TN Bar Tennessee Property Law 2

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?

Accepted Answer

90 days

Answer

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:

Accepted Answer

Reasonable doubt as to its validity, which would cause a reasonably prudent buyer to refuse it

Answer

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:

Accepted Answer

Before or at the time of the purchase contract signing

Answer

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:

Accepted Answer

Recording in the county clerk's office before any sale

Answer

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:

Accepted Answer

Constructive notice to all subsequent purchasers

Answer

A properly recorded deed in Tennessee provides constructive notice to all subsequent purchasers and encumbrancers of the property, regardless of actual knowledge.

TN Bar - Tennessee Bar Exam Practice Test

TN Bar - Tennessee Bar Exam Practice Test

TN Bar Tennessee Property Law 2