Real Estate Disputes

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Real estate disputes in Tennessee commonly involve boundary encroachments, title defects, failed closings, or inadequate seller disclosures, affecting a notable portion of transactions. These claims are addressed through statutes such as the Uniform Residential Landlord and Tenant Act (T.C.A. § 66-28-101 et seq.) for rental-related issues, quiet title actions (T.C.A. § 29-14-101 et seq.) to resolve ownership uncertainties, and the Real Estate Broker License Act (T.C.A. § 62-13-101 et seq.) for agent misconduct. Success requires demonstrating breaches like fraud, misrepresentation, or easement violations. Statutes of limitations vary: three years for contracts and seven years for fraud (T.C.A. § 28-3-105). Delays may lead to adverse possession claims after seven years of open use (T.C.A. § 28-2-101).
 

Immediate Steps After a Dispute Arises

1. Pause Activities: Stop any sales, surveys, or modifications to the property. Notify all involved parties in writing via certified mail to protect your interests and potentially extend limitations periods.

2. Collect Records: Assemble deeds, surveys, closing documents, correspondence, and evidence of issues (e.g., photographs of encroachments). Request a title report from your insurer without delay.

3. Refrain from Self-Remedies: Avoid actions like removing fences or structures, which could result in counterclaims for trespass. Consult an attorney before engaging with parties to prevent unintended admissions.

4. Engage Professionals: Retain a licensed surveyor or title specialist for an initial assessment. Document financial impacts, such as costs from delayed closings or preliminary repair estimates.
    

Building and Pursuing a Claim
 

At The Evans Law Firm, our real estate attorneys review deeds, surveys, and contracts to identify violations and seek resolution:

• Examine Title and Boundaries: Initiate quiet title actions to eliminate defects like outdated liens. Employ precise surveys (e.g., GPS-based) to substantiate encroachments and address disclosure failures under T.C.A. § 66-5-208.

• Review Contract Obligations: Analyze purchase agreements for unmet contingencies (e.g., required disclosures on radon or structural issues). Pursue remedies such as specific performance or contract rescission under T.C.A. § 29-14-101.

• Pursue Fraud or Misrepresentation: Obtain agent records to support claims under the Tennessee Consumer Protection Act (T.C.A. § 47-18-104), which allows treble damages for deceptive conduct like concealing defects.

• Handle HOA and Easement Matters: Seek declaratory judgments to enforce or challenge covenants. Demonstrate easement abandonment through evidence of non-use, as permitted under common law principles.

• Opt for Mediation or Litigation: Use alternative dispute resolution, which resolves over 65% of cases efficiently. If needed, file in chancery court with supporting plats and appraisals, and recover fees as the prevailing party per contract terms.
   

If you're involved in a real estate dispute, contact The Evans Law Firm for a free case evaluation.