TN Bar Tennessee Property Law 1 — Questions and Answers
Question 1: 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:
- 21 years
- 90 years (Correct answer)
- 100 years
- Lives in being plus 21 years only
Correct 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.
Question 2: Under Tennessee law, a joint tenancy with right of survivorship can be created only if the deed expressly states:
- 'To A and B jointly'
- 'To A and B as joint tenants with right of survivorship and not as tenants in common' (Correct answer)
- 'To A and B in equal shares'
- 'To A and B as co-owners'
Correct 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.
Question 3: In Tennessee, adverse possession requires possession that is actual, open, notorious, continuous, exclusive, and hostile for a period of:
- 5 years
- 7 years
- 10 years (Correct answer)
- 20 years
Correct 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.
Question 4: Tennessee's recording act is best characterized as a:
- Race statute
- Notice statute
- Race-notice statute (Correct answer)
- Pure possession statute
Correct 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.
Question 5: 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?
- 14 days
- 21 days
- 30 days (Correct answer)
- 45 days
Correct 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.
Question 6: Tennessee's Uniform Residential Landlord and Tenant Act (URLTA) applies in counties with a population of at least:
- 25,000
- 50,000 (Correct answer)
- 75,000
- 100,000
Correct 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.
TN Bar Tennessee Property Law 1
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: