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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.

 

The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements, certification, specialization or self-proclaimed expertise. Certifications of specialization are available to Tennessee lawyers in all areas of practice relating to or included in the areas of Civil Trial, Criminal Trial, Business Bankruptcy, Consumer Bankruptcy, Creditor's Rights, Medical Malpractice, Legal Malpractice, Accounting Malpractice, Elder Law, Estate Planning and Family Law. Listing of related or included practice areas herein does not constitute or imply representation of certification of specialization. These disclosures are required by the Supreme Court of Tennessee.  This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.



 

 

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