Property Disputes in Memphis, TN

Property disputes in Tennessee are common between neighbors. They even occur between companies and governments. People want to protect what is legally theirs, but sometimes the boundary lines are not clear.

Find out what you can do if you have a property dispute in Memphis, Tennessee. Discover the legal remedies and actions that can help you clear up a misunderstanding, arrange a settlement, or manage an issue involving your property.

What Is a Property Dispute?

Property disputes are legal disputes that involve real estate, including single-family homes, apartments, roads, condominiums, and ponds. Memphis, TN property disputes can involve a wide range of parties, which might include some of the following:

  • Neighbors
  • Homeowners’ association
  • Landlords and tenants
  • Family members
  • Trespassers
  • Property visitors
  • Government agencies

Any one of these people in Memphis may have to appear in front of a Tennessee trial court before a lawsuit concludes.

Common Types of Memphis, Tennessee Property Disputes

It’s important to know about common disputes to understand your circumstances. The most common property disputes often include:

  • Disputes between neighbors regarding where property lines exist
  • Disputes between landlords and tenants regarding who is at fault for damage to the property
  • Homeowners and real estate developers disagreeing over who is responsible for repairs on construction
  • People blocking their neighbor’s view via a “spite fence” or another structure specifically made to annoy their neighbor
  • Disputes between mortgage lenders and creditors over who can foreclose a property and who receives the proceeds of a sale
  • Disputes between homeowners and government agencies about whether they have a utility easement
  • Ownership disputes about who is the rightful owner of a property
  • Issues with zoning

Beyond these examples, you may find other situations in Memphis where a property dispute occurs. In general, if you own land, you have to constantly watch out for it and ensure that others are not using it illegally or trying to claim it as their own.

Understanding Typical Memphis, Tennessee Property Disputes

The trees or other plants on your property in Memphis can add significant value. Whether they’re boundary markers or not, timber can require legal protections. Currently, property legislation says that an individual who cuts a neighbor’s tree without permission should pay twice the damages.

On the authority of the Farm Bureau, farming contributes over $81 billion to the economy each year. It’s also typical to have disputes between growing residential areas and agricultural businesses. When a community in the Memphis area expands, it can conflict with nearby farms or ranches. But, Tennessee Code protects the right to participate in the state’s sizable agriculture industry.

Legal Process for Boundary Disputes In Memphis, Tennessee

Has someone brought a property dispute against you in Memphis, or are you starting a property dispute against someone else? If so, you need to understand the legal process you will go through. This process begins with understanding the issue at hand.

Understand the Boundary Issue

To understand the specific boundary dispute, you’ll have to do the following things:

  • Complete a land survey to locate the exact boundary of your home as outlined in the legal description of the deed. This survey will help you understand your property and how much of your land is encroached.
  • Conduct an appraisal to learn the exact market value of the piece of property that is in dispute.
  • Do a title search to find all of the documents in the chain of title of your Memphis, TN property. The title search will show if any deeds may affect your ownership.

These things will likely have happened when you purchased the home. If that’s the case, the documents you already have should suffice unless the case goes to court.

Considering their sizable role in boundary disputes, you’ll also need to take fencing into account. As a result of their importance, Tennessee Code defines fences and how they should function. Who pays for a partition and other critical considerations can become factors in a lawsuit. For example, current law says that a neighbor in Memphis should give six months’ notice before removing any portion of a fence.

Try to Find a Solution with Your Neighbor

Property dispute litigation in Memphis, Tennessee can cost a fortune, not to mention it can take a long time to settle a dispute. Therefore, it’s important to open a discussion between you and your neighbor. If you can reach an agreement and settle the dispute without going to court, you can save time and money.

Try to communicate directly with your neighbor. You can attempt sending a letter, email, making a phone call, or visiting their home if that’s a safe option.

If no progress happens and it’s clear that you and your neighbor are still on completely different pages, at this point, you should consider hiring an attorney to assist you. They can help you understand if you have legal grounds upon which to stand. If you do, then you can send a demand letter.

Sending a Demand Letter

This letter will be from your Memphis attorney to your neighbor, and it will outline the property dispute. It will give your neighbor the option to respond via a requested action, or it will provide a reasonable price for settling the dispute out of court.

Your neighbor will likely forward this letter to their attorney to better understand the boundary dispute. From there, the attorneys on both sides will decide the best course of action moving forward.

Going to Court or Reaching a Settlement

Typically, the best option for both sides is to settle the dispute out of court to avoid costly litigation fees. But if your negotiations are going nowhere, it might be necessary to file the dispute with the court. The court will then look closely at the evidence presented and determine who owns the Memphis, TN property in question. Keep in mind the court’s decision is legally binding. You may not agree with it, or it may not be exactly the result you wanted to see. That is why it’s typically in your best interest to settle.

Without a settlement, Memphis residents have to accept a decision from the Shelby County Circuit Court.

Work With an Experienced Local Property Dispute Lawyer In Memphis, Tennessee

When it comes to property disputes, you should work with an experienced property dispute lawyer. Whether you’re filing a property dispute against your neighbor or you are defending a dispute brought against you, you’ll need a lawyer that understands Memphis property law on your side. An experienced lawyer can help you settle before taking the dispute to court, which will save you both time and money. We can even help you connect with an attorney across Tennessee state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an attorney in your area!

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