reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 6 - TENNESSEE COORDINATE SYSTEM (§§ 66-6-101 — 66-6-106) › Section 66-6-104 - Proximity to horizontal control monuments required for use of coordinates

Unless established by Global Navigation Satellite Systems (GNSS) methods, no coordinates based on the systems of plane coordinates defined in this chapter, purporting to define the position of a point on a land boundary, shall be presented to be recorded in any public land records or deed records unless such point is within ten kilometers (10 km) of a horizontal control monument existing or newly established in conformity with the standards of accuracy for first or second order geodetic surveying as prepared and published by the federal geodetic control committee of the United States department of commerce. Standards of the federal geodetic control committee or its successor in force on the date of such survey shall apply. The accuracy limitations described in this section may be modified by any governmental agency to meet local conditions.
Amended by 2019 Tenn. Acts, ch. 213,s 3, eff. 4/23/2019.
Acts 1991, ch. 42, § 5.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 6 - TENNESSEE COORDINATE SYSTEM (§§ 66-6-101 — 66-6-106) › Section 66-6-105 - Description of location of survey stations or land boundary corners - Reliance on system not required

(a)
For purposes of describing the location of any survey station or land boundary corner in this state, it is considered a complete, legal, and satisfactory description of such location to give the position of such survey station or land boundary corner on any system of plane coordinates defined in this chapter; provided, that any person choosing to use a system of plane coordinates to describe any such survey station or land boundary after December 31, 1992, shall use the Tennessee Coordinate System of 1983 and after December 31, 2022, shall use the Tennessee State Plane Coordinate System.
(b)
Nothing contained in this chapter requires a purchaser or mortgagee of real property to rely wholly on a property description, any part of which depends exclusively upon any Tennessee coordinate system.
Amended by 2019 Tenn. Acts, ch. 213,s 4, eff. 4/23/2019.
Acts 1991, ch. 42, § 6.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 6 - TENNESSEE COORDINATE SYSTEM (§§ 66-6-101 — 66-6-106) › Section 66-6-106 - Use of term system on documents - Designation of system used

(a)
The terms Tennessee Coordinate System of 1927, Tennessee Coordinate System of 1983, or Tennessee State Plane Coordinate System must not be used on any map, report of survey, or other document, unless the coordinates contained within such document are based on the Tennessee coordinate system as defined in this chapter.
(b)
Any document containing coordinates based upon a system of plane coordinates defined in this chapter shall contain a statement that indicates whether the Tennessee Coordinate System of 1927, the Tennessee Coordinate System of 1983, or the Tennessee State Plane Coordinate System was used.
(c)
This chapter must not be construed to prohibit the appropriate use of other datums and other geodetic reference networks.
Amended by 2019 Tenn. Acts, ch. 213,s 5, eff. 4/23/2019.
Acts 1991, ch. 42, § 7.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 7 - LEASES (§§ 66-7-101 — 66-7-112) › Section 66-7-101 - Writing required for long term leases - Authentication and registration

Leases for more than three (3) years shall be in writing, and, to be valid against any person other than the lessor, the lessor's heirs and devisees, and persons having actual notice thereof, shall be proved and registered as provided in chapters 22-24 of this title.
Code 1858, § 2002 (deriv. Acts 1841-1842, ch. 12, § 4); Shan., §3663; Code 1932, § 7191; T.C.A. (orig. ed.), § 64-701.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 7 - LEASES (§§ 66-7-101 — 66-7-112) › Section 66-7-102 - Effect of injury to buildings

(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.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 7 - LEASES (§§ 66-7-101 — 66-7-112) › Section 66-7-103 - Maximum term of oil and gas leases

(a)
(1)
Any lease of oil or natural gas rights or any other conveyance of any kind separating such rights from the freehold estate of land shall expire at the end of ten (10) years from the date executed, unless, at the end of such ten (10) years, natural gas or oil is being produced from such land for commercial purposes. If, at any time after the ten-year period, commercial production of oil or natural gas is terminated for a period of six (6) months, all such rights shall revert to the owner of the estate out of which the leasehold estate was carved. No assignment or agreement to waive this subsection (a) shall be valid or enforceable.
(2)
This subsection (a) shall not be construed to affect the validity or the expiration date of any lease or other instrument executed prior to March 16, 1939, nor shall it be construed to affect the validity or the expiration date of any lease, conveyance or other instrument insofar as it may convey underground natural gas storage rights, or otherwise separate such rights from the freehold estate, whenever executed.
(b)
(1)
For a period of one (1) year after the ten-year period provided for in subsection (a) has expired, "production," as used in subsection (a), includes the actual production of minerals under any lease hereof or by the owner of any mineral interest, or when operations are being conducted by any owner of a lease or mineral interest for injection, withdrawal, storage, or disposal of water, gas, or other fluid substances, or when rentals or royalties are being paid by the owner of such leases for the purpose of delaying or enjoying the use of exercise of the rights thereunder or when the same is being carried out on any tract with which such leasehold interest may be unitized or pooled for production purposes. During the one-year period provided for in this subsection (b), any act by the owner of any leasehold or mineral interest pursuant to or authorized by the instrument creating such interest shall be effective to continue in force all rights granted by such instrument, notwithstanding subsection (a).
(2)
This subsection (b) applies to a drilling unit of no more than the number of acres provided for under the pooling clause of the lease and provided there is compliance with the rules of the Tennessee oil and gas board as set forth in paragraph 1040-02-04 of such rules (well spacing).
Acts 1939, ch. 89, §§ 1-3; C. Supp. 1950, § 7620.1 (Williams, § 7620.1); Acts 1963, ch. 69, § 1; 1978, ch. 945, §§1, 2; T.C.A. (orig. ed.), § 64-704.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 7 - LEASES (§§ 66-7-101 — 66-7-112) › Section 66-7-104 - Physically disabled persons' access to housing accommodations

(a)
Totally or partially blind persons and other physically disabled persons shall be entitled to full and equal access, as other members of the general public, to all housing accommodations offered for rent, lease or compensation in this state, subject to the conditions and limitations established by law and applicable to all persons.
(b)
"Housing accommodations" means any real property or portion thereof which is used to occupy or is intended, arranged or designed to be used or occupied, as the home, residence or sleeping place of one (1) or more human beings, but does not include any single family residence, the occupants of which rent, lease or furnish for compensation not more than one (1) room in the residence.
(c)
(1)
Nothing in this section shall require any person renting, leasing, or providing for compensation any real property to modify such property in any way or manner or to provide a higher degree of care for a totally blind or partially blind person or other physically disabled person than for a person who is not blind or disabled.
(2)
(A)
Notwithstanding subdivision (c)(1), any person renting, leasing, or providing for compensation any real property that is three (3) or more stories tall shall give priority in access to housing units on floors one (1) and two (2) of such property to physically disabled persons whose disability would prevent such persons from having reasonable access to units located on higher floors; provided, that the person shall not be required to seek out physically disabled occupants or forego occupancy of the unit for any period of time if a physically disabled occupant is not available. Nothing in this subdivision (c)(2) shall prevent the lessor from using or applying other factors in determining whether or not to rent to a disabled person.
(B)
A violation of subdivision (c)(2)(A) is a Class C misdemeanor punishable only by a fine not to exceed fifty dollars ($50.00).
(d)
Every totally blind or partially blind person who has a guide dog, or who obtains a guide dog, shall be entitled to full and equal access to all housing accommodations included within subsection (a) or any accommodations provided for in §§
71-4-201
,
71-4-202
and this section, and such person shall not be required to pay extra compensation for such guide dog, but shall be liable for any damages done to the premises by such animal.
Acts 1972, ch. 480, § 3; T.C.A., § 64-705; Acts 2005, ch. 215, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 7 - LEASES (§§ 66-7-101 — 66-7-112) › Section 66-7-105 - Adult bookstores and movie houses - Leases unenforceable

Hereby declared against public policy and unenforceable are all leases or rental contracts, whether or not in writing, on real estate or buildings which are used for the purpose of sale, display, distribution or exhibition of obscene live performances or obscene material of any other kind including, but not limited to, the business of operating a store or house for the sale, or the commercial display, distribution or exhibition of an obscene book or magazine or other printed matter, motion pictures or peep shows. Occupants claiming the right to possess, use or occupy any building or real estate because of such an unenforceable lease or rental contract shall be immediately subject to eviction for unlawful detainer thereof in a suit by the owner of the building or real estate or by the state or by the county or by the incorporated municipality in which the building or real estate is located. Any person, firm, partnership or corporation that knowingly leases or rents any real estate or building to any person, firm, partnership or corporation for such purpose shall not have standing to use the courts or legal processes to enforce such lease or rental contract or to collect rentals or any other consideration because of such an unenforceable lease or rental contract.
Acts 1973, ch. 184, § 2; T.C.A., § 64-706; Acts 1996, ch. 1071, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 7 - LEASES (§§ 66-7-101 — 66-7-112) › Section 66-7-106 - Leasing to blind persons

(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.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 7 - LEASES (§§ 66-7-101 — 66-7-112) › Section 66-7-108 - Commercial lease disclosure statement - Remedies for misrepresentation

(a)
At the request of a prospective tenant, the owner of commercial or industrial real property where the commercial property space is one thousand five hundred square feet (1,500 sq. ft.) or less, and the industrial real property is five thousand square feet (5,000 sq. ft.) or less, shall furnish to such prospective tenant a signed disclosure statement detailing the extent to which such real property is understood by the owner to be in compliance with local and state fire, plumbing, and electrical codes for a building of the type under construction. If, at the time such disclosure is made, an item of information required to be disclosed is unknown or not available to the owner, the owner may state that such information is unknown.
(b)
If the owner knowingly misrepresents information required to be disclosed by this section, the lessee's remedies, at the option of the lessee, for such misrepresentation on the disclosure statement shall be either:
(1)
An action for actual damages suffered as a result of known defects existing in the property as of the date of execution of the lease. Any action brought under this subdivision (b)(1) shall be commenced within one (1) year from the date the lessee received the disclosure statement or the date of occupancy, whichever occurs first; or
(2)
Termination of the lease.
(c)
Nothing in this section shall affect other remedies at law or equity otherwise available against an owner in the event of an owner's intentional or willful misrepresentation of the condition of the subject property.
Acts 1999, ch. 122, §§ 1 - 3.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 7 - LEASES (§§ 66-7-101 — 66-7-112) › Section 66-7-110 - Rental termination rights for persons with physical disabilities

A person with a physical disability shall be permitted to terminate a rental lease relative to such person's primary residence without incurring penalties or being obligated to pay rent after ceasing to occupy the property if such person is accepted as a resident of a public housing facility, unless the person's current landlord has made significant modifications to the residence to address issues of accessibility for persons with a physical disability. The person with a physical disability who terminates a rental lease pursuant to this section shall present written evidence of the public housing facility acceptance to the rental leaseholder and the rental leaseholder shall provide written acknowledgement of the lease termination to the lessee. For the purposes of this section, a "person with a physical disability" means a person who meets the standard for being "permanently and totally disabled" under §
71-4-1102
.
Acts 2001, ch. 169, §1; 2011 , ch. 47, § 70.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 8 - REDEMPTION OF REAL ESTATE SOLD FOR DEBT (§§ 66-8-101 — 66-8-114) › Section 66-8-101 - Right of redemption - Waiver

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.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 8 - REDEMPTION OF REAL ESTATE SOLD FOR DEBT (§§ 66-8-101 — 66-8-114) › Section 66-8-102 - Period in which redeemable

Real estate sold for debt and made redeemable shall continue redeemable to the debtor and the debtor's creditors for two (2) years after the sale, upon the terms set forth in this chapter, no matter how often it had been previously redeemed.
Code 1858, § 2130 (deriv. Acts 1820, ch. 11, § 5; 1842 (E.S.), ch. 6, §9); Shan., § 3817; Code 1932, § 7742; T.C.A. (orig. ed.), § 64-802.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 8 - REDEMPTION OF REAL ESTATE SOLD FOR DEBT (§§ 66-8-101 — 66-8-114) › Section 66-8-103 - Waiver of right in mortgage or trust deed

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.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 8 - REDEMPTION OF REAL ESTATE SOLD FOR DEBT (§§ 66-8-101 — 66-8-114) › Section 66-8-104 - Timber on land subject to redemption - Waste

No person holding the temporary title to real estate, subject to redemption, shall use more of the wood growing thereon than the timber required to keep the improvements in good repair, and firewood necessary for those occupying the same; nor shall that person destroy or remove from the land any fencing or buildings.
Code 1858, § 2133 (deriv. Acts 1843-1844, ch. 170, § 1); Shan., §3820; Code 1932, § 7745; T.C.A. (orig. ed.), § 64-804.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 8 - REDEMPTION OF REAL ESTATE SOLD FOR DEBT (§§ 66-8-101 — 66-8-114) › Section 66-8-105 - Remedies against waste

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.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 8 - REDEMPTION OF REAL ESTATE SOLD FOR DEBT (§§ 66-8-101 — 66-8-114) › Section 66-8-106 - Purchase price paid on redemption

Any debtor whose interest in real estate has been so sold, and is subject to redemption, may redeem the interest by paying to the purchaser, or to anyone claiming under the purchaser, the amount bid or paid by the purchaser, with interest thereon at the current composite prime rate as published by the federal reserve board as of the date of purchase per annum, together with all other lawful charges.
Code 1858, § 2126 (deriv. Acts 1820, ch. 11, § 2; 1842 (E.S.), ch. 6, §6); Shan., § 3813; Code 1932, § 7738; T.C.A. (orig. ed.), § 64-806; Acts 1983, ch. 182, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 8 - REDEMPTION OF REAL ESTATE SOLD FOR DEBT (§§ 66-8-101 — 66-8-114) › Section 66-8-107 - Advance on bid by purchasing creditor

If the purchaser is a bona fide creditor by judgment, decree, or debt acknowledged by deed, and, within twenty (20) days after the sale, the purchaser makes an advance on the purchaser's bid, and credits the purchaser's debt by depositing a receipt therefor with the clerk of the court in which the judgment or decree was rendered, or, if the sale was under a deed of trust or mortgage, the purchaser acknowledges a receipt for such advance before the county clerk for registration, and causes the same to be registered in the county where the land lies, then the purchaser shall hold the property subject to redemption at the price bid and such an advance, just as if the whole sum had been bid at the time of the sale.
Code 1858, § 2127 (deriv. Acts 1820, ch. 11, § 4; 1842 (E.S.), ch. 6, §§ 6, 7); Shan., §3814; Code 1932, §7739; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 64-807.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 8 - REDEMPTION OF REAL ESTATE SOLD FOR DEBT (§§ 66-8-101 — 66-8-114) › Section 66-8-108 - Redemption from redeeming creditor

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.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 8 - REDEMPTION OF REAL ESTATE SOLD FOR DEBT (§§ 66-8-101 — 66-8-114) › Section 66-8-109 - Advance on redemption price by redeeming creditor

When any such creditor has redeemed land from the original purchaser, or from one who has previously redeemed, that creditor may, within twenty (20) days after such redemption, advance upon the bid any sum to the extent of that creditor's debt or debts, just as if such creditor had been the original purchaser.
Code 1858, § 2129 (deriv. Acts 1851-1852, ch. 181, § 2); Shan., §3816; Code 1932, § 7741; T.C.A. (orig. ed.), § 64-809.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 8 - REDEMPTION OF REAL ESTATE SOLD FOR DEBT (§§ 66-8-101 — 66-8-114) › Section 66-8-110 - Total amount payable on redemption

The person proposing to redeem shall always pay, or tender, to the holder of the land, the amount of money lawfully paid by the holder, with interest thereon, at the current composite prime rate as published by the federal reserve board as of the date of purchase per annum; and, if the holder is a creditor, shall pay to the debtor or credit the debtor's debt with a sum equal to ten percent (10%) or more on the sum bid at the original sale, 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, § 2131 (deriv. Acts 1820, ch. 11, § 4; 1842 (E.S.), ch. 6, § 9); Acts 1859-1860, ch. 84; Shan., § 3818; Code 1932, § 7743; T.C.A. (orig. ed.), § 64-810; Acts 1983, ch. 182, § 3.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 8 - REDEMPTION OF REAL ESTATE SOLD FOR DEBT (§§ 66-8-101 — 66-8-114) › Section 66-8-111 - Unauthorized increase of bid

In no case shall the holder or claimant of the property increase such holder's or claimant's bid against the debtor, or any bona fide creditor offering to redeem the real estate, except as provided in §
66-8-110
.
Code 1858, § 2132 (deriv. Acts 1842 (E.S.), ch. 6, § 9); Shan., §3819; Code 1932, § 7744; T.C.A. (orig. ed.), § 64-811.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 8 - REDEMPTION OF REAL ESTATE SOLD FOR DEBT (§§ 66-8-101 — 66-8-114) › Section 66-8-112 - Rent during redemption period

The debtor, permitted by the purchaser to remain in possession, shall not be liable for rent from the date of the sale to the time of the redemption; and if the purchaser or the purchaser's assignee takes possession under the purchase, upon redemption by the debtor, the debtor shall have a credit for the fair rent of the premises during the time they were in the purchaser's possession.
Code 1858, § 2135 (deriv. Acts 1849-1850, ch. 121); Shan., § 3822; Code 1932, §7747; T.C.A. (orig. ed.), § 64-812.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 8 - REDEMPTION OF REAL ESTATE SOLD FOR DEBT (§§ 66-8-101 — 66-8-114) › Section 66-8-113 - Payment of redemption money through clerk of court - Failure of clerk to pay over

(a)
Where the purchaser is absent from the purchaser's usual place of residence, so that personal tender to the purchaser is prevented, or resides out of the county where the land lies, the debtor, or party entitled to redeem, may pay the redemption money to the clerk of the circuit court of the county in which the land lies, or in case the land is sold by the judgment or decree of a court, then to the clerk of the court from which the same is sold, to be held by the clerk for the person entitled to it, and such payment shall be good to all intents and purposes.
(b)
If the clerk fails or refuses to pay over such money to the person entitled to it, on application, it may be recovered by motion, in the same way as money paid to the clerk on execution, and not paid over on demand.
Code 1858, §§ 2136, 2137 (deriv. Acts 1843-1844, ch. 179, §§ 2, 3); Acts 1870, ch. 111, § 1; 1889, ch. 83, § 1; 1897, ch. 132, §1; Shan., §§ 3823, 3824; Code 1932, §§ 7748, 7749; T.C.A. (orig. ed.), §§ 64-813, 64-814.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 8 - REDEMPTION OF REAL ESTATE SOLD FOR DEBT (§§ 66-8-101 — 66-8-114) › Section 66-8-114 - Enforcement of right to redemption

(a)
If the purchaser, or the purchaser's vendee, fails or refuses to reconvey to such party entitled and offering to redeem, as set forth in this chapter, such party so paying or tendering payment shall have the right to file in the chancery court a bill to enforce the purchaser's rights of redemption.
(b)
(1)
In any suit to enforce a right of redemption brought by a transferee from the debtor:
(A)
The debtor shall be made a party;
(B)
The suit shall be dismissed on the motion of any party if it appears that the transferee is engaged in speculation or profiteering in such rights of redemption;
(C)
Such speculation and profiteering shall be presumed if it appears that the transfer of the right of redemption was made for a consideration less than the fair market value of the real property minus the amount the debtor would have been required to pay to redeem the property under this chapter; and
(D)
The party seeking to redeem the real property shall complete the tender required by this chapter by paying the amount required for redemption to the clerk of the court.
(2)
It is the intent of this subsection (b) to further the public policy of the state to protect the interests of owners of real property subject to debt and to prohibit the profiteering and speculation in rights of redemption.
(3)
The purpose of this subsection (b) is remedial and it shall be construed to apply to any existing rights of redemption. This subsection (b), however, shall not apply to any rights of redemption arising out of judicial foreclosures or tax sales.
Code 1932, § 7750; T.C.A. (orig. ed.), § 64-815; Acts 1987, ch. 385, §§ 1-3.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 9 - EASEMENTS AND RESTRICTIVE COVENANTS (§§ 66-9-101 — 66-9-403) › Part 1 - PRESERVATION RESTRICTIONS (§§ 66-9-101 — 66-9-103) › Section 66-9-101 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Historically significant" means any structure more than fifty (50) years old; and
(2)
"Preservation restriction" means a right, whether or not stated in the form of a restriction, easement, covenant or condition, in any deed, will or other instrument executed by or on behalf of the owner of the land or in any order of taking, appropriate to preservation of either a structure or a structure and the land upon which such structure is located, historically significant for its architecture or archaeology, to prohibit or limit any or all of the following:
(A)
Alterations in exterior or interior features of the structure;
(B)
Changes in appearance or condition of the land upon which such structure is located;
(C)
Uses not historically appropriate; or
(D)
Other acts or uses detrimental to appropriate preservation of the structure, or land upon which such structure is located.
Acts 1979, ch. 45, § 1; T.C.A., § 64-9-101.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 9 - EASEMENTS AND RESTRICTIVE COVENANTS (§§ 66-9-101 — 66-9-403) › Part 1 - PRESERVATION RESTRICTIONS (§§ 66-9-101 — 66-9-103) › Section 66-9-102 - Enforceability of preservation restrictions

No preservation restriction held by any governmental body or by any nonprofit corporation or trust not for profit shall be unenforceable because of lack of privity of estate or contract, or lack of benefit to particular land, or assignability of the benefit.
Acts 1979, ch. 45, § 2; T.C.A., § 64-9-102.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 9 - EASEMENTS AND RESTRICTIVE COVENANTS (§§ 66-9-101 — 66-9-403) › Part 1 - PRESERVATION RESTRICTIONS (§§ 66-9-101 — 66-9-103) › Section 66-9-103 - Enforcement of preservation restriction - Entry on land - Recovery of damages

A preservation restriction may be enforced by injunction or other proceeding in equity, and shall entitle representatives of the holder of such restriction to enter the land in a reasonable manner and at reasonable times to assure compliance. Nothing in this section shall prevent the holder from also recovering any damages to which the holder may otherwise be entitled.
Acts 1979, ch. 45, § 3; T.C.A., § 64-9-103.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 9 - EASEMENTS AND RESTRICTIVE COVENANTS (§§ 66-9-101 — 66-9-403) › Part 2 - SOLAR ACCESS LAW OF 1979 (§§ 66-9-NEW — 66-9-207) › Section 66-9-NEW - [Newly enacted section not yet numbered]

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.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 9 - EASEMENTS AND RESTRICTIVE COVENANTS (§§ 66-9-101 — 66-9-403) › Part 2 - SOLAR ACCESS LAW OF 1979 (§§ 66-9-NEW — 66-9-207) › Section 66-9-201 - Short title

This part shall be known and may be cited as the "Solar Access Law of 1979."
Acts 1979, ch. 259, § 1; T.C.A., § 64-9-201.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 9 - EASEMENTS AND RESTRICTIVE COVENANTS (§§ 66-9-101 — 66-9-403) › Part 2 - SOLAR ACCESS LAW OF 1979 (§§ 66-9-NEW — 66-9-207) › Section 66-9-202 - Legislative findings and declarations

The general assembly finds that the use of solar energy can help reduce reliance on depletable energy resources such as oil, natural gas and coal, and that solar energy development should, therefore, be encouraged. Further, that as the use of solar energy systems increases, the possibility of future shading of such systems by buildings or vegetation will also increase. Therefore, the general assembly declares that solar easements may be established to allow the owner of a solar energy system to negotiate for assurance of continued access to sunlight. The general assembly further finds that encouragement and protection of solar energy systems is a valid objective which counties and municipalities may consider in promulgating zoning regulations.
Acts 1979, ch. 259, § 2; T.C.A., § 64-9-202.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 9 - EASEMENTS AND RESTRICTIVE COVENANTS (§§ 66-9-101 — 66-9-403) › Part 2 - SOLAR ACCESS LAW OF 1979 (§§ 66-9-NEW — 66-9-207) › Section 66-9-203 - "Solar energy system" defined

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.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 9 - EASEMENTS AND RESTRICTIVE COVENANTS (§§ 66-9-101 — 66-9-403) › Part 2 - SOLAR ACCESS LAW OF 1979 (§§ 66-9-NEW — 66-9-207) › Section 66-9-204 - Instruments creating solar easements - Contents

(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.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 9 - EASEMENTS AND RESTRICTIVE COVENANTS (§§ 66-9-101 — 66-9-403) › Part 2 - SOLAR ACCESS LAW OF 1979 (§§ 66-9-NEW — 66-9-207) › Section 66-9-205 - Easement to run with the land - Abandonment of easement

A solar easement shall be presumed to run with the land or lands benefited and burdened, unless the parties to the easement provide otherwise in writing, and shall be deemed to pass with the property when title is transferred unless stated to the contrary in §
66-9-204(a)(3)
. Any solar easements granted under this part may be abandoned in the same manner as other easements as provided by law.
Acts 1979, ch. 259, § 5; T.C.A., § 64-9-205.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 9 - EASEMENTS AND RESTRICTIVE COVENANTS (§§ 66-9-101 — 66-9-403) › Part 2 - SOLAR ACCESS LAW OF 1979 (§§ 66-9-NEW — 66-9-207) › Section 66-9-206 - Writing and recordation required

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.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 9 - EASEMENTS AND RESTRICTIVE COVENANTS (§§ 66-9-101 — 66-9-403) › Part 3 - CONSERVATION EASEMENT ACT OF 1981 (§§ 66-9-301 — 66-9-309) › Section 66-9-301 - Short title

This part shall be known as the "Conservation Easement Act of 1981."
Acts 1981, ch. 361, § 1; T.C.A., § 64-9-301.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 9 - EASEMENTS AND RESTRICTIVE COVENANTS (§§ 66-9-101 — 66-9-403) › Part 3 - CONSERVATION EASEMENT ACT OF 1981 (§§ 66-9-301 — 66-9-309) › Section 66-9-302 - Legislative findings

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.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 9 - EASEMENTS AND RESTRICTIVE COVENANTS (§§ 66-9-101 — 66-9-403) › Part 3 - CONSERVATION EASEMENT ACT OF 1981 (§§ 66-9-301 — 66-9-309) › Section 66-9-304 - Easement severed from fee - Right of entry

(a)
A conservation easement shall remain severed from the fee unless returned by specific conveyance to the holder of the fee.
(b)
Conservation easements may contain public use clauses.
(c)
The holder of a conservation easement shall maintain the right of entry at reasonable times for inspection whether or not the easement specifically permits such rights of entry.
Acts 1981, ch. 361, § 4; T.C.A., § 64-9-304.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 9 - EASEMENTS AND RESTRICTIVE COVENANTS (§§ 66-9-101 — 66-9-403) › Part 3 - CONSERVATION EASEMENT ACT OF 1981 (§§ 66-9-301 — 66-9-309) › Section 66-9-305 - Acquisition by public bodies

(a)
In order to carry out the purposes of this part, any public body or organization may acquire and dispose of interests in land or structures or features thereon in the form of conservation easements. No conservation easement shall be acquired by eminent domain unless such easement is necessary for the accomplishment of a specific public project which has been authorized by statute. Any such acquisition by a state entity shall be subject to approval by the state building commission.
(b)
No private nonprofit organization shall exercise a power of eminent domain to acquire an easement under this part even though such organization may otherwise have such power.
(c)
Any public body may designate a conservation easement in any real property in which it has an interest, if such property is listed on the National Register or the Tennessee Register, in order to provide protection to and assist in the preservation and protection of such property.
(d)
A public body has all powers necessary or convenient to carry out the purposes and provisions of this chapter, including the following powers in addition to others granted by this chapter:
(1)
Appropriate or borrow funds and make expenditures necessary to carry out the purposes of this chapter; and
(2)
Apply for and accept and utilize grants and any other assistance from the federal government and any other public or private source, to give such security as may be required and to enter into and carry out contracts or agreements in connection with such grants or assistance.
Acts 1981, ch. 361, § 5; T.C.A., § 64-9-305; Acts 1988, ch. 807, § 2.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 9 - EASEMENTS AND RESTRICTIVE COVENANTS (§§ 66-9-101 — 66-9-403) › Part 3 - CONSERVATION EASEMENT ACT OF 1981 (§§ 66-9-301 — 66-9-309) › Section 66-9-306 - Validity of easement

No conservation easement shall be held unenforceable because of privity of estate or contract or lack of benefit to any other land, whether or not appurtenant to the servient land. No conservation easement shall be held automatically extinguished because of violation of its terms or frustration of its purposes.
Acts 1981, ch. 361, § 6; T.C.A., § 64-9-306.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 9 - EASEMENTS AND RESTRICTIVE COVENANTS (§§ 66-9-101 — 66-9-403) › Part 3 - CONSERVATION EASEMENT ACT OF 1981 (§§ 66-9-301 — 66-9-309) › Section 66-9-307 - Enforcement

(a)
An action affecting any conservation easement granted on or after July 1, 2005, may be brought by:
(1)
An owner of an interest in the real property burdened by the easement;
(2)
A holder of the easement;
(3)
A person having third-party right of enforcement;
(4)
The attorney general and reporter, if the holder is no longer in existence and there is no third-party right of enforcement; or
(5)
A person authorized by other law.
(b)
Conservation easements granted before July 1, 2005, may be enforced by the holders or beneficiaries of the easement, or their bona fide representatives, heirs, or assigns.
(c)
Conservation easements may be enforced by injunction, proceedings in equity, or actions at law.
Acts 1981, ch. 361, § 7; T.C.A., § 64-9-307; Acts 2005, ch. 205, § 4.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 9 - EASEMENTS AND RESTRICTIVE COVENANTS (§§ 66-9-101 — 66-9-403) › Part 3 - CONSERVATION EASEMENT ACT OF 1981 (§§ 66-9-301 — 66-9-309) › Section 66-9-308 - Assessment for taxation purposes

(a)
(1)
When a conservation easement is held by a public body or exempt organization for the purposes of this chapter, the subject real property shall be assessed on the basis of the true cash value of the property or as otherwise provided by law, less such reduction in value as may result from the granting of the conservation easements.
(2)
The value of the easement interest held by the public body or exempt organization shall be exempt from property taxation to the same extent as other public property.
(3)
If a conservation easement in a structure is held by a public body or exempt organization for the term of a person's life or a term of years, the exemption shall apply for the length of the term and no longer.
(b)
The owner of the fee shall have all rights and powers to appeal any assessment of such interest on the same basis as provided by law for property tax assessment appeals.
Acts 1981, ch. 361, § 8; T.C.A., § 64-9-308; Acts 1988, ch. 807, § 3.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 9 - EASEMENTS AND RESTRICTIVE COVENANTS (§§ 66-9-101 — 66-9-403) › Part 3 - CONSERVATION EASEMENT ACT OF 1981 (§§ 66-9-301 — 66-9-309) › Section 66-9-309 - Applicability

This part shall not affect any easement entered into prior to July 1, 1981, nor any rights, privileges or duties pursuant to such easements.
Acts 1981, ch. 361, § 14; T.C.A., § 64-9-309.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 9 - EASEMENTS AND RESTRICTIVE COVENANTS (§§ 66-9-101 — 66-9-403) › Part 4 - RESTRICTIVE COVENANTS (§§ 66-9-401 — 66-9-403) › Section 66-9-401 - Effect of waiver

Any waiver of a restrictive covenant applicable to a subdivision lot, when granted for a specifically named business, shall be effective as a waiver for any other business, regardless of name, which operates substantially the same type of business as the business for which the waiver was originally granted.
Acts 1992, ch. 686, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 9 - EASEMENTS AND RESTRICTIVE COVENANTS (§§ 66-9-101 — 66-9-403) › Part 4 - RESTRICTIVE COVENANTS (§§ 66-9-401 — 66-9-403) › Section 66-9-402 - Exemptions from actions

No action shall lie in any court of law or equity against an owner or lessee of real property whose use of real property satisfies the conditions established in §
66-9-401
and in which it is alleged that the owner or lessee of the real property has violated restrictive covenants as to the use of property.
Acts 1992, ch. 686, § 2.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 9 - EASEMENTS AND RESTRICTIVE COVENANTS (§§ 66-9-101 — 66-9-403) › Part 4 - RESTRICTIVE COVENANTS (§§ 66-9-401 — 66-9-403) › Section 66-9-403 - Applicability

This part shall not be construed to apply to preservation restrictions, solar easements, or conservation easements, as defined in this chapter, or to any waiver of a restrictive covenant which by its express terms states that this part shall not be applicable.
Acts 1992, ch. 686, § 3.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 10 - VENDOR'S LIENS (§§ 66-10-101 — 66-10-105) › Section 66-10-101 - Right to sell land for payment of vendor

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.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 10 - VENDOR'S LIENS (§§ 66-10-101 — 66-10-105) › Section 66-10-102 - Jurisdiction to enforce against land

The court of chancery has jurisdiction to enforce the vendor's lien when the amount due is fifty dollars ($50.00) and over.
Code 1932, § 8041; Acts 1933, ch. 96, § 1; C. Supp. 1950, §8041; T.C.A. (orig. ed.), § 64-1003.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 10 - VENDOR'S LIENS (§§ 66-10-101 — 66-10-105) › Section 66-10-103 - Successive sales to meet installments

The suit shall be retained in court, and, as each of the payments becomes due, the court shall direct a sufficient quantity of the land to be sold to satisfy the same.
Code 1858, § 3564 (deriv. Acts 1857-1858, ch. 50, § 1); Shan., §5327; Code 1932, § 8038; T.C.A. (orig. ed.), § 64-1004.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 10 - VENDOR'S LIENS (§§ 66-10-101 — 66-10-105) › Section 66-10-104 - Sale of land as a whole

If the land cannot be divided without material injury to the parties, or, if the vendee so direct, the court shall order it all to be sold at one (1) time, making the payments to fall due at such times as the purchaser has agreed to pay the vendor; and the money, as collected, shall be applied to the payment of the installments due the vendor.
Code 1858, § 3565 (deriv. Acts 1857-1858, ch. 50, § 2); Shan., §5328; mod. Code 1932, § 8039; T.C.A. (orig. ed.), § 64-1005.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 10 - VENDOR'S LIENS (§§ 66-10-101 — 66-10-105) › Section 66-10-105 - Redemption

Whether the land is all sold, or is sold in parcels, the defendant shall have the right of redemption, as in other cases.
Code 1858, § 3566 (deriv. Acts 1857-1858, ch. 50, § 3); Shan., §5329; Code 1932, § 8040; T.C.A. (orig. ed.), § 64-1006.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 11 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 66-11-101 — 66-11-208) › Part 1 - GENERAL PROVISIONS (§§ 66-11-101 — 66-11-150) › Section 66-11-103 - Contract with owner's spouse

When the contract for improving real property is made with a husband or a wife who is not separated and living apart from that person's spouse, and the property is owned by the other spouse or by both spouses, the spouse who is the contracting party shall be deemed to be the agent of the other spouse unless the other spouse serves the prime contractor with written notice of that spouse's objection to the contract within ten (10) days after learning of the contract.
Code 1932, § 7933; T.C.A. (orig. ed.), § 64-1103; Acts 2007, ch. 189, § 3.