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In Tennessee, there are three main types of ownership by which land can be co-owned by multiple parties. These forms of ownership, which are known as “tenancies”, are tenancy in common, joint tenancy with right of survivorship, and tenancy by the entirety. These...

Attorney Tracy Wooden discusses House Bill 1259 and its implications for Tennessee property owners. Contact Us If you are facing a squatter situation or want to protect your property, Wooden Law can help. Attorney Tracy Wooden works with Tennessee homeowners to take...

What is an easement? An easement is defined as a party’s right to lawfully use the real property of another.  Easements are frequently associated with access related rights such as the use of right-of-ways or driveways. However, easements can include other types of...

Are restrictive covenants on real property always enforceable? Tennessee courts generally do not favor restrictions on the use of real property. Tennessee’s courts have noted that restrictive covenants are “to be strictly construed with all doubts resolved in favor of...

When our firm performs a title search on real property, many owners are surprised when we discover various liens or other clouds on the title to their property other than their mortgage.   The liens can include: Municipal Lien: A lien filed by a local government...

Do you have issues with your neighbor’s tree? Is the trunk of the tree entirely on your neighbor’s property, but the majority of the branches, leaves and broken limbs end up on your property? Or what if your neighbor has a delicious apple tree and the branches extend...

Under certain circumstances, a party’s payment of property taxes can create a rebuttable presumption that the party has title, or ownership, to the property in question.

In Tennessee, property owners can control the use of real property through the creation of restrictions known as restrictive covenants and equitable servitudes. These restrictions can be made to “run with the land” and restrict a property’s current and future use, even after the property passes into the hands of subsequent owners.

When working with real estate, disputes often arise in cases where a trespassing non-owner has been in possession or use of another party’s property. In these situations claims for adverse possession may be raised by the non-owner to gain title to the contested property.

After a lawsuit is filed, potential defendants are entitled to be given notice of the lawsuit to quiet title.