David B. Hamilton Attorney at Law
865-219-9250
1810 Merchant Drive
Knoxville, TN 37912
9:00AM to 5:00 PM Monday - Thursday
Friday & Saturday by appointment only Sunday closed
Understanding Real Property in Tennessee
Buying, selling, or inheriting real estate can feel complicated, but a few key concepts make the process much easier to understand.
How Property Ownership Works
Real estate can be owned by one person or by multiple people together. In Tennessee, the most common ways people share ownership are:
Tenancy by the Entirety – Available only to married couples. It includes special legal protections and automatic transfer to the surviving spouse.
Joint Tenancy with Right of Survivorship – When one owner passes away, the other automatically becomes the full owner.
Tenancy in Common – Each person owns a share of the property, which can be passed down to heirs.
How Property Is Transferred
Property is usually transferred by a deed. The main types you may see are:
Warranty Deed / General Warranty Deed – Offers the strongest protection, promising that the seller has good title and will defend the buyer against future claims.
Special Warranty Deed – Offers some protection, but only for the time the seller owned the property.
Quitclaim Deed – Transfers whatever interest the seller has, without any promises. Often used between family members.
Mortgages and Deeds of Trust
Most homeowners use a loan to buy their home. In Tennessee, lenders secure the loan with a Deed of Trust, which gives them the right to foreclose if payments are not made. If foreclosure occurs and the property is sold, the new owner may legally take possession.
Common Real Estate Problems
Legal issues can arise for many reasons, including:
Fraud or misrepresentation during a sale
Boundary or survey disputes
Easement disagreements
Third-party claims against the property
Improper or wrongful foreclosure
Having an attorney involved early—during the purchase, construction, or property planning process—can help prevent costly problems and protect your ownership rights.