Tennessee Property Law Flashcards
6 cards from real TN BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Tennessee Property Law flashcards as text
In Tennessee, a mechanic's lien must generally be filed within how many days after the last day of furnishing labor or materials?
Answer: 90 days
Under T.C.A. § 66-11-112, a contractor or materialman must file a mechanic's lien within 90 days after the last day of furnishing labor or materials.
Tennessee's marketable title is defined as title that is free from:
Answer: Reasonable doubt as to its validity, which would cause a reasonably prudent buyer to refuse it
Tennessee marketable title is title free from reasonable doubt — meaning a reasonably prudent buyer would not refuse it out of concern about litigation or loss.
Under Tennessee's Residential Property Disclosure Act (T.C.A. § 66-5-201), a seller of residential real property must disclose known material defects to the buyer:
Answer: Before or at the time of the purchase contract signing
Tennessee's Residential Property Disclosure Act requires sellers to disclose known material defects before or at the time the buyer enters into a purchase contract.
A restrictive covenant running with the land in Tennessee requires all of the following EXCEPT:
Answer: Recording in the county clerk's office before any sale
While recording is important for notice, the traditional requirements for a covenant to run with the land are intent, touch and concern, and privity — recording alone is not one of the three classic elements.
In Tennessee, a deed must be acknowledged before a notary public or other officer to be eligible for recording, and a properly recorded deed provides:
Answer: Constructive notice to all subsequent purchasers
A properly recorded deed in Tennessee provides constructive notice to all subsequent purchasers and encumbrancers of the property, regardless of actual knowledge.
Under Tennessee law, tenancy by the entirety is available only to:
Answer: Married couples holding real property
Tennessee Code Annotated § 36-3-505 provides that married couples may hold property as tenants by the entirety, which protects the property from one spouse's individual creditors.
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