Property Disputes in Nashville, 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 Nashville, 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. Nashville, 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

Depending on the type of case and amount of damages sought, multiple courts may have jurisdiction over your Nashville property dispute. Your attorney can help you determine whether the Davidson County Circuit Court, the Metropolitan General Sessions Court, or the Chancery Court is the best venue.

Common Types of Nashville, 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 Nashville 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 Nashville, Tennessee Property Disputes

Trees that grow on a neighboring property can often be the source of a dispute. Under common law rules, if the branches of the tree overhang your Nashville property, you can trim them up to the property line. In addition, the Tennessee Supreme Court allows nuisance lawsuits for tree encroachment in some situations. However, to qualify as a nuisance, the tree must cause actual harm or imminent danger of harm to your property. Furthermore, the Nashville Tree Ordinance prohibits cutting certain trees on both public and private property.

Another potential source of Nashville property disputes is agricultural activities. As in all states, Tennessee’s Right to Farm Act protects farms and related operations from many nuisance lawsuits. However, Tennessee’s laws are even broader than most. For example, the laws protect marketing activities on a farm, such as concerts and festivals. A Nashville court will presume that the agricultural or related activity is not a nuisance. To overcome this presumption, you must show a lack of compliance with generally accepted agricultural practices or active violation of applicable laws.

Legal Process for Boundary Disputes In Nashville, Tennessee

Has someone brought a property dispute against you in Nashville, 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 Nashville, 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.

Under Tennessee law, any fence that divides two Nashville properties is a Partition Fence. In most cases, the property owners are jointly responsible for the costs of construction and maintenance. However, there is an exception if one side of the fence is agricultural land, and the other is not. In that case, the non-agricultural landowner can disclaim responsibility for the fence. In addition, the Nashville Municipal Code sets parameters for the composition, size, and location of fences in the city.

Try to Find a Solution with Your Neighbor

Property dispute litigation in Nashville, 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 Nashville 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 Nashville, 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.

The Davidson County Circuit Court, the Metropolitan General Sessions Court, and the Chancery Court all handle property disputes in Nashville.

Work With an Experienced Local Property Dispute Lawyer In Nashville, 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 Nashville 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!