The ownership of real property can be conveyed by several methods to include a deed, or by will. Ownership of land is generally held jointly in one of three ways (others are available), The most common is where a married couple may hold property as "tenants by the entirety", which is similar but not the same as "joint tenancy with right of survivorship" and when more than one person owns an interest in the same property such is as "tenants in common."
Ownership of land is conveyed using a deed. The most common forms are "Warranty Deed or General Warranty Deed", "Special Warranty Deed", and "Quitclaim Deed." The forms of warranty provide promised good deed and the grantor (promising party) may provide legal expense and other guarantees in the event of third party claim on the land. A "Quitclaim Deed" is just that, no promise, no guarantee, but it is a legal transfer of ownership often used inter-family.
Most home owners use a home loan to purchase their home. When this is done, generally, the homeowner grants a security interest in the home to the lender to secure the loan. Tennessee uses Deeds of Trust to secure real property. If you fail to make your payments, the lender will inform the Trustee to foreclose the property . Once sold, you can be removed.
Litigation occurs where fraud in the sale exists, land survey disputes, easement disputes, claims by third parties on the land, and foreclosures which are in breach of the agreement.
Tennessee has a limited form of the Uniform Residential Landlord Tenant Act applicable to Anderson, Blount, Seveir, and Knox Counties (and other counties in Tennessee). Common law applies in most counties. We can help persons where the landlord fails in their duty to to the rentor, and we help landlords where the renter is in breach. Residential leases, because of the requirements of the Tennessee Act and the applicability of the Act to certain counties suggest that consultation is appropriate to avoid problems. Certain forms of contracts are not covered by the Uniform Residential Landlord Tenant Act such as a lease to purchase contract.
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