If the person entitled to any such estate for life be unknown, the court may determine whether the estate shall be sold or not, as in the case of persons under disability, and, in the event of sale, make such order for the protection of the rights of such person in the same manner, as far as may be, as if the person were known and had appeared.
(c)
When such interest is sold, the value thereof may be ascertained and paid over in gross, or the proper proportion of the fund invested, and the income paid over to the party during the continuance of the estate.
Code 1858, §§ 3305-3308 (deriv. Acts 1855-1856, ch. 164, § 2); Shan., §§ 5054-5057; Code 1932, §§ 9209-9212; Acts 1976, ch. 529, §§ 9, 10; T.C.A. (orig. ed.), §§ 23-2135 -- 23-2137.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 27 - PARTITION (§§ 29-27-101 — 29-27-313) › Part 2 - SALE FOR DIVISION (§§ 29-27-201 — 29-27-219) › Section 29-27-209 - Ascertainment of encumbrances - Payment

(a)
(1)
It is the duty of the parties, when a sale is applied for or ordered, to disclose any encumbrance upon the premises, or any part thereof.
(2)
Either party, or the purchaser after sale, may have a reference to ascertain whether there are any encumbrances on the premises, the costs of which reference will be borne by the person applying, unless an encumbrance is discovered which the party failed to disclose, as required in this section, and then by the party failing to disclose.
(b)
If it appears by the report that there are any existing encumbrances upon the estate or interest in the premises of any party named in the proceedings, the court may direct the same to be paid out of the share of the party in the funds, or order a credit to be given the purchaser for the amount of such encumbrance.
Code 1858, §§ 3309-3311; Shan., §§ 5058-5060; Code 1932, §§ 9213-9215; T.C.A. (orig. ed.), §§ 23-2138, 23-2139.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 27 - PARTITION (§§ 29-27-101 — 29-27-313) › Part 2 - SALE FOR DIVISION (§§ 29-27-201 — 29-27-219) › Section 29-27-210 - Interpleader of encumbrancer

If the party dispute the validity of the supposed encumbrance, the purchaser may, by petition, compel such party and the supposed encumbrancer to interplead, unless the parties produce and file a disclaimer or receipt from such supposed encumbrancer.
Code 1858, § 3312; Shan., § 5061; Code 1932, § 9216; T.C.A. (orig. ed.), § 23-2140.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 27 - PARTITION (§§ 29-27-101 — 29-27-313) › Part 2 - SALE FOR DIVISION (§§ 29-27-201 — 29-27-219) › Section 29-27-211 - Unencumbered shares unaffected

The proceedings to ascertain and settle the amount of encumbrances, as provided in §§
29-27-209
- 29-27-213, shall not affect any other party in the suit nor delay the paying over or investing of moneys to or for the benefit of any party upon whose estate in the premises there appears to be no encumbrance.
Code 1858, § 3313; Shan., § 5062; Code 1932, § 9217; T.C.A. (orig. ed.), § 23-2141.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 27 - PARTITION (§§ 29-27-101 — 29-27-313) › Part 2 - SALE FOR DIVISION (§§ 29-27-201 — 29-27-219) › Section 29-27-212 - Sale subject to encumbrance

Sales made without reference to the encumbrances are subject thereto, and do not affect the right of such encumbrancers in any way.
Code 1858, § 3314; Shan., § 5063; Code 1932, § 9218; T.C.A. (orig. ed.), § 23-2142.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 27 - PARTITION (§§ 29-27-101 — 29-27-313) › Part 2 - SALE FOR DIVISION (§§ 29-27-201 — 29-27-219) › Section 29-27-213 - Purchaser's rights under undisclosed encumbrance

Nothing herein contained shall be held to deprive a purchaser of any rights the purchaser may have to be relieved of a sale, by reason of an encumbrance not made known at the sale.
Code 1858, § 3315; Shan. § 5064; Code 1932, § 9219; T.C.A. (orig. ed.), § 23-2143.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 27 - PARTITION (§§ 29-27-101 — 29-27-313) › Part 2 - SALE FOR DIVISION (§§ 29-27-201 — 29-27-219) › Section 29-27-214 - Terms of sale

The court may direct the sale to be made for cash, or on such credit as may be deemed most for the interest of all the parties.
Code 1858, § 3300 (deriv. Acts 1827, ch. 54, § 1); Shan., § 5049; Code 1932, § 9204; T.C.A. (orig. ed.), § 23-2144.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 27 - PARTITION (§§ 29-27-101 — 29-27-313) › Part 2 - SALE FOR DIVISION (§§ 29-27-201 — 29-27-219) › Section 29-27-215 - Security for purchase money

(a)
The installments of purchase money shall be secured by note, with good personal security, and a lien retained on the land until the whole amount is paid.
(b)
The lien for the purchase money subsists until the whole is paid, notwithstanding any omission to reserve such lien, either in the decree or titles made in compliance with the orders of the court.
Code 1858, §§ 3301, 3304; Shan., §§ 5050, 5053; Code 1932, §§ 9205, 9208; T.C.A. (orig. ed.), § 23-2145.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 27 - PARTITION (§§ 29-27-101 — 29-27-313) › Part 2 - SALE FOR DIVISION (§§ 29-27-201 — 29-27-219) › Section 29-27-216 - Vesting of title in purchaser

The court, upon confirmation of the sale, divests title and vests it as in other cases of sale of real estate by decree of court, under the provisions of this Code.
Code 1858, § 3303; Shan., § 5052; Code 1932, § 9207; T.C.A. (orig. ed.), § 23-2146.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 27 - PARTITION (§§ 29-27-101 — 29-27-313) › Part 2 - SALE FOR DIVISION (§§ 29-27-201 — 29-27-219) › Section 29-27-217 - Decree

The rights of the parties shall be settled by the judgment or decree of the court, and the proceeds divided in accordance therewith.
Code 1858, § 3302 (deriv. Acts 1827, ch. 54, § 2); Shan., § 5051; Code 1932, § 9206; T.C.A. (orig. ed.), § 23-2147.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 27 - PARTITION (§§ 29-27-101 — 29-27-313) › Part 2 - SALE FOR DIVISION (§§ 29-27-201 — 29-27-219) › Section 29-27-218 - Disposition of proceeds of sale

(a)
The shares of adults not under any disability, in the proceeds of sale made for partition, after deducting the proportion of costs to be borne by such shares, shall be paid over to such parties or their order.
(b)
If any of the parties are infants, the court shall direct the disposition of the shares of such parties, and may order that the money be paid over to the general guardian, upon giving bond, with good security, to cover the fund, or laid out in the purchase of other lands for such minors, or otherwise permanently invested.
(c)
The court shall, in like manner, direct the disposition of the shares of other parties laboring under the disability of unsoundness of mind, or, upon proper application, order a reinvestment in other property, for the benefit of such parties.
(d)
Where any of the parties are absent from the state, are without legal representatives in this state, or are not known or named in the proceedings, the court shall direct the shares of such parties to be invested in permanent securities at interest, for the benefit of such parties, until claimed by them or their legal representatives.
Code 1858, §§ 3316-3318, 3321 (deriv. Acts 1827, ch. 54, §§ 2, 3; 1851-1852, ch. 166, § 4); Shan., §§ 5065-5067, 5070; Code 1932, §§ 9220-9223; T.C.A. (orig. ed.), §§ 23-2148 -- 23-2151.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 27 - PARTITION (§§ 29-27-101 — 29-27-313) › Part 2 - SALE FOR DIVISION (§§ 29-27-201 — 29-27-219) › Section 29-27-219 - Bond to refund proceeds of sale

The court may, whenever the nature of the case demands, require all, or any of the parties, before they shall receive any share of the moneys arising from a sale under this chapter, to give approved security, in such sum as the court may direct, to refund such share, with interest thereon, in case it should thereafter appear that such party was not entitled thereto.
Code 1858, § 3322; Shan., § 5071; Code 1932, § 9224; T.C.A. (orig. ed.), § 23-2152.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 27 - PARTITION (§§ 29-27-101 — 29-27-313) › Part 3 - UNIFORM PARTITION OF HEIRS PROPERTY ACT (§§ 29-27-301 — 29-27-313) › Section 29-27-301 - Short title

This part is known and may be cited as the "Uniform Partition of Heirs Property Act."
Added by 2022 Tenn. Acts, ch. 1109, s 1, eff. 7/1/2022.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 27 - PARTITION (§§ 29-27-101 — 29-27-313) › Part 3 - UNIFORM PARTITION OF HEIRS PROPERTY ACT (§§ 29-27-301 — 29-27-313) › Section 29-27-302 - Part definitions

As used in this part:
(1)
"Ascendant" means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual;
(2)
"Collateral" means an individual who is related to another individual under the law of intestate succession of this state but who is not the other individual's ascendant or descendant;
(3)
"Descendant" means an individual who follows another individual in lineage, in the direct line of descent from the other individual;
(4)
"Determination of value" means a court order determining the fair market value of heirs property under §
29-27-306
or §
29-27-310
or adopting the valuation of the property agreed to by all cotenants;
(5)
"Heirs property" means real property held in tenancy in common that satisfies all of the following requirements as of the filing of a partition action:
(A)
There is no agreement in a record binding all the cotenants that governs the partition of the property;
(B)
One (1) or more of the cotenants acquired title from a relative, whether living or deceased; and
(C)
Any of the following applies:
(i)
Twenty percent (20%) or more of the interests are held by cotenants who are relatives;
(ii)
Twenty percent (20%) or more of the interests are held by an individual who acquired title from a relative, whether living or deceased; or
(iii)
Twenty percent (20%) or more of the cotenants are relatives;
(6)
"Partition by sale" means a court-ordered sale of the entire heirs property, whether by auction, sealed bids, or open-market sale conducted under §
29-27-310
;
(7)
"Partition in kind" means the division of heirs property into physically distinct and separately titled parcels;
(8)
"Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and
(9)
"Relative" means an ascendant, descendant, or collateral or an individual otherwise related to another individual by blood, marriage, adoption, or law of this state other than this part.
Added by 2022 Tenn. Acts, ch. 1109, s 1, eff. 7/1/2022.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 27 - PARTITION (§§ 29-27-101 — 29-27-313) › Part 3 - UNIFORM PARTITION OF HEIRS PROPERTY ACT (§§ 29-27-301 — 29-27-313) › Section 29-27-303 - Applicability - Relation to other law

(a)
This part applies to partition actions filed on or after July 1, 2022.
(b)
In an action under this chapter, the court shall determine whether the property is heirs property. If the court determines that the property is heirs property and a cotenant seeks partition, then the property shall be partitioned under this part.
(c)
This part supplements parts 1 and 2 of this chapter and, if an action is governed by this part, then this part replaces provisions of parts 1 and 2 of this chapter that are inconsistent with this part.
(d)
This part is remedial in nature and shall be construed to extend to the court the discretion necessary to effectuate this part.
Added by 2022 Tenn. Acts, ch. 1109, s 1, eff. 7/1/2022.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 27 - PARTITION (§§ 29-27-101 — 29-27-313) › Part 3 - UNIFORM PARTITION OF HEIRS PROPERTY ACT (§§ 29-27-301 — 29-27-313) › Section 29-27-304 - Service - Notice by posting

(a)
This part does not limit or affect the method by which service of a petition in a partition action may be made.
(b)
If the plaintiff in a partition action seeks notice by publication and the court determines that the property may be heirs property, then the plaintiff, no later than ten (10) days after the court's determination, shall post and maintain while the action is pending a conspicuous sign on the property that is the subject of the action. The sign must state that the action has commenced and identify the name and address of the court, the case number, and the common designation by which the property is known. The court may require the plaintiff to publish on the sign the name of the plaintiff and the known defendants.
Added by 2022 Tenn. Acts, ch. 1109, s 1, eff. 7/1/2022.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 27 - PARTITION (§§ 29-27-101 — 29-27-313) › Part 3 - UNIFORM PARTITION OF HEIRS PROPERTY ACT (§§ 29-27-301 — 29-27-313) › Section 29-27-305 - Commissioners

If the court appoints commissioners pursuant to §
29-27-114
, each commissioner, in addition to the requirements and disqualifications applicable to commissioners in §
29-27-114
, must be disinterested, impartial, and not a party to or a participant in the action.
Added by 2022 Tenn. Acts, ch. 1109, s 1, eff. 7/1/2022.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 27 - PARTITION (§§ 29-27-101 — 29-27-313) › Part 3 - UNIFORM PARTITION OF HEIRS PROPERTY ACT (§§ 29-27-301 — 29-27-313) › Section 29-27-306 - Determination of value

(a)
Except as otherwise provided in subsections (b) and (c), if the court determines that the property that is the subject of a partition action is heirs property, then the court may consider the county's tax appraised value. If an objection to the tax appraisal is filed by a party within thirty (30) days of receipt of the appraisal, then the court shall determine the fair market value of the property by ordering an appraisal pursuant to subsection (d).
(b)
If all cotenants have agreed to the value of the property or to another method of valuation, then the court shall adopt that value or the value produced by the agreed method of valuation.
(c)
If the court determines that the evidentiary value of an independent appraisal is outweighed by the cost of the appraisal, then the court, after an evidentiary hearing, shall determine the fair market value of the property and send notice to the parties of the value.
(d)
If the court orders an appraisal, then the court shall appoint a disinterested real estate appraiser licensed in this state to determine the fair market value of the property, assuming sole ownership of the fee simple estate. On completion of the appraisal, the appraiser shall file a sworn or verified appraisal with the court.
(e)
If an appraisal is conducted pursuant to subsection (d), then the plaintiff shall send notice to each party with a known address no later than ten (10) days after the appraisal is filed, stating:
(1)
The appraised fair market value of the property;
(2)
That the appraisal is available at the clerk's office; and
(3)
That a party may file with the court an objection to the appraisal no later than thirty (30) days after the notice is sent, stating the grounds for the objection.
(f)
If an appraisal is filed with the court pursuant to subsection (d), then upon motion of a party, the court shall conduct a hearing to determine the fair market value of the property no sooner than thirty (30) days after a copy of the notice of the appraisal is sent to each party under subsection (e), regardless if an objection to the appraisal is filed under subdivision (e)(3). In addition to the court-ordered appraisal, the court may consider other evidence of value offered by a party.
(g)
After a hearing under subsection (f), but before considering the merits of the partition action, the court shall determine the fair market value of the property and send notice to the parties of the value.
Added by 2022 Tenn. Acts, ch. 1109, s 1, eff. 7/1/2022.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 27 - PARTITION (§§ 29-27-101 — 29-27-313) › Part 3 - UNIFORM PARTITION OF HEIRS PROPERTY ACT (§§ 29-27-301 — 29-27-313) › Section 29-27-308 - Partition alternatives

(a)
If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants pursuant to §
29-27-307
, or if after conclusion of the buyout under §
29-27-307
, a cotenant remains that has requested partition in kind, then upon motion and hearing, the court may order partition in kind unless the court, after consideration of the factors listed in §
29-27-309
, finds that partition in kind will result in great prejudice to the cotenants as a group. In considering whether to order partition in kind, the court shall approve a request by two (2) or more parties to have their individual interests aggregated.
(b)
If, at the hearing, the court does not order partition in kind under subsection (a), then the court shall order partition by sale pursuant to §
29-27-310
or, if no cotenant requested partition by sale, the court shall dismiss the action.
(c)
If, at the hearing, the court orders partition in kind pursuant to subsection (a), then the court may require that one (1) or more cotenants pay one (1) or more other cotenants amounts so that the payments, taken together with the value of the in-kind distributions to the cotenants, will make the partition in kind just and proportionate in value to the fractional interests held.
(d)
If the court orders partition in kind, then the court may allocate to the cotenants that are unknown, unlocatable, or the subject of a default judgment, if their interests were not bought out pursuant to §
29-27-307
, a part of the property representing the combined interests of these cotenants, as determined by the court, and this part of the property must remain undivided.
Added by 2022 Tenn. Acts, ch. 1109, s 1, eff. 7/1/2022.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 27 - PARTITION (§§ 29-27-101 — 29-27-313) › Part 3 - UNIFORM PARTITION OF HEIRS PROPERTY ACT (§§ 29-27-301 — 29-27-313) › Section 29-27-309 - Considerations for partition in kind

(a)
In determining whether partition in kind would result in great prejudice to the cotenants as a group pursuant to §
29-27-308(a)
, the court may consider the following:
(1)
Whether the heirs property practicably can be divided among the cotenants;
(2)
Whether partition in kind would apportion the property in such a way that the aggregate fair market value of the parcels resulting from the division would be materially less than the value of the property if it were sold as a whole, taking into account the condition under which a court-ordered sale likely would occur;
(3)
Evidence of the collective duration of ownership or possession of the property by a cotenant and one (1) or more predecessors in title or predecessors in possession to the cotenant who are or were relatives of the cotenant or each other;
(4)
A cotenant's sentimental attachment to the property, including any attachment arising because the property has ancestral or other unique or special value to the cotenant;
(5)
The lawful use being made of the property by a cotenant and the degree to which the cotenant would be harmed if the cotenant could not continue the same use of the property;
(6)
The degree to which the cotenants have contributed their pro rata share of the property taxes, insurance, and other expenses associated with maintaining ownership of the property or have contributed to the physical improvement, maintenance, or upkeep of the property; and
(7)
Any other factor determined by the court to be relevant.
(b)
The court shall not consider one (1) factor in subsection (a) to be dispositive without weighing the totality of all relevant factors and circumstances.
Added by 2022 Tenn. Acts, ch. 1109, s 1, eff. 7/1/2022.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 27 - PARTITION (§§ 29-27-101 — 29-27-313) › Part 3 - UNIFORM PARTITION OF HEIRS PROPERTY ACT (§§ 29-27-301 — 29-27-313) › Section 29-27-310 - Open-market sale, sealed bids, or auction

(a)
If the court orders a sale of heirs property, then the court shall determine the method of sale that is most economically advantageous and in the best interest of the cotenants as a group. The method of sale may be an open-market sale, a sale by sealed bids, or an auction.
(b)
If the court orders an open-market sale and the parties, no later than ten (10) days after the entry of the order, agree on a special commissioner or a real estate broker licensed in this state to offer the property for sale, then, upon motion, the court shall appoint the special commissioner or broker and establish a reasonable commission. If the parties do not agree on a special commissioner or broker, then, upon motion, the court shall appoint a disinterested special commissioner or real estate broker licensed in this state to offer the property for sale and establish a reasonable commission. The special commissioner or broker shall offer the property for sale in a commercially reasonable manner at a price no lower than the determination of value and on the terms and conditions established by the court.
(c)
If the special commissioner or broker appointed under subsection (b) obtains within a reasonable time an offer to purchase the property for at least the determination of value:
(1)
The special commissioner or broker shall comply with the reporting requirements in §
29-27-311
; and
(2)
The sale may be completed in accordance with state law other than this part.
(d)
If the special commissioner or broker appointed under subsection (b) does not obtain within a reasonable time an offer to purchase the property for at least the determination of value, then the court, after a hearing, may:
(1)
Approve the highest outstanding offer, if any;
(2)
Redetermine the value of the property and order that the property continue to be offered for an additional time; or
(3)
Order that the property be sold by sealed bids or at an auction.
(e)
If the court orders a sale by sealed bids or at an auction, then the court shall set terms and conditions of the sale. If the court orders an auction, then the auction must comply with part 2 of this chapter.
(f)
If a purchaser is entitled to a share of the proceeds of the sale, then the purchaser is entitled to a credit against the price in an amount equal to the purchaser's share of the proceeds.
Added by 2022 Tenn. Acts, ch. 1109, s 1, eff. 7/1/2022.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 27 - PARTITION (§§ 29-27-101 — 29-27-313) › Part 3 - UNIFORM PARTITION OF HEIRS PROPERTY ACT (§§ 29-27-301 — 29-27-313) › Section 29-27-311 - Report of open-market sale

(a)
Unless required to do so within a shorter time by part 2 of this chapter or by the court in the court's discretion, a broker appointed under §
29-27-310(b)
to offer heirs property for open-market sale shall file a report with the court and serve a copy on all parties no later than seven (7) days after receiving an offer to purchase the property for at least the value determined under §
29-27-306
or §
29-27-310
.
(b)
The report required by subsection (a) must contain the following information:
(1)
A description of the property to be sold to each buyer;
(2)
The name of each buyer;
(3)
The proposed purchase price;
(4)
The terms and conditions of the proposed sale, including the terms of any owner financing;
(5)
The amounts to be paid to lienholders;
(6)
A statement of contractual or other arrangements or conditions of the broker's commission; and
(7)
Other material facts relevant to the sale.
Added by 2022 Tenn. Acts, ch. 1109, s 1, eff. 7/1/2022.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 27 - PARTITION (§§ 29-27-101 — 29-27-313) › Part 3 - UNIFORM PARTITION OF HEIRS PROPERTY ACT (§§ 29-27-301 — 29-27-313) › Section 29-27-312 - Uniformity of application and construction

In applying and construing this act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Added by 2022 Tenn. Acts, ch. 1109, s 1, eff. 7/1/2022.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 27 - PARTITION (§§ 29-27-101 — 29-27-313) › Part 3 - UNIFORM PARTITION OF HEIRS PROPERTY ACT (§§ 29-27-301 — 29-27-313) › Section 29-27-313 - Relation to Electronic Signatures in Global and National Commerce Act

This part modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (
15 U.S.C. § 7001
et seq.), but does not modify, limit, or supersede Section 101(c) of that act (
15 U.S.C. § 7001(c)
), or authorize electronic delivery of the notices described in Section 103(b) of that act (
15 U.S.C. § 7003(b)
).
Added by 2022 Tenn. Acts, ch. 1109, s 1, eff. 7/1/2022.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 28 - PRODUCTS LIABILITY ACTIONS (§§ 29-28-101 — 29-28-108) › Section 29-28-101 - Short title

This chapter shall be known and may be cited as the "Tennessee Products Liability Act of 1978."
Acts 1978, ch. 703, § 1; T.C.A., § 23-3701.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 28 - PRODUCTS LIABILITY ACTIONS (§§ 29-28-101 — 29-28-108) › Section 29-28-102 - Chapter definitions

As used in this chapter unless the context otherwise requires:
(1)
"Anticipated life." The anticipated life of a product shall be determined by the expiration date placed on the product by the manufacturer when required by law but shall not commence until the date the product was first purchased for use or consumption;
(2)
"Defective condition" means a condition of a product that renders it unsafe for normal or anticipatable handling and consumption;
(3)
"Employer" means any person exercising legal supervisory control or guidance of users or consumers of products;
(4)
"Manufacturer" means the designer, fabricator, producer, compounder, processor or assembler of any product or its component parts;
(5)
"Product" means any tangible object or goods produced;
(6)
"Product liability action" for purposes of this chapter includes all actions brought for or on account of personal injury, death or property damage caused by or resulting from the manufacture, construction, design, formula, preparation, assembly, testing, service, warning, instruction, marketing, packaging or labeling of any product. "Product liability action" includes, but is not limited to, all actions based upon the following theories: strict liability in tort; negligence; breach of warranty, express or implied; breach of or failure to discharge a duty to warn or instruct, whether negligent, or innocent; misrepresentation, concealment, or nondisclosure, whether negligent, or innocent; or under any other substantive legal theory in tort or contract whatsoever;
(7)
"Seller" includes a retailer, wholesaler, or distributor, and means any individual or entity engaged in the business of selling a product, whether such sale is for resale, or for use or consumption. "Seller" also includes a lessor or bailor engaged in the business of leasing or bailment of a product; and
(8)
"Unreasonably dangerous" means that a product is dangerous to an extent beyond that which would be contemplated by the ordinary consumer who purchases it, with the ordinary knowledge common to the community as to its characteristics, or that the product because of its dangerous condition would not be put on the market by a reasonably prudent manufacturer or seller, assuming that the manufacturer or seller knew of its dangerous condition.
Acts 1978, ch. 703, § 2; T.C.A., § 23-3702; modified.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 28 - PRODUCTS LIABILITY ACTIONS (§§ 29-28-101 — 29-28-108) › Section 29-28-103 - Limitation of actions - Exception

(a)
Any action against a manufacturer or seller of a product for injury to person or property caused by its defective or unreasonably dangerous condition must be brought within the period fixed by §§
28-3-104
,
28-3-105
,
28-3-202
and
47-2-725
, but notwithstanding any exceptions to these provisions, it must be brought within six (6) years of the date of injury, in any event, the action must be brought within ten (10) years from the date on which the product was first purchased for use or consumption, or within one (1) year after the expiration of the anticipated life of the product, whichever is the shorter, except in the case of injury to minors whose action must be brought within a period of one (1) year after attaining the age of majority, whichever occurs sooner.
(b)
The foregoing limitation of actions shall not apply to any action resulting from exposure to asbestos or to the human implantation of silicone gel breast implants.
(c)
(1)
Any action against a manufacturer or seller for injury to a person caused by a silicone gel breast implant must be brought within a period not to exceed twenty-five (25) years from the date such product was implanted; provided, that such action must be brought within four (4) years from the date the plaintiff knew or should have known of the injury.
(2)
For purposes of this subsection (c) only, "seller" does not include a hospital or other medical facility where the procedure took place, nor does "seller" include the physician or other medical personnel involved in the procedure.
(3)
This subsection (c) only applies to causes of action not pending or decided on or before May 26, 1993. For the purposes of this subsection (c), a "pending case" is defined as a case actually filed by a silicone gel-filled breast implant recipient.
Acts 1978, ch. 703, § 3; 1979, ch. 162, § 1; T.C.A., §23-3703; Acts 1993, ch. 457, §§ 1, 2.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 28 - PRODUCTS LIABILITY ACTIONS (§§ 29-28-101 — 29-28-108) › Section 29-28-104 - Compliance with government standards - Rebuttable presumption

(a)
Compliance by a manufacturer or seller with any federal or state statute or administrative regulation existing at the time a product was manufactured and prescribing standards for design, inspection, testing, manufacture, labeling, warning or instructions for use of a product, shall raise a rebuttable presumption that the product is not in an unreasonably dangerous condition in regard to matters covered by these standards.
(b)
A manufacturer or seller, other than a manufacturer of a drug or device, shall not be liable for exemplary or punitive damages if:
(1)
The product alleged to have caused the harm was designed, manufactured, packaged, labeled, sold, or represented in relevant and material respects in accordance with the terms of approval, license or similar determination of a government agency; or
(2)
The product was in compliance with a statute of the state or the United States, or a standard, rule, regulation, order, or other action of a government agency pursuant to statutory authority, when such statute or agency action is relevant to the event or risk allegedly causing the harm and the product was in compliance at the time the product left the control of the manufacturer or seller.
(c)
Subsection (b) shall not apply if the claimant establishes that the manufacturer or seller:
(1)
At any time before the event that allegedly caused the harm, sold the product after the effective date of an order of a government agency that ordered the removal of the product from the market or withdrew the agency's approval of the product; or
(2)
In violation of applicable regulations, withheld or misrepresented to the government agency information material to the approval and such information is relevant to the harm which the claimant allegedly suffered.
(d)
The award of punitive or exemplary damages against a manufacturer of a drug or device shall be governed by §
29-39-104
.
Acts 1978, ch. 703, § 4; T.C.A., §23-3704; Acts 2011 , ch. 510, § 11.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 28 - PRODUCTS LIABILITY ACTIONS (§§ 29-28-101 — 29-28-108) › Section 29-28-105 - Determination of defective or dangerous condition

(a)
A manufacturer or seller of a product shall not be liable for any injury to a person or property caused by the product unless the product is determined to be in a defective condition or unreasonably dangerous at the time it left the control of the manufacturer or seller.
(b)
In making this determination, the state of scientific and technological knowledge available to the manufacturer or seller at the time the product was placed on the market, rather than at the time of injury, is applicable. Consideration is given also to the customary designs, methods, standards and techniques of manufacturing, inspecting and testing by other manufacturers or sellers of similar products.
(c)
This section does not apply to an action based on express warranty or misrepresentation regarding the chattel.
(d)
A product is not unreasonably dangerous because of a failure to adequately warn of a danger or hazard that is apparent to the ordinary user.
Acts 1978, ch. 703, §§ 5, 8; T.C.A, § 23-3705.