Title 66, Property

If all the subscribing witnesses are dead, insane, blind, or deaf or hard of hearing, except one (1), that witness may prove the execution of the instrument before the clerk or deputy clerk of the county, the handwriting of the other witness being proved by some other person.

If the witnesses reside or are in any other state of the union, the proof shall be made before the same officers and tribunals who can take the acknowledgment of the maker of the instrument.

If the witnesses, or any of them, reside or are beyond the limits of the United States, the instrument may be proved by two (2) subscribing witnesses before the same officers and tribunals who have authority out of the state to take the acknowledgment of the person who executed t…

If the witnesses reside without the limits of the state, the party desiring the probate of the instrument may procure their testimony to be entered of record in any court of record having cognizance thereof or may prove the instrument by two (2) persons acquainted with the handwr…

When an instrument is presented to a clerk or deputy clerk for probate, and the party presenting it suggests to the clerk that the subscribing witnesses or any of them refuse to appear and give evidence of the execution of the instrument, the clerk shall issue a subpoena to compe…

The subpoena provided for in § 66-23-108 shall command the officer to summon the witnesses to appear before the clerk at the clerk's office, on a certain day specified in it, to give their evidence touching the execution of the instrument, or other authentication thereof, under a…

(a) The witness fees, to be paid by the party summoning them, at the time of their attendance, shall be the following:(1) For each day's attendance, seventy-five cents (75¢); and(2) For every thirty (30) miles traveling to and from the clerk's office, seventy-five cents (75¢); pr…

Any sheriff or constable, into whose hands the subpoena may come, shall execute it, without delay, on the witness or witnesses named in it, but not unless the party suing out the subpoena pay or tender to the sheriff or constable a fee of one dollar ($1.00) for summoning each wit…

Should any witness, summoned as provided in § 66-23-108, fail or refuse to attend, that witness shall be subject to an action on the case for damages at the suit of the party by whom the witness was summoned.

If the sheriff fails or refuses to serve a subpoena for witnesses in such case, the sheriff shall be liable to a like action for damages, but not unless the sheriff's fees are tendered or paid.

If all the subscribing witnesses are dead, insane, blind, or deaf or hard of hearing, the instrument may be proved before the county clerk or deputy county clerk by any two (2) persons who are acquainted with the handwriting of the maker of the same.

If the person executing the instrument is dead, or resides or is beyond the limits of the United States and its territories, and the subscribing witnesses are dead, or have become insane or blind, or deaf or hard of hearing, since they became subscribing witnesses, or they cannot…

When the witness or witnesses appear before the clerk, the clerk shall propound to them such questions as the clerk may find requisite to establish the facts necessary to authenticate the instrument, whether it be the identity of the maker, the maker's handwriting, or the handwri…

If the subscribing witnesses appear before the clerk or deputy clerk of any county of the state, and prove the facts necessary to authenticate the instrument, the clerk shall write on the back or some other part of the instrument the following certificate: State of Tennessee )Cou…

The certificate of probate shall be varied so as to adapt it to the various modes of proof prescribed in this chapter.

If the instrument is proved by procuring the testimony of the witnesses to be entered of record in a court of record in one (1) of the United States or of a foreign country, there shall be endorsed upon or annexed to the deed a copy of the probate from the record, certified by th…

If the probate is taken outside the state, the certificate shall show the capacity in which the person who took the probate acted, and the state in which the probate was taken.

(a) The following writings may be registered:(1) All bonds for the conveyance of real or personal estate; provided, that all bonds for conveyance of real or personal property must contain:(A) The signatures of all parties subject to the bond, authenticated pursuant to § 66-22-101…

With the deed or instrument shall be registered all certificates of probate or acknowledgment, with the certificates for the authentication thereof, any commission to take acknowledgment or examination, and any correction made of the certificates as provided in this chapter.

If the instrument be a conveyance, or for the conveyance, of land, it shall be registered in the county where the land lies, unless it lies partly in two (2) or more counties, and then it may be registered in either; and where it contains several tracts of land, lying in differen…

All deeds, bills of sale, agreements, and other instruments for the conveyance or mortgage of personal property shall be registered in the county where the vendor or person executing the same resides, and, in case of nonresidence of the vendor or the person executing, where the p…

Deeds for the settlement of personal property, in consideration of marriage, shall be registered in the county where the grantor or bargainor resides.

(a) Marriage contracts or agreements in which the wife's property, before marriage, is settled on her or a trustee for her use, shall be registered in the county where the husband resides at the time of marriage, and in every county in the state to which he may remove with the pr…

Where any deed of conveyance, or any power of attorney to convey, in which more than one (1) tract of land is conveyed or to be conveyed, lying in different counties, with the proper probates, has been registered in any county in which one (1), or more, of the tracts lies or wher…

In all cases where the records of any register's office in any county have been, or may hereafter be, destroyed or mutilated by fire, or otherwise, the holder of any deed or instrument of which the record wherein it was originally registered has been destroyed or mutilated may ha…

The register registering or recording such deeds or other instruments in writing heretofore recorded shall be entitled to demand and receive for such register's services compensation in accordance with the schedule set forth in § 8-21-1001; provided, that nothing in this section …

(a) (1) No instrument in writing affecting interests in real property, excepting instruments releasing liens on real property, shall be registered unless it contains a recital designating the deed, will, court decree or other source from which the grantor received the equitable i…

Nothing in this chapter shall be construed to prohibit the registration of instruments otherwise required by law to be registered, in the absence of a previously registered instrument respecting the property or subject matter embraced in the instrument delivered for registration;…

(a) Where any metropolitan government, as defined in § 7-1-101, has adopted an official property identification map which assigns to each parcel of property a number or other identifying symbol for property within the area of the metropolitan government, every deed offered for re…

No deed of conveyance of real property, except for a deed of trust or mortgage, shall be received for recording by any register of deeds unless there shall be included thereon the name and address of a property owner and the name and address of the person or entity responsible fo…

(a) (1) No instrument by which the title to real estate or personal property, or any interest therein, or lien thereon, is conveyed, created, encumbered, assigned or otherwise affected, or disposed of, nor any power of attorney, including, but not limited to, any durable power of…

(a) It is unlawful for the recorder of deeds of any county or any proper public authority to file on record any map, plat, survey, or other document within the definition of land surveying which does not have impressed thereon, and affixed thereto, the personal signature and seal…

(a) An instrument containing a form or forms of covenants, conditions, obligations, powers, and other clauses of a mortgage or deed of trust may be recorded in the registry of deeds of any county and the recorder of such county, upon the request of any person, on tender of the la…

(a) The register shall, upon receiving notification from the commissioner of environment and conservation that hazardous wastes have been landfilled on property in the county, enter or endorse on the deed the following:(1) The hazardous wastes which are disposed of on such proper…

Judgments, attachments, orders, injunctions, and other writs affecting title, use or possession of real estate, issued by any court shall be effective against any person having, or later acquiring, an interest in such property who is not a party to the action wherein such judgmen…

(a) If any person develops real property for residential or commercial purposes in a manner which exempts such development from the subdivision regulations of any county or municipality and then sells, transfers or enters into agreements or contracts for the sale of more than two…

(a) No deed of conveyance of real property, except for a deed of trust or mortgage, shall be prepared unless there is included at the end of the legal description the name, license number and address of the surveyor who prepared the boundary survey from which the description was …

(a) A deed or other instrument transferring ownership of real property, but not including a deed of trust or mortgage, shall indicate the parcel identification number assigned by the county assessor of property or a sworn affidavit that such information was requested from the ass…

(a) For the purposes of this section, “security trust” includes a deed of trust, mortgage, bond or other instrument, entered into after July 1, 1990, under which the title to real or personal property, or both, wholly situated in this state, is conveyed, transferred, encumbered o…

This part shall be known and may be cited as the “Uniform Real Property Electronic Recording Act.”

(1) As used in this part, unless the context otherwise requires:(1) “Digitized image” means an electronic document that is created as an electronic copy of a paper document that accurately depicts the information on the paper document and is unalterable;(2) “Document” means infor…

(a) If a law requires, as a condition for recording, that a document be an original, be on paper or another tangible medium, or be in writing, the requirement is satisfied by an electronic document satisfying this part. (b) If a law requires, as a condition for recording, that a …

(a) A county register:(1) Who implements any of the functions listed in this section shall do so in compliance with standards established by the information systems council established under § 4-3-5501;(2) May receive, index, store, archive, and transmit electronic documents;(3) …

(a) The information systems council shall adopt standards to implement this part. (b) To keep the standards and practices of county registers in this state in harmony with the standards and practices of recording offices in other jurisdictions that enact substantially this part a…

Nothing in this part, or any other law, shall be construed to require county registers to receive a document electronically.

(a) When a debt secured by a mortgage, deed of trust, or by lien retained in a deed of conveyance of land or bill of sale, or other instrument, has been fully paid or satisfied, the mortgagee, transferee, or assignee of the mortgagee or the legal holder of the debt secured by dee…