Title 66, Property

(a) (1) An occupant's tenancy may be terminated where the premises or the area immediately surrounding the premises is knowingly used or occupied in whole or in part to violate § 39-13-513, § 39-13-515 or § 39-17-417.(2) The identity of any person who provides evidence or other i…

(a) At the request of a prospective tenant, the owner of commercial or industrial real property where the commercial property space is one thousand five hundred square feet (1,500 sq. ft.) or less, and the industrial real property is five thousand square feet (5,000 sq. ft.) or l…

(a) (1) Except as provided in this section, fourteen (14) days' notice by a landlord shall be sufficient notice of termination of tenancy for the purpose of eviction of a residential tenant, if the termination of tenancy is for one of the following reasons:(A) Tenant neglect or r…

A person with a physical disability shall be permitted to terminate a rental lease relative to such person's primary residence without incurring penalties or being obligated to pay rent after ceasing to occupy the property if such person is accepted as a resident of a public hous…

(a) As used in this section:(1) “Disability” means:(A) A physical or mental impairment that substantially limits one (1) or more major life activities;(B) A record of an impairment described in subdivision (a)(1)(A); or(C) Being regarded as having an impairment described in subdi…

(a) As used in this section:(1) “Domestic abuse victim” has the same meaning as defined in § 36-3- 601;(2) “Household member” means a member of the tenant's family who lives in the same household as the tenant;(3) “Sexual assault victim” has the same meaning as defined in § 36-3-…

(a) A landlord shall not prohibit lawful possession, carrying, transportation, or storage of a firearm, any part of a firearm, or firearm ammunition by a residential tenant:(1) Within the residential tenant's leased residential premises;(2) In a vehicle located in the parking are…

(1) Real estate sold for debt shall be redeemable at any time within two (2) years after such sale:(1) Where it is sold under execution;(2) Where it is sold under any decree, judgment, or order of a court of chancery, whether founded upon a foreclosure of a mortgage, or deed of t…

Real estate sold for debt and made redeemable shall continue redeemable to the debtor and the debtor's creditors for two (2) years after the sale, upon the terms set forth in this chapter, no matter how often it had been previously redeemed.

The right of redemption does not extend to any sale under and by virtue of a power contained in any deed of trust, mortgage, or other instrument, whereby the right is waived or surrendered by such mortgage or conveyance.

No person holding the temporary title to real estate, subject to redemption, shall use more of the wood growing thereon than the timber required to keep the improvements in good repair, and firewood necessary for those occupying the same; nor shall that person destroy or remove f…

The person having the right to redeem such real estate may file a bill in chancery for an injunction to restrain waste; and, after redemption, may recover damages occasioned by such waste.

Any debtor whose interest in real estate has been so sold, and is subject to redemption, may redeem the interest by paying to the purchaser, or to anyone claiming under the purchaser, the amount bid or paid by the purchaser, with interest thereon at the current composite prime ra…

If the purchaser is a bona fide creditor by judgment, decree, or debt acknowledged by deed, and, within twenty (20) days after the sale, the purchaser makes an advance on the purchaser's bid, and credits the purchaser's debt by depositing a receipt therefor with the clerk of the …

A bona fide creditor, who redeems from the purchaser at the sale, shall hold the property subject to redemption by the original debtor, or any other of the original debtor's creditors, upon the same terms on which it was redeemable in the hands of the first purchaser or any perso…

When any such creditor has redeemed land from the original purchaser, or from one who has previously redeemed, that creditor may, within twenty (20) days after such redemption, advance upon the bid any sum to the extent of that creditor's debt or debts, just as if such creditor h…

The person proposing to redeem shall always pay, or tender, to the holder of the land, the amount of money lawfully paid by the holder, with interest thereon, at the current composite prime rate as published by the federal reserve board as of the date of purchase per annum; and, …

In no case shall the holder or claimant of the property increase such holder's or claimant's bid against the debtor, or any bona fide creditor offering to redeem the real estate, except as provided in § 66-8-110.

The debtor, permitted by the purchaser to remain in possession, shall not be liable for rent from the date of the sale to the time of the redemption; and if the purchaser or the purchaser's assignee takes possession under the purchase, upon redemption by the debtor, the debtor sh…

(a) Where the purchaser is absent from the purchaser's usual place of residence, so that personal tender to the purchaser is prevented, or resides out of the county where the land lies, the debtor, or party entitled to redeem, may pay the redemption money to the clerk of the circ…

(a) If the purchaser, or the purchaser's vendee, fails or refuses to reconvey to such party entitled and offering to redeem, as set forth in this chapter, such party so paying or tendering payment shall have the right to file in the chancery court a bill to enforce the purchaser'…

(1) As used in this part, unless the context otherwise requires:(1) “Historically significant” means any structure more than fifty (50) years old; and(2) “Preservation restriction” means a right, whether or not stated in the form of a restriction, easement, covenant or condition,…

No preservation restriction held by any governmental body or by any nonprofit corporation or trust not for profit shall be unenforceable because of lack of privity of estate or contract, or lack of benefit to particular land, or assignability of the benefit.

A preservation restriction may be enforced by injunction or other proceeding in equity, and shall entitle representatives of the holder of such restriction to enter the land in a reasonable manner and at reasonable times to assure compliance. Nothing in this section shall prevent…

This part shall be known and may be cited as the “Solar Access Law of 1979.”

The general assembly finds that the use of solar energy can help reduce reliance on depletable energy resources such as oil, natural gas and coal, and that solar energy development should, therefore, be encouraged. Further, that as the use of solar energy systems increases, the p…

As used in this part, “solar energy system” means any device, mechanism, structure, apparatus, or part thereof, whose primary purpose is to collect solar energy and convert and store it for useful purposes including heating and cooling buildings or other energy saving processes, …

(a) Any instrument creating a solar easement shall include, but the contents need not be limited to:(1) A description of the real property subject to the solar easement and a description of the real property benefiting from the solar easement;(2) The vertical and horizontal angle…

A solar easement shall be presumed to run with the land or lands benefited and burdened, unless the parties to the easement provide otherwise in writing, and shall be deemed to pass with the property when title is transferred unless stated to the contrary in § 66-9-204(a)(3). Any…

Any easement obtained pursuant to this part shall be in writing and shall be recorded with the register of deeds in the county in which the land is situated.

(a) As used in this section, unless the context otherwise requires:(1) “Decommissioning cost” means the estimated cost of performing the removal and restoration obligations set forth in subsection (c), less the estimated salvage value of the components of the solar power facility…

(1) The office of energy programs of the department of environment and conservation shall expand and maintain its existing website with additional guidance and resources regarding:(1) Utility scale solar for local governments, landowners, developers, and the public; and(2) Reside…

This part shall be known as the “Conservation Easement Act of 1981.”

It is the finding of the general assembly that the protection of the state's land, water, geological, biological, historical, architectural, archaeological, cultural, and scenic resources is desirable for the purposes of maintaining and preserving the state's natural and cultural…

(1) As used in this part, unless the context otherwise requires:(1) (A) For purposes of easements granted before July 1, 2005, “conservation easement” means an easement in land or structures which:(i) Is held for the benefit of the people of this state;(ii) Is specifically enforc…

(a) A conservation easement shall remain severed from the fee unless returned by specific conveyance to the holder of the fee. (b) Conservation easements may contain public use clauses. (c) The holder of a conservation easement shall maintain the right of entry at reasonable time…

(a) In order to carry out the purposes of this part, any public body or organization may acquire and dispose of interests in land or structures or features thereon in the form of conservation easements. No conservation easement shall be acquired by eminent domain unless such ease…

No conservation easement shall be held unenforceable because of privity of estate or contract or lack of benefit to any other land, whether or not appurtenant to the servient land. No conservation easement shall be held automatically extinguished because of violation of its terms…

(a) An action affecting any conservation easement granted on or after July 1, 2005, may be brought by:(1) An owner of an interest in the real property burdened by the easement;(2) A holder of the easement;(3) A person having third-party right of enforcement;(4) The attorney gener…

(a) (1) When a conservation easement is held by a public body or exempt organization for the purposes of this chapter, the subject real property shall be assessed on the basis of the true cash value of the property or as otherwise provided by law, less such reduction in value as …

This part shall not affect any easement entered into prior to July 1, 1981, nor any rights, privileges or duties pursuant to such easements.

Any waiver of a restrictive covenant applicable to a subdivision lot, when granted for a specifically named business, shall be effective as a waiver for any other business, regardless of name, which operates substantially the same type of business as the business for which the wa…

No action shall lie in any court of law or equity against an owner or lessee of real property whose use of real property satisfies the conditions established in § 66-9-401 and in which it is alleged that the owner or lessee of the real property has violated restrictive covenants …

This part shall not be construed to apply to preservation restrictions, solar easements, or conservation easements, as defined in this chapter, or to any waiver of a restrictive covenant which by its express terms states that this part shall not be applicable.

The vendor of land, as each payment of the purchase money becomes due, may bring an action to enforce such vendor's lien as vendor, and may have so much of the land sold as may be necessary to pay the money then due.

The court of chancery has jurisdiction to enforce the vendor's lien when the amount due is fifty dollars ($50.00) and over.