Whether you’re buying your first home, dealing with a boundary dispute with a neighbor, or trying to understand what actually happens when you sell a house, you’re dealing with real estate law. It’s a broad area that covers pretty much everything related to owning, using, and transferring property. This guide walks through the basics: what real estate law actually covers, the different types ofx property ownership, and what Tennessee specifically requires when you buy or sell.
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Real estate law, sometimes called property law, is the body of law that governs how people own, use, transfer, and resolve disputes over real property, meaning land and anything permanently attached to it, like a house or a building. In Tennessee, most of this is found in Title 66 of the Tennessee Code Annotated, which covers property and conveyances (the legal term for transferring property from one person to another).
Real estate law touches a lot of different situations. Here’s a rundown of the main areas.
The legal documents and requirements for transferring property from one owner to another.
Officially filing property records with the county or city, which protects ownership rights and gives the public notice of who owns what.
The different legal structures for holding title to property, whether alone, with a spouse, or with other co-owners.
The rules governing rental relationships, leases, security deposits, evictions, and tenant rights.
The rules around one person’s right to use part of another person’s land, and how property line disputes get resolved.
Legal claims against a property, often tied to unpaid debts, like a mechanic’s lien for unpaid contractor work.
The legal doctrine that can, under specific and fairly demanding conditions, allow someone to gain ownership of land through long-term, open use of it.
Legal protections for a portion of a person’s home equity in certain circumstances.
What a seller legally has to tell a buyer about a property’s condition before selling it.
The purchase agreements and related contracts that govern a property sale.
The process of finalizing a sale, covered in more detail in our guide to title and escrow in Tennessee.
In real estate law, an “estate” doesn’t mean the same thing it does in probate or estate planning. Here it refers to the type and extent of your legal interest in a piece of property.
The most complete form of ownership, giving you full, indefinite rights to the property, which you can sell, give away, or pass on however you choose.
Ownership that lasts only for someone’s lifetime, after which the property passes to another designated person.
The right to use a property for a set period under a lease, without owning it outright, covering everything from a year-long apartment lease to a longer commercial lease.
An ongoing rental arrangement without a fixed end date, which either party can generally end with proper notice.
A situation where someone remains on a property after their legal right to be there has ended, for example, a tenant who stays after their lease expires without the landlord’s consent.
Co-owners each have an equal share, with rights of survivorship, meaning a deceased owner’s share automatically passes to the surviving co-owner(s).
Co-owners can hold equal or unequal shares, and each owner’s share passes according to their own estate plan rather than automatically to the other owners.
A special form of joint ownership available only to married couples in Tennessee, offering some additional legal protections.
Tennessee’s property laws are found primarily in Title 66 of the Tennessee Code Annotated. Because Title 66 covers so much, and specific chapters can be amended over time, it’s worth checking the current text directly or with an attorney for anything involving a specific transaction or dispute.
Title 66 defines what makes a transfer valid. A deed generally has to be in writing, signed by the person transferring the property, and meet specific formatting and witnessing requirements.
Once a deed is signed, it needs to be filed with the register of deeds. Recording creates a public record of who owns what and establishes priority.
Covers legal claims against a property, most commonly mechanic’s and materialman’s liens. A property with an unresolved lien can’t be sold with clear title.
Includes the Uniform Residential Landlord and Tenant Act, which applies in counties that meet certain population thresholds, not uniformly statewide.
Gives someone a legal right to use part of another person’s land for a specific purpose without actually owning that land, like a shared driveway or utility lines.
Tennessee law protects a certain amount of a homeowner’s equity from being seized by creditors in certain situations.
Condominiums and other specialized property arrangements. Condos, and similar shared-ownership arrangements, come with their own layered set of rules on top of general property law, covering things like shared common areas, owners’ association authority, and how individual units are legally defined within a larger building.
Selling property in Tennessee generally involves meeting a few key legal requirements.
The deed transferring the property has to be signed by the seller, and Tennessee has specific requirements for how it needs to be executed and, generally, notarized.
In Tennessee a purchase contract must be in writing.
ennessee’s Residential Property Disclosure Act generally requires sellers to either complete a disclosure form or sign a disclaimer explicitly declining to make disclosures.
The seller generally needs to be able to convey title free of undisclosed liens or ownership problems, which is where title work comes in.
Any outstanding mortgage or liens on the property typically need to be satisfied at or before closing so the buyer receives clean title.
After closing, the deed needs to be recorded with the county or city to make the ownership change official and public.
Tennessee doesn’t require sellers to use a real estate agent, but given the legal formalities involved, and the fact that Tennessee is generally an attorney-involved state for closings, many sellers work with an attorney or title company to make sure everything’s handled correctly.
Generally have to be brought within a set number of years after the breach, and Tennessee’s timeline for written contracts is longer than for many other types of claims.
Including claims that you failed to properly disclose a known property defect, generally have a shorter window, though the clock can sometimes start when the problem was actually discovered.
Are often subject to a separate rule called a “statute of repose,” which sets an outer limit on how long after construction a claim can be brought.
Because these timeframes vary depending on the type of claim and the specific facts involved, it’s worth talking to an attorney about your specific situation rather than assuming a general number applies. Being thorough and honest with disclosures at the time of sale is still the best way to minimize risk down the road.
A lot of real estate legal problems fall into a handful of recurring categories.
Boundary disputes, disagreements between neighbors over where a property line actually falls.
Easement disputes, conflicts over whether, or how, someone can use part of another person’s land.
Breach of contract in a sale, when a buyer or seller doesn’t follow through on the terms of a purchase agreement.
Title defects, problems like undisclosed liens, forged past deeds, or unresolved ownership claims.
Landlord-tenant disputes, covering everything from security deposits to evictions to habitability issues.
Adverse possession claims, when someone claims ownership of land based on long-term, open use of it.
HOA disputes, conflicts between a homeowner and a homeowners association over rules, fees, or enforcement.
Construction defect claims, when work done on a property turns out to be faulty or doesn’t meet code.
Zoning and land use disputes, disagreements over how a property can legally be used or developed.
Foreclosure issues, arising when a borrower falls behind on mortgage payments.
At a high level, here’s how a typical Tennessee real estate transaction unfolds.
The buyer and seller agree on price and terms, and the buyer typically puts down an earnest money deposit.
This usually includes a home inspection and a review of the property’s disclosures.
A title company or attorney researches the property’s ownership history to confirm it can be sold free of undisclosed problems.
A buyer using a mortgage will typically need an appraisal and loan approval before closing.
This might include negotiating repairs after an inspection, or clearing up a title issue.
Both parties sign the final documents, and escrow handles the exchange of funds and paperwork.
The county officially records the new ownership, completing the transfer.
Real estate law often overlaps with other legal topics.
Real estate transactions and disputes involve a lot of moving legal pieces, and small mistakes can create expensive problems later. At Dahl Family Law, we bring:
A clear understanding of Tennessee’s property and conveyance laws.
Careful attention to disclosures, title issues, and contract terms in a sale.
Experience handling boundary, easement, and other property disputes.
Straightforward guidance whether you’re buying, selling, or resolving a conflict.
It's not always legally required, but Tennessee is generally an attorney-involved state for closings, and an attorney can help make sure your deed, disclosures, and contract terms are all legally sound.
Adverse possession is a legal doctrine that can allow someone to gain ownership of land through long-term, open, and continuous use of it without the owner's permission. Tennessee does recognize this doctrine, but it comes with specific, fairly demanding requirements, it's not something that happens easily or by accident.
Not entirely. HOA rules generally have to operate within the bounds of state law, and can't legally require something that violates a homeowner's statutory rights, but HOAs do have real authority to enforce their own community rules and assess fees within that framework.
Whether you’re navigating a purchase, a sale, or a property dispute, having the right legal guidance protects your investment and your peace of mind.
Dahl Family Law provides representation in a wide range of family law matters, including:
This guide is intended for general informational purposes only and does not constitute legal advice. Real estate matters are fact-specific, and outcomes depend on the details of your situation. Please consult with a licensed Tennessee attorney regarding your specific circumstances.
