what are the squatter laws in tennessee

3 min read 23-12-2024

Tennessee's laws regarding squatters, or adverse possession, are complex and require a thorough understanding of specific legal requirements. This article provides an overview, but it's crucial to consult with a legal professional for advice specific to your situation. Ignoring the precise legal requirements can jeopardize your claim.

Understanding Adverse Possession in Tennessee

Adverse possession, often colloquially referred to as "squatter's rights," allows someone to claim ownership of another person's land under specific circumstances. It's not a simple matter of just occupying the property; Tennessee law sets a high bar. Successfully claiming land through adverse possession requires demonstrating all the following elements:

Key Elements of Adverse Possession in Tennessee

Actual Possession: The claimant must physically occupy the property. This means more than just occasionally visiting; it requires continuous, open, and notorious use consistent with ownership. Think living on the property, farming it, or making significant improvements.
Exclusive Possession: The claimant's possession must be exclusive, meaning they are the only one claiming ownership and controlling the property. Sharing it with others weakens the claim.
Hostile Possession: The possession must be hostile or adverse to the true owner's rights. This doesn't necessarily mean an antagonistic relationship; it simply means the claimant is possessing the property without the owner's permission. It must be an act of possession, and not merely tolerated use.
Open and Notorious Possession: The possession must be open and notorious, meaning visible to the true owner. The owner should reasonably be aware that someone is claiming possession of their land. Secret use won’t meet this requirement.
Continuous Possession: The possession must be continuous and uninterrupted for a period of seven years. This doesn't necessarily mean 24/7 occupancy; seasonal use is still possible provided it's consistent with the type of property.
Payment of Property Taxes: The claimant must pay all property taxes assessed against the land for at least seven years. This is a significant hurdle, and proof of payment is essential.

How Long Does Adverse Possession Take in Tennessee?

Tennessee law requires continuous adverse possession for at least seven years. This period must meet all the elements described above; failing even one requirement will prevent a successful claim. Simply occupying a property for seven years is insufficient.

What Constitutes "Continuous Possession"?

"Continuous possession" doesn't imply constant, uninterrupted physical presence. However, the use must be consistent with the nature of the property. For example, seasonal use of a hunting cabin might suffice, while sporadic visits to a vacant lot would not. The use must be regular and reasonably consistent with an owner's use.

What are the Exceptions to Adverse Possession?

There are several situations that may prevent someone from successfully claiming adverse possession, including:

Permission from the owner: If the owner gave permission for the occupancy, the possession is not hostile.
Government-owned land: Adverse possession claims typically don't apply to government-owned property.
Property with clear boundaries: Clearly marked property lines make it harder to establish open and notorious possession.

Can I Stop Someone from Adversely Possessing My Property?

Yes. Regularly inspecting your property, taking action against trespassers, and promptly addressing any unauthorized use are crucial. Documenting any evidence of unauthorized use—such as photographs or videos—can strengthen your legal position. Consulting with a real estate lawyer is highly recommended.

Seeking Legal Advice

The information provided here is for informational purposes only and does not constitute legal advice. The laws surrounding adverse possession are complex, and the specifics of each case are critical. It's crucial to consult with a qualified Tennessee attorney specializing in real estate law to discuss your specific circumstances and determine the best course of action. They can analyze your situation and advise you on your legal rights and options. Don't rely on incomplete or inaccurate information; get professional legal help.