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
Tennessee's eminent domain statutes require the government to pay 'just compensation,' which Tennessee courts define as:
Answer: The fair market value of the property at the time of the taking
Tennessee defines just compensation as the fair market value of the property — what a willing buyer would pay a willing seller — at the time of the taking.
Under Tennessee law, a prescriptive easement is established by use that is:
Answer: Adverse, open, notorious, and continuous for 20 years
Tennessee requires adverse, open, notorious, and continuous use for 20 years to establish a prescriptive easement, similar to but distinct from the adverse possession period.
In Tennessee, a landlord's right to distrain (seize) a tenant's property for unpaid rent is:
Answer: Abolished and replaced by statutory unlawful detainer proceedings
Tennessee has abolished common-law distress for rent and replaced it with statutory unlawful detainer and detainer warrant proceedings through the court system.
Under the Tennessee Condominium Act (T.C.A. § 66-27-101 et seq.), each condominium unit owner holds:
Answer: A fee simple interest in their unit plus an undivided interest in common elements
Tennessee's Condominium Act provides that each unit owner holds a fee simple interest in their individual unit together with an undivided percentage interest in the common elements.
Tennessee's Marketable Record Title Act (T.C.A. § 66-3-101) extinguishes interests that are not re-recorded within:
Answer: 30 years
Tennessee's Marketable Record Title Act extinguishes interests that have not been re-recorded within 40 years of the root of title, simplifying title searches.
Under Tennessee law, a seller who fails to disclose a known material defect under the Residential Property Disclosure Act may face liability for:
Answer: Fraud, misrepresentation, or rescission of the contract
A Tennessee seller who fails to disclose known material defects may face claims for fraud, misrepresentation, or rescission of the purchase contract, plus potential damages.
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