By getting information from the county registry and reviewing the title deed, you should have an idea of where your property line ends. But even if you have access to such information, it is sometimes quite vague about the exact boundaries of the property. In this case, it is in your best interest to hire a professional land surveyor to determine the corners and lines of the plot and provide you with a platform (drawing of your property). Property boundaries are often identified above ground using piles to mark peaks. Years ago, wooden piles were often used to mark property boundaries. More recently, long metal poles have been used, visible about 1 to 2 feet above the ground. Access high-quality Tennessee Demarcation Line Agreement forms online with US Legal Forms. Avoid days when you have misused the time to search the Internet and lose money on forms that are not updated. US Legal Forms offers you a solution for this. Get more than 85,000 country-specific authorized and tax forms that you can save and fill out with just a few clicks in the forms library.
As a homeowner, you have the right to control the land under your feet and the airspace above your land. This means that if a neighbor`s tree hangs over your property, you can cut it at the property boundary at your own expense. Tennessee courts have ruled that no landowner has a cause of action when branches of a neighbor`s healthy tree hang over their land. Be careful not to invade the neighboring property to prune it, place the remains of trees on the neighbor`s property, or cut beyond your property line. Sometimes there may be disputes over the property line between neighbors. This is usually because both parties think they are entitled to a piece of land. A border dispute usually begins when a neighbor places a physical object, such as a wall or fence, on property that the other neighbor thinks belongs to them. You can now open the sample Tennessee Demarcation Line Agreement and fill it out online or print it out and do it yourself.
Consider handing over the document to your legal counsel to make sure things are completed correctly. If you make a mistake, print the sample and fill it out again (once you create an account, all uploaded documents are reusable). Create your US Legal Forms account now and access many other forms. Tennessee`s landscape is characterized by thousands of miles of fencing. For urban and rural owners, these fences are a symbol of ownership. Each of these fences is also a potential source of conflict for neighbors whose ownership is separated. Common points of conflict are the location, construction and joint maintenance of a fence. If you disagree with a neighbor, this review of Tennessee`s Property Line and Fence Act can help you find a solution. In Tennessee, here`s the order of priority a court uses to determine a border: If you`re involved in a border dispute, it`s important to find a solution before emotions and legal fees spiral out of control. An experienced real estate lawyer can help you evaluate your legal options and develop a strategy to resolve the issue. Enjoy your home again and contact a local lawyer today about your property related issue for a free initial review of your claim. With so many miles of fence in Tennessee, lawmakers were aware that disagreements were inevitable.
For example, the State provides for an alternative dispute resolution procedure to save landowners the time and cost of litigation. Now, if neighbors can`t agree on how much to pay for building or repairing a separation fence, either party can file an application with a session general court judge to help resolve the issue. The judge will ask three altruistic “free owners” to inspect the fence and determine the amount to be paid for the building or the owner`s repair. If all else fails, you have no choice but to go to court. In this case, you will need a legal expert to substantiate your claims. The legal appraiser conducts a real estate investigation, conducts a thorough analysis of land deeds and records, and verifies the physical characteristics of the property. They will then testify in court where they believe the property line is. In addition to an agreement between adjacent landowners on the other side of a demarcation line, disputed property could be considered the property of one of the landowners (say landowner B) due to the doctrine of unfavorable ownership. This may also be the case if the court concludes that the relevant documents indicate that the property would otherwise belong to Landowner A.
In Tennessee, adjacent landowners sometimes find themselves in border disputes in court. There are several reasons why border disputes arise, including: inaccurate descriptions in the documents; conflicts between descriptions in registered plates and deeds to owners of subdivision plots; fences that have been in existence for years but do not match the descriptions of the deed; and overlapping documents (p.B if there is not enough land to meet the deed descriptions for two adjacent parcels that were formerly part of the same territory). The primary structure may need to be 10 feet from the sideline and secondary or outbuildings may be within 5 feet. In some areas, there are restrictions on how close your ride is to the property line where others don`t care. Most areas do not limit the proximity of the fence to your line. What for? This is because the law naturally assumes that the person who transferred the land actually inspected the property before preparing the deed describing the property. A glance at the property, for example, may not reveal an arch in a fence line that occurs between two artificial marks such as pens. Sometimes licensed surveyors hired by each party to a border dispute have different opinions about the owner of the disputed property.
This can happen, for example, because one surveyor draws a dividing line from an existing fence post, while the other draws a boundary from an iron pin in the ground. For an interesting and informative Tennessee demarcation line dispute over an act overlap, take a look at Hodge v. Cornelison. For an informative case dealing with a situation where there was a conflict in investigations and an investigation was based on a registered subdivision platform, see the Tennessee Court of Appeals decision in Thornburg v. Jagen. Determine the property by occupancy if the fence is between or just on the property boundary. Anyone who uses the property up to the fence is considered the owner. If you have grass and you mow the area directly against the fence, but your neighbor grows the weeds on the side, you own the fence by occupation. How do Tennessee courts resolve border disputes? Most, if not all, boundary disputes require the courts to consider the written documents and testimony of surveyors. The primary purpose of a Tennessee court in any border dispute is to determine from each party`s deed exactly which land the grantor intended to transfer to that party.
It sounds simple enough, but it`s not because the documents are often inaccurate or incompatible with other documents, existing border marks, dishes, or earlier documents that relate to the same property. Sometimes the best way to deal with a border dispute is to avoid it in the first place. If you plan to build any type of structure on your property that could even cross the demarcation line, it is advisable to obtain a survey from a certified professional before starting construction. If you are in the middle of a border dispute or simply need a real estate survey, call the professionals at Global Surveying. We are local surveyors with global expertise serving All 95 counties in Tennessee. Contact us today and we will arrange a consultation to discuss how we can help your unique situation. Usually, you don`t know the exact boundaries of your property. You may have a general idea, but it is difficult to determine the exact line between your property and the adjacent one. This can sometimes lead to big problems between neighbors. This table provides a summary of Tennessee`s key laws relating to disputes over property lines and fences.
Even if a Tennessee court could otherwise settle a boundary dispute in favor of Landowner A instead of Landowner B based on descriptions of deeds and/or the testimony of a surveyor, Landowner B could still be declared the rightful owner of the disputed land. What for? If adjacent Tennessee landowners agree, even verbally, on a demarcation line, the agreed demarcation line may well become the legally accepted demarcation line. .
