Title 66, Property

(a) All costs of making entry of partial or entire payments upon the record, or for registering a formal release, shall be paid by the holder of the debt secured by the mortgage, deed of trust, or other lien. (b) Notwithstanding the obligation of the holder of the debt to make th…

Notwithstanding any other provision of this code, any mortgage, deed of trust, deed, or other instrument securing a debt, may be released or modified by the legal holder of the debt secured thereby without the necessity of execution of the release instrument, marginal release, or…

The release on satisfaction of any debt, contract or obligation, secured by mortgage or deed of trust, liens retained upon the face of any deed or conveyance, or any other lien, evidenced by written instrument, probated and registered according to law, and the discharge of any su…

The release may be in substantially the following form: I (or we), , declare that I am (or we are) the true and lawful holder (or holders) of the claim (or part of the claim, and specifying what part) secured by the instrument within recorded, and hereby acknowledge the satisfact…

The entry, except the signature of the person making the release and the attesting signature of the register or the register's deputy, shall be either in the handwriting of the register or the register's deputy or by stamp or both; provided, that the register may charge and colle…

(a) Such marginal entry shall, from the time it is made, constitute a part of the record pertaining to such instrument, and shall constitute a part of any transcript of the same thereafter made and certified. Any person having lawful custody of the original instrument, with its c…

Any person appearing before the register for the purpose of making a release or partial release of any lien, on the margin opposite any such instrument of record in any book in the registry, shall produce and exhibit to the register, at the time of applying for such release, the …

(a) It is the duty of the register, or the register's deputy, in case such original instrument is produced, to write or stamp, or both, across its face, and to sign officially, a certificate, properly dated, showing that the same has been released, wholly or partially, as the cas…

(a) In case the lawful owner or holder of the instrument secured, as provided in this part, shall be unable to produce same at the time of making application for such release, on account of same having been lost, destroyed or mislaid, the lawful owner or holder of the instrument …

(a) Any person who produces a fabricated or forged note or other evidence of indebtedness secured by a lien, and procures thereby a release under §§ 66-25-201 — 66-25-206, is guilty of forgery and punishable accordingly. (b) If the true note, or other such evidence of indebtednes…

Should the register attest a marginal release without seeing to the compliance with the requirements of this chapter, the register and the sureties on the register's official bond shall be liable to any person injured in consequence thereof.

This chapter shall not be construed to preclude the right of release by way of deed of release or quitclaim.

This part applies to any county having a population of not less than thirty-two thousand six hundred (32,600) nor more than thirty-two thousand seven hundred (32,700), according to the 1980 federal census or any subsequent federal census.

All of the instruments mentioned in § 66-24-101 shall have effect between the parties to the same, and their heirs and representatives, without registration; but as to other persons, not having actual notice of them, only from the noting thereof for registration on the books of t…

All of the instruments registered pursuant to § 66-24-101 shall be notice to all the world from the time they are noted for registration, as prescribed in § 8-13-108; and shall take effect from such time.

Any instruments not so registered, or noted for registration, shall be null and void as to existing or subsequent creditors of, or bona fide purchasers from, the makers without notice.

Any such instrument entitled to registration which is not duly registered prior to the expiration of sixty (60) days following the death of the maker of any such instrument shall be null and void as to innocent purchasers for a present valuable consideration from such person or p…

Any instruments first registered or noted for registration shall have preference over one of earlier date, but noted for registration afterwards; unless it is proved in a court of equity, according to the rules of the court, that the party claiming under the subsequent instrument…

Whenever a deed has been registered twenty (20) years or more, the same shall be presumed to have been properly acknowledged or proved, though the certificate of acknowledgement or probate has not been transferred to the registers book, and without regard to the form of the certi…

Where a deed has been registered more than thirty (30) years, but the register has failed to register the name of the grantor or bargainor, it shall be presumed that the name of the grantor or bargainor was subscribed to the deed, and the registration shall be good; and in provin…

In all cases where a deed or deeds conveying real estate have been executed by any person or persons purporting to act as attorney or attorneys in fact, which deed or deeds have been registered, whether with or without proper probate or acknowledgment, or any probate or acknowled…

When a power or powers of attorney authorizing the sale or conveyance of real estate have been registered, whether with or without proper probate or acknowledgment, or any probate or acknowledgment at all, twenty (20) years or more in the register's office of the county where the…

(a) Any instruments so proved or acknowledged, certified and registered, shall be received as evidence in any of the courts, judicial and administrative tribunals of the state, subject, nevertheless, to be impeached and proved to be a forgery, or to be otherwise inoperative, if t…

(1) Every instrument authorized by law to be registered and proved or acknowledged, and registered prior to October 16, 1839, may be read in evidence:(1) Although the certificate only states that the deed was duly proved, without naming the subscribing witnesses by whom it was so…

When a grant from the state for lands recites that the lands so granted are situated in one (1) county when they are in a different county, the grant shall be as valid as if the locality thereof were truly recited in the grant; and any subsequent conveyances of the lands in which…

The unintentional omission by the clerk or other officer of any words in a certificate of an acknowledgment, or probate of any deed or other instrument, shall in nowise vitiate the validity of the deed, or other instrument or the acknowledgement or probate thereof, but the same s…

If the omission is a matter of substance, the clerk or other officer, on application of either party interested, may correct such mistake or omission of words in such certificate on any such deed or other instrument.

The register shall record the correction in the proper book of the register's office, and make a reference to the same on the margin opposite the original registry of the certificate.

(a) Upon registration, in the county where the real property lies, of any instrument granting, transferring, pledging or assigning the lessor's interest in leases or rents arising from real property, the interest of the grantee, transferee, pledgee or assignee shall be fully perf…

(1) As used in this part:(1) “Declaration” means an instrument, however denominated, that creates a homeowners' association, and amendments to that instrument, including restrictive covenants, bylaws, and similar instruments governing the administration or operation of a homeowne…

(a) A homeowners' association shall not prohibit a property owner from installing an electric vehicle charging station for the property owner's personal use on the property owner's property, including the property owner's designated parking location. A homeowners' association may…

This part shall be known as the “Horizontal Property Act.”

(a) As used in this part, unless the context otherwise requires:(1) (A) “Apartment” means a part of the property subject to this part intended for any type of independent use, including:(i) (a) One (1) or more cubicles of air at one (1) or more levels of space; or(b) One (1) or m…

(a) Whenever a developer, the sole owner, or the co-owners of a building expressly declare, through the recordation of a master deed or lease, or by plat, which shall set forth the particulars enumerated by § 66-27-107, their desire to submit their property to the regime establis…

(a) Once the property is submitted to the horizontal property regime, an apartment in the building may be individually conveyed and encumbered and may be the subject of ownership, possession or sale and of all types of juridic acts intervivos or mortis causa, as if it were sole a…

Any apartment may be held and owned by more than one (1) person, as tenants in common, as tenants by the entirety, or in any other real estate tenancy relationship recognized under the laws of the state.

(a) An apartment owner shall have an exclusive ownership to the apartment and shall have a common right to share, with other co-owners, in the common elements of the property. Each co-owner may use the elements held in common in accordance with the purpose for which they are inte…

(a) A master deed, or lease or declaration shall be recorded in the same manner and subject to the same law as are deeds. Plats may likewise be recorded as in the case of recordation of plats as provided by law. (b) A master deed, or lease or declaration or the plat, or any combi…

(a) The deed of each individual apartment shall be recorded in the same manner and subject to the same law as are deeds. Likewise shall mortgages of each individual apartment be recorded subject to the law applicable to the recording of mortgages. Likewise shall other instruments…

All of the co-owners or the sole owner of a building constituted into a horizontal property regime may by deed waive this regime and regroup or merge the records of the filial estates with the principal property; provided, that the filial estates are unencumbered, or if encumbere…

The merger provided for in § 66-27-109 shall in no way bar the subsequent constitution of the property into another horizontal property regime whenever so desired and upon observance of this part.

The administration of every building constituted into horizontal property shall be governed by bylaws which shall be inserted in or appended to and recorded with the master deed or declaration, as the case may be.

(a) The bylaws must necessarily provide for at least the following:(1) Form of administration, indicating whether this shall be in charge of an administrator or of a board of administration, or otherwise, and specifying the powers, manner of removal, and, where proper, the compen…

(a) The administrator, or the board of administration, or other form of administration specified in the bylaws, shall keep a book with a detailed account, in chronological order, of the receipts and expenditures affecting the building and its administration and specifying the mai…

(a) The co-owners of the apartments are bound to contribute pro rata toward the expenses of administration and of maintenance and repair of the general common elements, and, in the proper case, of the limited common elements, of the building, and toward any other expense lawfully…

The provisions of Constitution of Tennessee, Article XI, § 11 relating to homestead and exemptions and the acts of the general assembly pertaining to or implementing the constitutional provisions shall be applicable to individual apartments which shall have the benefit of such ex…