Tennessee Property Law Flashcards

Tennessee abolished the common-law Rule Against Perpetuities and replaced it with the Uniform Statutory Rule Against Perpetuities, which provides a wait-and-see period of:

Answer: 90 years

Tennessee adopted the Uniform Statutory Rule Against Perpetuities under T.C.A. § 66-1-202, providing a 90-year wait-and-see period for contingent interests.

Under Tennessee law, a joint tenancy with right of survivorship can be created only if the deed expressly states:

Answer: 'To A and B as joint tenants with right of survivorship and not as tenants in common'

Tennessee Code Annotated § 66-1-115 requires that a deed expressly state 'joint tenants with right of survivorship and not as tenants in common' to create a joint tenancy.

In Tennessee, adverse possession requires possession that is actual, open, notorious, continuous, exclusive, and hostile for a period of:

Answer: 10 years

Tennessee's adverse possession statute under T.C.A. § 28-2-101 requires 7 years of continuous, open, notorious, exclusive, and adverse possession under color of title.

Tennessee's recording act is best characterized as a:

Answer: Race-notice statute

Tennessee follows a race-notice recording system under T.C.A. § 66-26-103, meaning a subsequent bona fide purchaser must both record first and take without notice of prior interests.

Under Tennessee landlord-tenant law, a residential landlord must return a security deposit or provide an itemized written statement of deductions within how many days of a tenant's vacation?

Answer: 30 days

Tennessee Code Annotated § 66-28-301 requires a residential landlord to return the security deposit or provide an itemized written statement within 30 days after the tenant vacates.

Tennessee's Uniform Residential Landlord and Tenant Act (URLTA) applies in counties with a population of at least:

Answer: 50,000

Tennessee's URLTA under T.C.A. § 66-28-101 applies automatically in counties with a population of 75,000 or more, though smaller counties may opt in.