Tennessee's Adverse Possession Statute Essay Example
Tennessee's Adverse Possession Statute
Jean Harshman-Beasley
PA 300
October 23, 2012
Professor D. Arden
Tennessee's Adverse Possession Statute
Tennessee Adverse Possession Statute:
Credits: 1819, Tenn. Pub. Acts, c. 28, § 1 , 1895, Tenn. Pub. Acts, c. 38, § 1,
Formerly: 1858, Tenn. Pub. Acts § 2763, 2 Tenn. L. Rev. 147 (1923-1924), 1932 Tenn. Pub. Acts, § 8582; § 28-201
Recent: Tenn. Code Ann. § 28-2-101 (West, 2006),
(a) Any person having had, either personally or through those whom that person's claim arises, individually or through whom a person claims, seven (7) years' adverse possession of any lands, tenements, or hereditaments, granted by this state or the state of North Carolina, holding by conveyance, devise, grant, or other assurance of title, purporting to convey an estate in fee, without any claim by action at law or in equity commenced within that time and effectually prosecuted against such person, is vested with a good and indefeasible title in fee to the land described in such person's assurance of title.
(b) No title shall be vested by virtue of such adverse possession, unless such conveyance, devise, grant, or other assurance of title shall have been recorded in the register's office for the county or counties in which the land lies during the full term of said seven (7) years' adverse possession. (Tennessee legislation, 2012)
Case: Underwood Repair Service, Inc. v. Dean, Not Reported in S.W.3d, 2008 WL 2466270
(Tenn.Ct.App., 2008). In this case the following facts were argued: The dispute arose over a strip of land located on the northern side of Underwood Repair Service's property Lot 1 and the southern side of the Deans' property Lot 2. Underwood Repair Service asserted that it owned the disputed strip of land in fee simple, or, in the alternative, through adverse possession. The Deans filed a motion to dismiss both claims, and the trial court granted the motion to dismiss the adverse possession claim, finding
Jean Harshman-Beasley
PA 300
October 23, 2012
Professor D. Arden
Tennessee's Adverse Possession Statute
Tennessee Adverse Possession Statute:
Credits: 1819, Tenn. Pub. Acts, c. 28, § 1 , 1895, Tenn. Pub. Acts, c. 38, § 1,
Formerly: 1858, Tenn. Pub. Acts § 2763, 2 Tenn. L. Rev. 147 (1923-1924), 1932 Tenn. Pub. Acts, § 8582; § 28-201
Recent: Tenn. Code Ann. § 28-2-101 (West, 2006),
(a) Any person having had, either personally or through those whom that person's claim arises, individually or through whom a person claims, seven (7) years' adverse possession of any lands, tenements, or hereditaments, granted by this state or the state of North Carolina, holding by conveyance, devise, grant, or other assurance of title, purporting to convey an estate in fee, without any claim by action at law or in equity commenced within that time and effectually prosecuted against such person, is vested with a good and indefeasible title in fee to the land described in such person's assurance of title.
(b) No title shall be vested by virtue of such adverse possession, unless such conveyance, devise, grant, or other assurance of title shall have been recorded in the register's office for the county or counties in which the land lies during the full term of said seven (7) years' adverse possession. (Tennessee legislation, 2012)
Case: Underwood Repair Service, Inc. v. Dean, Not Reported in S.W.3d, 2008 WL 2466270
(Tenn.Ct.App., 2008). In this case the following facts were argued: The dispute arose over a strip of land located on the northern side of Underwood Repair Service's property Lot 1 and the southern side of the Deans' property Lot 2. Underwood Repair Service asserted that it owned the disputed strip of land in fee simple, or, in the alternative, through adverse possession. The Deans filed a motion to dismiss both claims, and the trial court granted the motion to dismiss the adverse possession claim, finding