Tennessee property laws deal primarily with the ownership of land. Tennessee real property law education and training should include recognition of the most important classifications of real property. These include concurrent estates, freehold estates and non-freehold estates.

Real property law in Tennessee generally allows the state exclusive jurisdiction over the land within its borders. These laws are not subject to federal law for the most part. There are three phases to an attorney’s education on real property laws in Tennessee:

1. Formal education. An attorney who practices real estate laws in TN should at least have a Juris Doctor (J.D.) degree. The J.D. degree should come from a law school that is accredited by the American Bar Association (ABA).
2. Specialization. Attorneys frequently choose to specialize by taking specific training in real property law in Tennessee. These courses may be taken as a program of concentration in law school or as Continuing Legal Education (CLE).
3. Membership in professional organizations. There are many legal organizations for attorneys who practice real property law. These may be bar associations, organizations for a particular cause or groups exclusively for practicing real estate attorneys.
   

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Attend a law school that specializes in real estate law in TN

There are a variety of universities in Tennessee that provide training in real property law, such as specific coursework, a formal concentration or legal clinics.

I recommend: The Nashville School of Law teaches property law to its second year students. The University of Memphis Cecil C. Humphreys School of Law includes real estate law as a specialized area of study.

Obtain CLE credit for an attorney who practices property law in Tennessee

Tennessee requires attorneys to stay current on changes in employment law with CLE courses. There are a variety of education and training programs in Tennessee that provide CLE credit in real property law.

I recommend: The Tennessee Bar Association provides a catalog of CLE courses in Tennessee, including those on property law. Lorman Education Services offers courses on property law that carry CLE credit in Tennessee, such as Foreclosure and Repossession.

Learn through professional training associations for attorneys who practice real estate law in TN

Professional associations frequently offer formal training such as conferences, seminars and workshops in employment and labor law. These organizations also provide more casual meetings that allow attorneys to exchange tips on building and maintaining a practice.

I recommend: The Knoxville Bar Association provides training in real property law, such as "Changes and updates in Real Estate Law that every practitioner needs to know". The Memphis Bar Association holds scheduled events on a variety of topics, such as real estate law.

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• •  A lawyer who practices real estate laws in Tennessee may also wish to specialize in a particular type of real property to provide better service for their clients. For example, an attorney may learn about the specific property laws on farming in order to build a practice around agricultural property.

Tennessee real estate laws can be confusing to those who are purchasing commercial property for the first time. Most business owners choose to hire a lawyer that specializes in property law in Tennessee to help them wade through the paperwork.

Tennessee real property laws can affect business owners in a variety of ways. For example, the laws regulate the amount of insurance you must purchase or the types of business activities that you can do on a particular property. For these reasons, it's important to hire a lawyer before you initiate any major transactions.

If you are concerned about the cost of hiring a lawyer with experience in Tennessee property laws:

1. Learn what you can about real estate laws in Tennessee. There may be some things that you can do without a lawyer. You can save money by only using a lawyer when necessary.

2. Decide whether you should pay a lawyer on a per-hour or a retainer basis. If you only have a few Tennessee property law issues you need your lawyer to take care of, a per-hour rate is probably best.

3. Explain your budget limitations to your lawyer. They will find ways to work with you.

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Take the time to learn about real estate laws in TN

Many business owners find that when they have a solid grasp of the Tennessee real property law, they feel more confident that they are doing the right thing. It's important that you learn as much as you can.

I recommend: The Tennessee Real Estate Commission is the authority on Tennessee real estate law. They offer several downloadable forms that can help you get business done without a lawyer.

Find a lawyer with experience in real estate law in TN to help you

There's no doubt that having a lawyer on your side is helpful, particularly when completing large transactions. Whenever possible, you want to make sure that people will not take legal action against you and a good lawyer will help make this possible.

I recommend: You can search for a real estate lawyer in Tennessee through either Lawinfo.com or the Tennessee Bar Association. Make sure that you choose a lawyer that also has experience in your industry.

Choose a tax lawyer that understands Tennessee real property law

As a business owner with property, taxes become much more complicated. A good tax lawyer will make all of this information easy to understand. They should also let you know whether you qualify for any tax discounts as a property owner.

I recommend: BusinessTaxRecovery.com provides a list of tax attorneys in Tennessee. You can also contact a lawyer through TennesseeTaxAttorney.com.

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• •  Real property law in Tennessee also dictate the minimum level of insurance you must have as a property-owner. Make sure you understand the requirements and purchase the amount necessary to protect yourself against losses.

Tennessee real property law outlines the policies and procedures that must be followed, whether it's a business or residential property being sold. From the way a property is listed, through the closing process, Tennessee real property law is the authority on real estate transactions in the state.

Take the time to learn some of the key terms associated with Tennessee real property law. This will help you understand the rights you hold as an owner of your business or residential property. Here are a few of those terms along with some helpful resources to help get you started.

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Eminent domain

Eminent domain refers to a law that allows the federal or state government to claim a property owned by a private property in order to help advance the public interest. For instance, eminent domain may be used to claim a property that is then used to expand a major roadway. The government must fairly compensate the private property owner for their property loss.

I recommend: Visit the website for Butler, Vines and Babb for additional information regarding eminent domain and how it operates within the state of Tennessee.

Writ of possession

A writ of possession refers to a court order that allows a sheriff or appointed court officer to enter a premises or property and return it to the owner according to the judgment by the court.

I recommend: Visit the official website for Tennessee court for additional information and a downloadable version of a writ of possession legal form.

Assessment

An assessment refers to a special charge or fee that is levied upon a property owner for improvements that will enhance the property value. For instance, a local government may charge an assessment to repair a sidewalk in front of a place of business. The assessment would be paid by the businesses that have direct access to that sidewalk.

I recommend: Visit the website for the Bradley Law Firm for additional information on assessments and how they operate under Tennessee law.

Title insurance

Title insurance refers to a form of protection that is purchased, guaranteeing a clean title during a real estate transaction. The title insurance protects a potential buyer of property from any costs associated with a claim made to the property by another party. The title opinion is a point of view written by an attorney on how clean they feel the chain of title is for a given property.

I recommend: Check out the website for The Hurley Law Firm for additional information on title insurance and title opinions and how they operate within the state of Tennessee.

RESPA, Real Estate Settlement Procedures Act

The Real Estate Settlement Procedures Act is a series of laws that were put in place to provide disclosures to both buyers and sellers of properties about various transaction fees involved. It is also meant to prohibit kickbacks between different vendors in the real estate process.

I recommend: Visit the website for Accent Realty Group for additional information about RESPA and how it interacts with real estate law within the state of Tennessee.

Basis of property

The basis of property, in terms of Tennessee real property law, refers to the gain or loss resulting from a real estate transaction. The gain or loss is then used to determine the tax liability of the parties involved.

I recommend: Visit the website for the Windsor Law Firm for additional information about how the basis of property is calculated and how it coincides with Tennessee real property law.

Attorneys in Tennessee have a strong motivation to stay informed on Tennessee real property law news and trends. Attorneys must keep track of the latest rulings in cases involving Tennessee real property law. The state may alter its procedures at any time, which may change the way real property attorneys do their jobs. Attorneys also may want to know what the general public is saying about real property law, in order to correct any misconceptions their clients may have.

The best sources of information on news and trends for Tennessee property laws may be grouped into the following three categories:

1. State websites on business real property laws in Tennessee. These sites are the best source of official procedures or court rulings on Tennessee real property law.
2. Independent sources of news on Tennessee real property laws, such as blogs, magazines and newspapers. These sources are the most likely to provide news and opinions on real property law that do not rely on any particular business or lobby group.
3. Legal professionals. Real property attorneys may be able to provide inside news and information on real property law.
   

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Review state websites to get official news and information on Tennessee real estate law

Tennessee government websites are the best places to get the latest news about Tennessee real property law. A Tennessee government website also may publish the state statutes to help attorneys stay informed of the latest legislation that relates to Tennessee real property law.

I recommend: The Tennessee Department of Commerce and Insurance provides regular announcements on real property news in Tennessee. The State of Tennessee Comptroller of the Treasury offers the latest assessment data on real property in Tennessee.

Study independent sources of news and trends on Tennessee property law

Universities, law libraries and news outlets frequently report on recent court cases and legislative updates on Tennessee real property law. Attorneys also may keep blogs or journals on real property law in Tennessee.

I recommend: The Nashville Business Journal has a recent article about attorneys that practice real property law in Tennessee. Dan Berexa's Tennessee Law Blog provides a recent post on the use of the Internet in the practice of real property law in Tennessee.

Get inside news on Tennessee real property law from property attorneys

A real property lawyer in Tennessee frequently has information on Tennessee law that is unavailable elsewhere. Real property attorneys may publish newsletters or full length articles on a particular aspect of real property law in Tennessee.

I recommend: Kizer & Black provides a current overview on Tennessee real property law. H3GM is based in Nashville and provides regular articles on real property law in Tennessee.

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• •  Tennessee real property laws are specified in Title 11 of the United States Code and are typically identified by the relevant chapter. For example, a Chapter 7 real property is a basic liquidation of individual assets and comprises the majority of bankruptcies for individuals. The second most common real property for individuals is a Chapter 13 real property, which is designed for individuals with a source of income who can make regular payments.