reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 25 - RELEASE OF LIENS CREATED BY WRITTEN INSTRUMENTS (§§ 66-25-101 — 66-25-211) › Part 2 - MARGINAL RELEASE OF LIENS (§§ 66-25-201 — 66-25-211) › Section 66-25-208 - Procurement of release by forgery or fabrication - Penalties

(a)
Any person who produces a fabricated or forged note or other evidence of indebtedness secured by a lien, and procures thereby a release under §§
66-25-201
- 66-25-206, is guilty of forgery and punishable accordingly.
(b)
If the true note, or other such evidence of indebtedness be produced, after its fraudulent or felonious obtainment, and the lien thereby procured to be so released, such person is guilty of a felony, with penalty as in case of forgery.
Acts 1990, ch. 902, § 13.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 25 - RELEASE OF LIENS CREATED BY WRITTEN INSTRUMENTS (§§ 66-25-101 — 66-25-211) › Part 2 - MARGINAL RELEASE OF LIENS (§§ 66-25-201 — 66-25-211) › Section 66-25-209 - Liability of register for improper release

Should the register attest a marginal release without seeing to the compliance with the requirements of this chapter, the register and the sureties on the register's official bond shall be liable to any person injured in consequence thereof.
Acts 1990, ch. 902, § 14.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 25 - RELEASE OF LIENS CREATED BY WRITTEN INSTRUMENTS (§§ 66-25-101 — 66-25-211) › Part 2 - MARGINAL RELEASE OF LIENS (§§ 66-25-201 — 66-25-211) › Section 66-25-210 - Right to release by deed of release or quitclaim preserved

This chapter shall not be construed to preclude the right of release by way of deed of release or quitclaim.
Acts 1990, ch. 902, § 15.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 25 - RELEASE OF LIENS CREATED BY WRITTEN INSTRUMENTS (§§ 66-25-101 — 66-25-211) › Part 2 - MARGINAL RELEASE OF LIENS (§§ 66-25-201 — 66-25-211) › Section 66-25-211 - Applicability of this part to certain counties

This part applies to any county having a population of not less than thirty-two thousand six hundred (32,600) nor more than thirty-two thousand seven hundred (32,700), according to the 1980 federal census or any subsequent federal census.
Acts 1990, ch. 902, § 16.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 26 - EFFECT OF AUTHENTICATION AND REGISTRATION (§§ 66-26-101 — 66-26-116) › Section 66-26-101 - Effect of instruments with or without registration

All of the instruments mentioned in §
66-24-101
shall have effect between the parties to the same, and their heirs and representatives, without registration; but as to other persons, not having actual notice of them, only from the noting thereof for registration on the books of the register, unless otherwise expressly provided.
Code 1858, § 2072 (deriv. Acts 1831, ch. 90, §§ 6, 12; 1841-1842, ch. 12, § 2); Shan., §3749; Code 1932, § 7665; T.C.A. (orig. ed.), § 64-2601.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 26 - EFFECT OF AUTHENTICATION AND REGISTRATION (§§ 66-26-101 — 66-26-116) › Section 66-26-102 - Notice to all the world

All of the instruments registered pursuant to §
66-24-101
shall be notice to all the world from the time they are noted for registration, as prescribed in §
8-13-108
; and shall take effect from such time.
Code 1858, § 2073 (deriv. Acts 1831, ch. 90, §§ 6, 12; 1841-1842, ch. 12, § 2); Shan., §3750; Code 1932, § 7666; T.C.A. (orig. ed.), § 64-2602.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 26 - EFFECT OF AUTHENTICATION AND REGISTRATION (§§ 66-26-101 — 66-26-116) › Section 66-26-103 - Unregistered instruments void as to creditors and bona fide purchasers

Any instruments not so registered, or noted for registration, shall be null and void as to existing or subsequent creditors of, or bona fide purchasers from, the makers without notice.
Code 1858, § 2075 (deriv. Acts 1831, ch. 90, § 12; 1841-1842, ch. 12, §2); Shan., §3752; mod. Code 1932, § 7668; C. Supp. 1950, § 7668; T.C.A. (orig. ed.), § 64-2603; Acts 2005, ch. 303, § 2.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 26 - EFFECT OF AUTHENTICATION AND REGISTRATION (§§ 66-26-101 — 66-26-116) › Section 66-26-104 - Rights as between transferee of decedent and purchaser from heir or devisee

Any such instrument entitled to registration which is not duly registered prior to the expiration of sixty (60) days following the death of the maker of any such instrument shall be null and void as to innocent purchasers for a present valuable consideration from such person or persons as would, but for the execution of the instrument by the decedent, succeed to the rights of the decedent to such property in respect to which such unrecorded instrument was executed; provided, that the holder or any person entitled to the benefit of any such unrecorded instrument shall have a right of action against any such transferors for the reasonable value of any such property transferred, to the extent of the interest of the holder in the property, if brought within one (1) year of the recording of the instrument made by such transferors, if the instrument by which the transfer is made is required to be recorded for the protection of the purchaser under the laws of this state, otherwise the action shall be brought within one (1) year from the consummation of such sale or transfer.
Acts 1937, ch. 122, § 1; C. Supp. 1950, § 7668; T.C.A. (orig. ed.), § 64-2604; Acts 1987, ch. 276, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 26 - EFFECT OF AUTHENTICATION AND REGISTRATION (§§ 66-26-101 — 66-26-116) › Section 66-26-105 - Priority of registered instruments

Any instruments first registered or noted for registration shall have preference over one of earlier date, but noted for registration afterwards; unless it is proved in a court of equity, according to the rules of the court, that the party claiming under the subsequent instrument had full notice of the previous instrument.
Code 1858, § 2074 (deriv. Acts 1831, ch. 90, § 6; 1841-1842, ch. 12, §2); Shan., § 3751; Code 1932, § 7667; T.C.A. (orig. ed.), § 64-2605.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 26 - EFFECT OF AUTHENTICATION AND REGISTRATION (§§ 66-26-101 — 66-26-116) › Section 66-26-106 - Presumption as to validity of registration after twenty years

Whenever a deed has been registered twenty (20) years or more, the same shall be presumed to have been properly acknowledged or proved, though the certificate of acknowledgement or probate has not been transferred to the registers book, and without regard to the form of the certificate; provided, that an acknowledgment to an instrument which has been of record in the register's office for a period of seven (7) years shall be presumed valid so as to comply with the form of acknowledgments set out in §§
66-22-107
and
66-22-108
.
Code 1858, § 2084 (deriv. Acts 1839-1840, ch. 26, § 9); Shan., §3761; mod. Code 1932, § 7672; Acts 1969, ch. 200, § 1; T.C.A. (orig. ed.), § 64-2606; Acts 2005, ch. 303, § 3.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 26 - EFFECT OF AUTHENTICATION AND REGISTRATION (§§ 66-26-101 — 66-26-116) › Section 66-26-107 - Presumption as to subscription by grantor after thirty years

Where a deed has been registered more than thirty (30) years, but the register has failed to register the name of the grantor or bargainor, it shall be presumed that the name of the grantor or bargainor was subscribed to the deed, and the registration shall be good; and in proving the time when a deed has been registered, the date upon the books may be referred to; or the register may certify the fact as it appears upon the register's books; or the time of registration may be established by parol testimony.
Code 1858, § 2085 (deriv. Acts 1839-1840, ch. 26, § 10); Shan., §3762; Code 1932, § 7673; T.C.A. (orig. ed.), § 64-2607.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 26 - EFFECT OF AUTHENTICATION AND REGISTRATION (§§ 66-26-101 — 66-26-116) › Section 66-26-108 - Presumption as to deeds by attorneys after twenty years' registration

In all cases where a deed or deeds conveying real estate have been executed by any person or persons purporting to act as attorney or attorneys in fact, which deed or deeds have been registered, whether with or without proper probate or acknowledgment, or any probate or acknowledgment at all, twenty (20) years or more in the register's office of the county where the real estate is situated, or, if the land lay within the Indian territory at the time of the conveyance, if registered in the register's office of any county in the state, it shall be presumed, unless and until the contrary is shown, as it may be, that the conveyance was properly made by the attorney or attorneys in fact, and such deed or deeds, or certified copies from the register's books, shall be deemed valid to pass the legal title to real estate in the same manner as if the same had been executed by the principal or principals; provided, that nothing contained in this section shall affect the rights of creditors or purchasers for valuable consideration without notice.
Acts 1859-1860, ch. 91, § 1; Shan., § 3764; mod. Code 1932, §7675; T.C.A. (orig. ed.), § 64-2608.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 26 - EFFECT OF AUTHENTICATION AND REGISTRATION (§§ 66-26-101 — 66-26-116) › Section 66-26-109 - Presumption as to powers of attorney after twenty years

When a power or powers of attorney authorizing the sale or conveyance of real estate have been registered, whether with or without proper probate or acknowledgment, or any probate or acknowledgment at all, twenty (20) years or more in the register's office of the county where the real estate is situated, or, if the land lay within the Indian territory, then if registered in the register's office of any county in the state, such power or powers of attorney shall be deemed good and valid in law to pass the estate conveyed by the attorney or attorneys in fact; provided, that nothing contained in this section shall affect the rights of creditors or purchasers for valuable consideration, without notice.
Acts 1859-1860, ch. 91, § 2; Shan., § 3765; Code 1932, §7676; T.C.A. (orig. ed.), § 64-2609.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 26 - EFFECT OF AUTHENTICATION AND REGISTRATION (§§ 66-26-101 — 66-26-116) › Section 66-26-110 - Registered instruments as evidence - Presumptions and burden of proof regarding signatures on instruments

(a)
Any instruments so proved or acknowledged, certified and registered, shall be received as evidence in any of the courts, judicial and administrative tribunals of the state, subject, nevertheless, to be impeached and proved to be a forgery, or to be otherwise inoperative, if the fact be so.
(b)
In an action with respect to an instrument, the authenticity of and authority to make each signature on the instrument is admitted, unless specifically denied in the pleadings. If the validity of a signature is denied in the pleadings, and if the instrument is not registered or is not properly acknowledged or proved, the burden of establishing validity is on the person claiming validity, but the signature is presumed to be authentic and authorized, unless:
(1)
The signer is dead or incompetent at the time of trial on the issue of validity of the signature; and
(2)
The instrument is unregistered or has been registered for fewer than twenty (20) years.
(c)
Under the presumption set forth in subsection (b), the trier of fact must find that the signature is authentic and authorized, unless evidence to the contrary is introduced.
Code 1858, § 2071 (deriv. Acts 1831, ch. 90, § 6); Shan., §3748; mod. Code 1932, § 7664; T.C.A. (orig. ed.), § 64-2610; Acts 2005, ch. 303, § 4.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 26 - EFFECT OF AUTHENTICATION AND REGISTRATION (§§ 66-26-101 — 66-26-116) › Section 66-26-111 - Proof of instruments registered before 1839

Every instrument authorized by law to be registered and proved or acknowledged, and registered prior to October 16, 1839, may be read in evidence:
(1)
Although the certificate only states that the deed was duly proved, without naming the subscribing witnesses by whom it was so proved; and in such case, the court shall presume that it was duly proved by all the subscribing witnesses, and the probate and registration shall be good, leaving it to the adverse party to disprove the fact;
(2)
Although the certificate is not and does not purport to be a transcript from the court minutes, if the certificate states enough to authorize the instrument to be registered; and in this case it shall be presumed that the entry on the minutes authorized the certificate by the clerk, unless the contrary be shown;
(3)
Although the certificate does not mention the term or style of the court at or in which the instrument was proved or acknowledged; and in this case, it shall be presumed that the instrument was proved or acknowledged in the court of which the person giving the certificate was clerk, and the certificate and registration shall be good, unless the contrary be shown;
(4)
Although the clerk, in the clerk's entry on the minutes and in the clerk's certificate on the document, has omitted to describe or mention the property; and in such case, the probate or acknowledgment and the registration shall be good;
(5)
Although the certificate only states that the deed was duly acknowledged, but not by whom; in which case, the instrument shall be presumed to have been acknowledged by the maker, and the acknowledgment and registration shall be good; and
(6)
No such probate or acknowledgment shall be void for want of sufficient certainty therein, if enough is contained on the face of it to identify the instrument to which it applies.
Code 1858, § 2086 (deriv. Acts 1839-1840, ch. 26, § 9); Shan., §3763; Code 1932, § 7674; T.C.A. (orig. ed.), § 64-2611.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 26 - EFFECT OF AUTHENTICATION AND REGISTRATION (§§ 66-26-101 — 66-26-116) › Section 66-26-112 - Erroneous recital as to county where land located

When a grant from the state for lands recites that the lands so granted are situated in one (1) county when they are in a different county, the grant shall be as valid as if the locality thereof were truly recited in the grant; and any subsequent conveyances of the lands in which they are stated to be situate in a different county from that in which they lie, may be registered in the county in which the lands lie, and such registration shall be valid as if the deeds of conveyance had correctly set forth the locality of the lands; provided, that nothing in this section and §§
66-26-108
and
66-26-109
shall affect the rights of creditors or purchasers without notice.
Acts 1859-1860, ch. 91, § 3; Shan., § 3766; Code 1932, §7677; T.C.A. (orig. ed.), § 64-2612.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 26 - EFFECT OF AUTHENTICATION AND REGISTRATION (§§ 66-26-101 — 66-26-116) › Section 66-26-113 - Omission of words from certificate

The unintentional omission by the clerk or other officer of any words in a certificate of an acknowledgment, or probate of any deed or other instrument, shall in nowise vitiate the validity of the deed, or other instrument or the acknowledgement or probate thereof, but the same shall be good and valid to all intents and purposes, if the substance of the authentication required by law is in the certificate.
Code 1858, § 2080 (deriv. Acts 1845-1846, ch. 77); Shan., § 3757; mod. Code 1932, § 7669; T.C.A. (orig. ed.), § 64-2613; Acts 2005, ch. 303, § 5.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 26 - EFFECT OF AUTHENTICATION AND REGISTRATION (§§ 66-26-101 — 66-26-116) › Section 66-26-114 - Correction of omission

If the omission is a matter of substance, the clerk or other officer, on application of either party interested, may correct such mistake or omission of words in such certificate on any such deed or other instrument.
Code 1858, § 2081 (deriv. Acts 1847-1848, ch. 119, § 1); Shan., §3758; Code 1932, § 7670; T.C.A. (orig. ed.), § 64-2614.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 26 - EFFECT OF AUTHENTICATION AND REGISTRATION (§§ 66-26-101 — 66-26-116) › Section 66-26-115 - Registration of correction

The register shall record the correction in the proper book of the register's office, and make a reference to the same on the margin opposite the original registry of the certificate.
Code 1858, § 2083 (deriv. Acts 1847-1848, ch. 119, § 3); Shan., §3760; Code 1932, § 7671; T.C.A. (orig. ed.), § 64-2615.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 26 - EFFECT OF AUTHENTICATION AND REGISTRATION (§§ 66-26-101 — 66-26-116) › Section 66-26-116 - Instruments granting, transferring, pledging or assigning lessors' interests in real property

(a)
Upon registration, in the county where the real property lies, of any instrument granting, transferring, pledging or assigning the lessor's interest in leases or rents arising from real property, the interest of the grantee, transferee, pledgee or assignee shall be fully perfected as to the grantor, transferor, pledgor or assignor and all third parties without the necessity of furnishing notice to the assignor or lessee, obtaining possession of the real property, impounding the rents, securing the appointment of a receiver, or taking any other affirmative action, and shall have the priority provided for in this chapter.
(b)
The lessee is authorized to pay the assignor until the lessee receives notification that rents due or to become due have been assigned and that payment is to be made to the assignee. A notification that does not reasonably identify the rents assigned is ineffective. If requested by the lessee, the assignee must seasonably furnish reasonable proof that the assignment has been made and unless the assignee does so the lessee may pay the assignor.
(c)
Any registered instrument granting, transferring, pledging or assigning an interest in leases or rents arising from real property shall, upon satisfaction, be released as provided in chapter 25 of this title and shall be subject to the penalties provided in such chapter.
Acts 1989, ch. 213, § 2.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 1 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-123) › Section 66-27-101 - Title

This part shall be known as the "Horizontal Property Act."
Acts 1963, ch. 124, § 1; T.C.A., § 64-2701.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 1 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-123) › Section 66-27-103 - Horizontal property regime - Planned unit development - Establishment

(a)
Whenever a developer, the sole owner, or the co-owners of a building expressly declare, through the recordation of a master deed or lease, or by plat, which shall set forth the particulars enumerated by §
66-27-107
, their desire to submit their property to the regime established by this part, there shall be thereby established a horizontal property regime.
(b)
If there is substantial compliance with this part as pertaining to private elements, and if an appropriate legal opinion is obtained from an attorney licensed to practice law in this state to the effect that all legal documents required in this part for the creation of a planned unit development are attached and therefore a planned unit development is created under this part, then a planned unit development shall be deemed to have been properly organized and constituted under state law. All planned unit developments shall require a declaration, bylaws, a plat showing private and common elements, a townhouse corporation, charter and an attorney's opinion.
Acts 1963, ch. 124, § 3; T.C.A., § 64-2703; Acts 1990, ch. 823, § 6.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 1 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-123) › Section 66-27-104 - Ownership - Building code compliance

(a)
Once the property is submitted to the horizontal property regime, an apartment in the building may be individually conveyed and encumbered and may be the subject of ownership, possession or sale and of all types of juridic acts intervivos or mortis causa, as if it were sole and entirely independent of the other apartments in the building of which they form a part, and the corresponding individual titles and interest shall be recordable.
(b)
If private elements are created, the original construction of all apartments must substantially comply with local building codes for planned unit developments, established by the appropriate local authorities for planned unit developments. If no appropriate local authority exists, then compliance must be pursuant to the international building code. A certificate from a professional engineer or architect licensed to practice engineering or architecture in this state, to the effect that construction of the apartments is in substantial compliance with such code, shall be sufficient for the attorney to rely upon in giving an opinion.
Amended by 2015 Tenn. Acts, ch. 356,s 1, eff. 5/4/2015.
Acts 1963, ch. 124, § 4; T.C.A., § 64-2704; Acts 1990, ch. 823, § 7.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 1 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-123) › Section 66-27-105 - Joint ownership

Any apartment may be held and owned by more than one (1) person, as tenants in common, as tenants by the entirety, or in any other real estate tenancy relationship recognized under the laws of the state.
Acts 1963, ch. 124, § 5; T.C.A., § 64-2705.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 1 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-123) › Section 66-27-106 - Owner's rights - Exclusive and common

(a)
An apartment owner shall have an exclusive ownership to the apartment and shall have a common right to share, with other co-owners, in the common elements of the property. Each co-owner may use the elements held in common in accordance with the purpose for which they are intended.
(b)
If a condominium owner is in compliance with the master deed and by-laws, the charter, and any rules and regulations of the horizontal property regime, then the council of co-owners may not deny that condominium owner use and enjoyment of the general common elements of the property.
Acts 1963, ch. 124, § 6; T.C.A., § 64-2706; Acts 2005, ch. 240, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 1 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-123) › Section 66-27-107 - Recordation and contents of master deed, lease or declaration

(a)
A master deed, or lease or declaration shall be recorded in the same manner and subject to the same law as are deeds. Plats may likewise be recorded as in the case of recordation of plats as provided by law.
(b)
A master deed, or lease or declaration or the plat, or any combination of them, to which §
66-27-103
refers shall express the following particulars:
(1)
The description of the land, whether leased or in fee simple, and the building, expressing their respective areas;
(2)
The general description and number of each apartment, expressing its area, location and any other data necessary for its identification;
(3)
The description of the general common elements of the building, and the limited common elements of the building, and the private elements of the property; and
(4)
Bylaws for the administration of the building as in §§
66-27-111
and
66-27-112
provided.
(c)
The common elements, both general and limited, shall remain undivided and shall not be the object of an action for partition or division of co-ownership.
(d)
The declaration shall provide that each owner of a private element shall own a pro rata share of the total membership in the townhouse corporation.
Acts 1963, ch. 124, § 7; T.C.A., § 64-2707; Acts 1990, ch. 823, §§ 8-10.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 1 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-123) › Section 66-27-108 - Recordation and conveyance of apartments

(a)
The deed of each individual apartment shall be recorded in the same manner and subject to the same law as are deeds. Likewise shall mortgages of each individual apartment be recorded subject to the law applicable to the recording of mortgages. Likewise shall other instruments conveying or affecting title to individual apartments be recorded as in the case of recording of such instruments affecting title to real property.
(b)
Any conveyance of an individual apartment shall be deemed to also convey the undivided interest of the owner in the common elements, both general and limited, appertaining to that apartment without specifically or particularly referring to the same. In the case of private elements, a conveyance shall be deemed to convey the undivided membership of the private element owner in the townhouse corporation.
Acts 1963, ch. 124, § 8; T.C.A., § 64-2708; Acts 1990, ch. 823, § 11.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 1 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-123) › Section 66-27-109 - Merger of filial estates with principal property

All of the co-owners or the sole owner of a building constituted into a horizontal property regime may by deed waive this regime and regroup or merge the records of the filial estates with the principal property; provided, that the filial estates are unencumbered, or if encumbered, that the creditors in whose behalf the encumbrances are recorded accept as security the undivided portions of the property owned by the debtors.
Acts 1963, ch. 124, § 9; T.C.A., § 64-2709.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 1 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-123) › Section 66-27-110 - Horizontal property regime following merger

The merger provided for in §
66-27-109
shall in no way bar the subsequent constitution of the property into another horizontal property regime whenever so desired and upon observance of this part.
Acts 1963, ch. 124, § 10; T.C.A., § 64-2710.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 1 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-123) › Section 66-27-111 - Administrative bylaws recorded

The administration of every building constituted into horizontal property shall be governed by bylaws which shall be inserted in or appended to and recorded with the master deed or declaration, as the case may be.
Acts 1963, ch. 124, § 11; T.C.A., § 64-2711; Acts 1990, ch. 823, § 12.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 1 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-123) › Section 66-27-112 - Contents of bylaws - Modification

(a)
The bylaws must necessarily provide for at least the following:
(1)
Form of administration, indicating whether this shall be in charge of an administrator or of a board of administration, or otherwise, and specifying the powers, manner of removal, and, where proper, the compensation of such administrator, board of administration, or otherwise;
(2)
Method of calling or summoning the co-owners to assembly; that a majority of co-owners is required to adopt decisions; who is to preside over the meeting and who will keep the minute book wherein the resolutions shall be recorded;
(3)
Care, upkeep and surveillance of the building and its general or limited common elements and services;
(4)
Manner of collecting from the co-owners for the payment of the common expenses; and
(5)
Designation and dismissal of the personnel necessary for the works and the general or limited common services of the building.
(b)
The sole owner of the building, or if there is more than one (1), the co-owners representing two-thirds (2/3) of the total apartments of the building, may at any time modify the system of administration, but each one (1) of the particulars set forth in this section shall always be embodied in the bylaws. No such modification may be operative until it is embodied in a recorded instrument which shall be recorded in the same office and in the same manner as was the master deed or lease or plat and original bylaws of the horizontal property regime involved.
Acts 1963, ch. 124, § 12; T.C.A., § 64-2712.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 1 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-123) › Section 66-27-113 - Administrator's books - Examination by co-owners

(a)
The administrator, or the board of administration, or other form of administration specified in the bylaws, shall keep a book with a detailed account, in chronological order, of the receipts and expenditures affecting the building and its administration and specifying the maintenance and repair expenses of the common elements and any other expenses incurred.
(b)
Both the book and the vouchers accrediting the entries made thereupon shall be available for examination by all the co-owners at convenient hours on working days that shall be set and announced for general knowledge.
Acts 1963, ch. 124, § 13; T.C.A., § 64-2713.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 1 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-123) › Section 66-27-114 - Expenses prorated - No exemptions

(a)
The co-owners of the apartments are bound to contribute pro rata toward the expenses of administration and of maintenance and repair of the general common elements, and, in the proper case, of the limited common elements, of the building, and toward any other expense lawfully agreed upon.
(b)
No co-owner may be exempted from contributing toward the expenses in subsection (a) by waiver of the use or enjoyment of the common elements or by abandonment of the apartment belonging to that co-owner or by any other means.
Acts 1963, ch. 124, § 14; T.C.A., § 64-2714.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 1 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-123) › Section 66-27-115 - Homestead provisions applicable

The provisions of Constitution of Tennessee, Article XI, § 11 relating to homestead and exemptions and the acts of the general assembly pertaining to or implementing the constitutional provisions shall be applicable to individual apartments which shall have the benefit of such exemptions in those cases the same as in ownership of any other property, and shall inure to the benefit of the owners of such apartments, that is to say, that individual apartments in a horizontal property regime are declared to be homesteads within the purview of Constitution of Tennessee, Article XI, § 11.
Acts 1963, ch. 124, § 15; T.C.A., § 64-2715.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 1 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-123) › Section 66-27-116 - Prorated expenses and taxes - Lien

The sale or conveyance of an apartment shall in all cases be subject to all unpaid assessments against the owner thereof for such owner's pro rata share in the expenses to which §
66-27-114
refers and, if the same are not paid by the owner thereof prior to sale or conveyance, shall be a lien against the apartment and shall be paid by the new owner of the apartment. Likewise shall taxes and other levies and assessments by governmental taxing bodies be a lien against individual apartments.
Acts 1963, ch. 124, § 16; T.C.A., § 64-2716.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 1 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-123) › Section 66-27-117 - Building insurance

The co-owners may, upon resolution of a majority, insure the building against risks, without prejudice to the right of each co-owner to insure such co-owner's apartment on such co-owner's own account and for co-owner's own benefit.
Acts 1963, ch. 124, § 17; T.C.A., § 64-2717.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 1 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-123) › Section 66-27-118 - Reconstruction of damaged building

(a)
In case of fire or any other disaster, the insurance indemnity shall, except as provided in subsection (b), be applied to reconstruct the building.
(b)
Reconstruction shall not be compulsory where it comprises the whole or more than two-thirds (2/3) of the building. In such case, and unless otherwise unanimously agreed upon by the co-owners, the indemnity shall be delivered pro rata to the co-owners entitled to it in accordance with provision made in the bylaws or in accordance with a decision of three-fourths (3/4) of the co-owners if there are no bylaw provisions.
(c)
Should it be proper to proceed with the reconstruction, the provisions for such eventuality made in the bylaws shall be observed, or in lieu thereof, the decision of the council of co-owners shall prevail.
Acts 1963, ch. 124, § 18; T.C.A., § 64-2718.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 1 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-123) › Section 66-27-119 - Costs of reconstruction

(a)
Where the building is not insured or where the insurance indemnity is insufficient to cover the cost of reconstruction, the new building costs shall be paid by all the co-owners directly affected by the damage, in proportion to the value of their respective apartments, or as may be provided by the bylaws; and if any one (1) or more of those composing the minority shall refuse to make such payments, the majority may proceed with the reconstruction at the expense of all the co-owners benefited thereby, upon proper resolution setting forth the circumstances of the case and the cost of the works, with the intervention of the council of co-owners.
(b)
This section may be changed by unanimous resolution of the parties concerned, adopted subsequent to the date on which the fire or other disaster occurred.
Acts 1963, ch. 124, § 19; T.C.A., § 64-2719.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 1 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-123) › Section 66-27-121 - Supplemental rules and regulations

Whenever they deem it proper, the planning and zoning commission of any county or municipality may adopt supplemental rules and regulations governing a horizontal property regime established under this part in order to implement this program.
Acts 1963, ch. 124, § 21; T.C.A., § 64-2721.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 1 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-123) › Section 66-27-122 - Construction with other laws

This part shall be in addition to and supplemental to all other laws of the state; provided, that wherever the application of this part conflicts with the application of such other laws, this part shall prevail.
Acts 1963, ch. 124, § 22; T.C.A., § 64-2722.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 1 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-123) › Section 66-27-123 - Notice to tenant of intent to convert rental units to units for sale

(a)
All owners or lessors of buildings, apartments, rooms, office spaces, or other units, all of which terms in this section shall be referred to as units or unit, which are presently being occupied by one (1) or more persons under a lease or other rental agreement, shall give each tenant at least two (2) months' actual notice of such owner's or lessor's intent to convert such tenant's unit from a rental unit to a condominium, condominium project or other unit which is offered or proposed to be offered for sale. The notice shall specify that the tenant has the right to continue renting such unit at the same rental rate until the expiration of the two-month notice period required by this section.
(b)
No sale of a unit which was converted from a rental unit to a unit offered for sale to a person other than the tenant last renting such unit shall be valid unless such tenant has received two (2) months' actual notice of the owner's or lessor's intent to convert such unit. This provision shall apply regardless of whether the tenant's lease or other rental agreement expires prior to the end of the two-month notice period.
(c)
If an owner or lessor converts a rental unit to a unit offered for sale without giving the tenant of such unit at least two (2) months' actual notice of the conversion, such tenant may elect to remain, with or without a lease, in the unit at the same rental rate until the expiration of a two-month period from the date the tenant received such actual notice or the tenant may vacate the unit immediately upon receiving such actual notice and the owner or lessor shall pay such tenant all reasonable expenses incurred in moving to another location. If a tenant is in a position to make the election provided by this subsection (c) and does not vacate the premises immediately, the owner or lessor shall not be obligated to pay the tenant's moving expenses. The election provided by this subsection (c) shall apply regardless of whether the tenant's lease or other rental agreement has or would have expired prior to the end of the two-month notice period.
(d)
If it is necessary for a tenant to institute a court action to enforce this section and the tenant is the prevailing party, the court shall require the owner or lessor to reimburse the tenant for all reasonable costs incurred in bringing such action, including attorney fees, and shall tax all court costs against the owner or lessor.
(e)
This section shall apply to all units which are converted from rental units to units offered for sale on or after December 1, 1979; provided, that this section shall apply only to Class 1 and Class 2 counties as established by §
8-24-101
.
Acts 1979, ch. 293, §§ 1-3; T.C.A., § 64-2723.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 2 - TENNESSEE CONDOMINIUM ACT OF 2008 - GENERAL PROVISIONS (§§ 66-27-201 — 66-27-211) › Section 66-27-201 - Short title

This part and parts 3-5 of this chapter shall be known and may be cited as the "Tennessee Condominium Act of 2008."
Acts 2008, ch. 766, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 2 - TENNESSEE CONDOMINIUM ACT OF 2008 - GENERAL PROVISIONS (§§ 66-27-201 — 66-27-211) › Section 66-27-202 - Applicability

(a)
This part and parts 3-5 of this chapter apply to all condominiums created within this state after January 1, 2009. Sections
66-27-205
- 66-27-207; 66-27-303; 66-27-304; 66-27-402(a)(1)-(6) and (11)-(16); 66-27-411; 66-27-414(g); 66-27-415; 66-27-417; part 5 of this chapter; and §
66-27-203
, to the extent necessary in construing any of the sections listed in this subsection (a), apply to all condominiums created in this state before January 1, 2009; but those sections apply only with respect to events and circumstances occurring after January 1, 2009, and, with the exception of §
66-27-414(g)
, do not invalidate or supersede existing provisions of the master deed, master lease, declaration, bylaws or plats of those condominiums existing on January 1, 2009.
(b)
Part 1 of this chapter does not apply to condominiums created after January 1, 2009, and does not invalidate any amendment adopted after January 1, 2009, to the master deed, bylaws, or plats of any condominium created before January 1, 2009, if the amendment would be permitted by this part and parts 3-5 of this chapter. The amendment must be adopted in conformity with the procedures and requirements specified by those instruments and by part 1 of this chapter. If the amendment grants to any person any rights, powers, or privileges permitted by this part and parts 3-5 of this chapter, all correlative obligations, liabilities, and restrictions in this part and parts 3-5 of this chapter also apply to that person.
(c)
Condominiums existing before January 1, 2009, may elect to be governed by this part and parts 3-5 of this chapter in their entirety by amending and restating their then existing master deed, bylaws, and plat or plats in a manner that satisfies the requirements of subsection (b) and any additional requirements applicable to a condominium created under this part and parts 3-5 of this chapter. Condominiums created before January 1, 2009, may elect to be governed by this part and parts 3-5 of this chapter by specifically electing to do so in their master deed, master lease, or declaration and by satisfying all requirements applicable to a condominium created under this part and parts 3-5 of this chapter.
(d)
This part and parts 3-5 of this chapter do not apply to condominiums or units located outside this state.
Acts 2008, ch. 766, § 1; 2009, ch. 215, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 2 - TENNESSEE CONDOMINIUM ACT OF 2008 - GENERAL PROVISIONS (§§ 66-27-201 — 66-27-211) › Section 66-27-204 - Variation by agreement

Except as expressly provided in this part and parts 3-5 of this chapter, this part and parts 3-5 of this chapter may not be varied by agreement, and rights conferred by this part and parts 3-5 of this chapter may not be waived. A declarant may not act under a power of attorney, or use any other device, to evade the limitations or prohibitions of this part and parts 3-5 of this chapter or the declaration.
Acts 2008, ch. 766, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 2 - TENNESSEE CONDOMINIUM ACT OF 2008 - GENERAL PROVISIONS (§§ 66-27-201 — 66-27-211) › Section 66-27-205 - Separate titles and taxation

(a)
If there is any unit owner other than a declarant, each unit that has been created, together with its interest in the common elements, constitutes for all purposes a separate parcel of real estate.
(b)
If there is any unit owner other than a declarant, each unit must be separately taxed and assessed, and no separate tax or assessment may be rendered against any common elements.
(c)
If there is no unit owner other than a declarant, the real estate comprising the condominium may be taxed and assessed in any manner provided by law.
Acts 2008, ch. 766, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 2 - TENNESSEE CONDOMINIUM ACT OF 2008 - GENERAL PROVISIONS (§§ 66-27-201 — 66-27-211) › Section 66-27-206 - Applicability of local ordinances, regulations, and building codes

A zoning, subdivision, building code, or other real estate use law, ordinance, or regulation may not prohibit the condominium form of ownership or impose any requirement upon a condominium that it would not impose upon a physically identical development under a different form of ownership. Otherwise, no provision of this part and parts 3-5 of this chapter invalidates or modifies any zoning, subdivision, building code, or other real estate use law, ordinance, or regulation.
Acts 2008, ch. 766, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 2 - TENNESSEE CONDOMINIUM ACT OF 2008 - GENERAL PROVISIONS (§§ 66-27-201 — 66-27-211) › Section 66-27-207 - Eminent domain

(a)
If a unit is acquired by eminent domain, or if part of a unit is acquired by eminent domain leaving the unit owner with a remnant that may not practically or lawfully be used for all purposes permitted by the declaration, the award must compensate the unit owner for the unit owner's unit and its interest in the common elements, whether or not any common elements are acquired. Upon acquisition, unless the decree otherwise provides, that unit's allocated interests are automatically reallocated to the remaining units in proportion to the respective allocated interests of those units before the taking, and the association shall promptly prepare, execute, and record an amendment to the declaration reflecting the reallocations. Any remnant of a unit remaining after part of a unit is taken under this subsection (a) is thereafter a common element.
(b)
Except as provided in subsection (a), if part of a unit is acquired by eminent domain, the award must compensate the unit owner for the reduction in value of the unit and its interest in the common elements, whether or not any common elements are acquired. Upon acquisition, unless the decree otherwise provides that a unit's allocated interests are reduced in proportion to the reduction in the size of the unit, or on any other basis specified in the declaration, the portion of the allocated interests divested from the partially acquired unit are automatically reallocated to that unit and the remaining units in proportion to the respective allocated interests of those units before the taking, with the partially acquired unit participating in the reallocation on the basis of its reduced allocated interests.
(c)
If part of the common elements is acquired by eminent domain, the portion of the award attributable to the common elements taken must be paid to the association. Unless the declaration provides otherwise, any portion of the award attributable to the acquisition of a limited common element must be equally divided among the owners of the units to which that limited common element was allocated at the time of acquisition.
(d)
The court decree shall be recorded in every county in which any portion of the condominium is located.
Amended by 2015 Tenn. Acts, ch. 356,s 2, eff. 5/4/2015.
Acts 2008, ch. 766, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 2 - TENNESSEE CONDOMINIUM ACT OF 2008 - GENERAL PROVISIONS (§§ 66-27-201 — 66-27-211) › Section 66-27-208 - Supplemental general principles of law applicable

The principles of law and equity, including the law of corporations and unincorporated associations and limited liability companies, the law of real property and the law relative to capacity to contract, principal and agent, eminent domain, estoppel, fraud, misrepresentation, duress, coercion, mistake, receivership, substantial performance, or other validating or invalidating cause supplement this part and parts 3-5 of this chapter, except to the extent inconsistent with this part and parts 3-5 of this chapter.
Acts 2008, ch. 766, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 27 - HORIZONTAL PROPERTY (§§ 66-27-101 — 66-27-802) › Part 2 - TENNESSEE CONDOMINIUM ACT OF 2008 - GENERAL PROVISIONS (§§ 66-27-201 — 66-27-211) › Section 66-27-209 - Construction against implicit repeal

This part and parts 3-5, being general parts intended as a unified coverage of their subject matter, no part of them shall be construed to be implicitly repealed by subsequent legislation if that construction can reasonably be avoided.
Acts 2008, ch. 766, § 1.