TN Bar Tennessee Property Law 2 — Questions and Answers
Question 1: In Tennessee, a mechanic's lien must generally be filed within how many days after the last day of furnishing labor or materials?
- 30 days
- 60 days
- 90 days (Correct answer)
- 120 days
Correct 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.
Question 2: Tennessee's marketable title is defined as title that is free from:
- Any easements of record
- Reasonable doubt as to its validity, which would cause a reasonably prudent buyer to refuse it (Correct answer)
- Any mortgage ever recorded
- All prior conveyances
Correct 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.
Question 3: 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:
- Only if the buyer's agent requests the disclosure
- Before or at the time of the purchase contract signing (Correct answer)
- Within 3 days after contract execution
- Only upon request at closing
Correct 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.
Question 4: A restrictive covenant running with the land in Tennessee requires all of the following EXCEPT:
- Intent to run with the land
- Touch and concern the land
- Privity of estate
- Recording in the county clerk's office before any sale (Correct answer)
Correct 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.
Question 5: 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:
- Actual notice to all persons
- Constructive notice to all subsequent purchasers (Correct answer)
- Inquiry notice only to adjoining landowners
- Notice only to parties named in the deed
Correct 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.
Question 6: Under Tennessee law, tenancy by the entirety is available only to:
- Any two co-owners of real property
- Married couples holding real property (Correct answer)
- Business partners who jointly own commercial property
- Joint tenants who elect survivorship
Correct 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.
TN Bar Tennessee Property Law 2
In Tennessee, a mechanic's lien must generally be filed within how many days after the last day of furnishing labor or materials?