Title 29, Remedies and Special Proceedings

The expenses of the commissioners, including the expenses of a surveyor and the surveyor's assistants, when they have been employed, will be ascertained and allowed by the court; the expenses to be paid by the claimants in the proportion of their interests, or equally, as the cou…

The court may, in its discretion, order the fees of the attorneys for the complainant and defendant to be paid out of the common fund, where the property is sold for partition, and taxed as cost in cases where the property is partitioned in kind.

(1) The partition thus made is conclusive:(1) On all parties named in the proceedings who have at the time any interest in the premises divided, as owners in fee or as tenants for years or as entitled to the reversion, remainder, or inheritance of such premises after the terminat…

Such judgment and partition will not affect any tenants or persons having claims as tenants, for life, to the whole of the premises, nor preclude any person, except those specified in § 29-27-122, from claiming any title to the premises, or from controverting the title or interes…

(1) Any person entitled to a partition of premises, under part 1 of this chapter, is equally entitled to have such premises sold for division, in the following cases:(1) If the premises are so situated that partition thereof cannot be made; or(2) Where the premises are of such de…

The application for a sale of the premises is made by bill or petition, under the same rules and regulations that govern the application for partition.

The application may be in the alternative for partition, if practicable or advisable, and, if otherwise, for a sale.

The petition or bill may also be amended at any stage of the cause, so as to pray a sale, if the parties think it for their interest.

Even if application is for partition only, the court may, upon the answers of the defendants asking a sale, and satisfactory cause shown, decree a sale for division.

If the commissioners appointed to make partition report that the premises, or any portion thereof, are so situated that a partition cannot be made without great prejudice to the owners, the court may, if satisfied that the report is just and correct, order a sale of the premises,…

When the estate to be divided is situated in several counties, the court may decree a sale of all the land, as well that situated in the county where the bill is filed as in any other county in the state.

(a) The court may, with the assent of the person entitled to an estate for life, to the whole or any part of the premises, who is a party to the proceedings, sell such estate with the rest. (b) (1) If such person is incapable of giving assent, the court may determine, under all t…

(a) (1) It is the duty of the parties, when a sale is applied for or ordered, to disclose any encumbrance upon the premises, or any part thereof.(2) Either party, or the purchaser after sale, may have a reference to ascertain whether there are any encumbrances on the premises, th…

If the party disputes the validity of the supposed encumbrance, the purchaser may, by petition, compel such party and the supposed encumbrancer to interplead, unless the parties produce and file a disclaimer or receipt from such supposed encumbrancer.

The proceedings to ascertain and settle the amount of encumbrances, as provided in §§ 29-27-209 — 29-27-213, shall not affect any other party in the suit nor delay the paying over or investing of moneys to or for the benefit of any party upon whose estate in the premises there ap…

Sales made without reference to the encumbrances are subject thereto, and do not affect the right of such encumbrancers in any way.

Nothing herein contained shall be held to deprive a purchaser of any rights the purchaser may have to be relieved of a sale, by reason of an encumbrance not made known at the sale.

The court may direct the sale to be made for cash, or on such credit as may be deemed most for the interest of all the parties.

(a) The installments of purchase money shall be secured by note, with good personal security, and a lien retained on the land until the whole amount is paid. (b) The lien for the purchase money subsists until the whole is paid, notwithstanding any omission to reserve such lien, e…

The court, upon confirmation of the sale, divests title and vests it as in other cases of sale of real estate by decree of court, under this code.

The rights of the parties shall be settled by the judgment or decree of the court, and the proceeds divided in accordance therewith.

(a) The shares of adults not under any disability, in the proceeds of sale made for partition, after deducting the proportion of costs to be borne by such shares, shall be paid over to such parties or their order. (b) If any of the parties are infants, the court shall direct the …

The court may, whenever the nature of the case demands, require all, or any of the parties, before they shall receive any share of the moneys arising from a sale under this chapter, to give approved security, in such sum as the court may direct, to refund such share, with interes…

This part is known and may be cited as the “Uniform Partition of Heirs Property Act.”

(1) As used in this part:(1) “Ascendant” means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual;(2) “Collateral” means an individual who is related to another individual under the law of intestate succession of this …

(a) This part applies to partition actions filed on or after July 1, 2022. (b) This part does not apply to actions pursuant to title 30, chapter 2, part 4. (c) In an action under this chapter, the court shall determine whether the property is heirs property. If the court determin…

(a) This part does not limit or affect the method by which service of a petition in a partition action may be made. (b) If the plaintiff in a partition action seeks notice by publication and the court determines that the property may be heirs property, then the plaintiff, no late…

If the court appoints commissioners pursuant to § 29-27-114, each commissioner, in addition to the requirements and disqualifications applicable to commissioners in § 29-27-114, must be disinterested, impartial, and not a party to or a participant in the action.

(a) Except as otherwise provided in subsections (b) and (c), if the court determines that the property that is the subject of a partition action is heirs property, then the court may consider the county's tax appraised value. If an objection to the tax appraisal is filed by a par…

(a) If any cotenant requested partition by sale, then the plaintiff shall send notice to the parties after the determination of value under § 29-27-306 that any cotenant, except a cotenant that requested partition by sale, may buy all the interests of the cotenants that requested…

(a) If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants pursuant to § 29-27-307, or if after conclusion of the buyout under § 29-27-307, a cotenant remains that has requested partition in kind, then upon motion and hearing, …

(a) In determining whether partition in kind would result in great prejudice to the cotenants as a group pursuant to § 29-27-308(a), the court may consider the following:(1) Whether the heirs property practicably can be divided among the cotenants;(2) Whether partition in kind wo…

(a) If the court orders a sale of heirs property, then the court shall determine the method of sale that is most economically advantageous and in the best interest of the cotenants as a group. The method of sale may be an open-market sale, a sale by sealed bids, or an auction. (b…

(a) Unless required to do so within a shorter time by part 2 of this chapter or by the court in the court's discretion, a broker appointed under § 29-27-310(b) to offer heirs property for open-market sale shall file a report with the court and serve a copy on all parties no later…

In applying and construing this act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

This part modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.), but does not modify, limit, or supersede Section 101(c) of that act (15 U.S.C. § 7001(c)), or authorize electronic delivery of the notices …

This chapter shall be known and may be cited as the “Tennessee Products Liability Act of 1978.”

(1) As used in this chapter unless the context otherwise requires:(1) “Anticipated life.” The anticipated life of a product shall be determined by the expiration date placed on the product by the manufacturer when required by law but shall not commence until the date the product …

(a) Any action against a manufacturer or seller of a product for injury to person or property caused by its defective or unreasonably dangerous condition must be brought within the period fixed by §§ 28-3-104, 28-3-105, 28-3-202 and 47-2-725, but notwithstanding any exceptions to…

(a) Compliance by a manufacturer or seller with any federal or state statute or administrative regulation existing at the time a product was manufactured and prescribing standards for design, inspection, testing, manufacture, labeling, warning or instructions for use of a product…

(a) A manufacturer or seller of a product shall not be liable for any injury to a person or property caused by the product unless the product is determined to be in a defective condition or unreasonably dangerous at the time it left the control of the manufacturer or seller. (b) …

(1) No product liability action, as defined in § 29-28-102, shall be commenced or maintained against any seller, other than the manufacturer, unless:(1) The seller exercised substantial control over that aspect of the design, testing, manufacture, packaging or labeling of the pro…

Any complaint filed in a products liability action shall state an amount of such suit sought to be recovered from any defendant.

If a product is not unreasonably dangerous at the time it leaves the control of the manufacturer or seller but was made unreasonably dangerous by subsequent unforeseeable alteration, change, improper maintenance or abnormal use, the manufacturer or seller is not liable.

In any suit in equity brought in any court under its general equity jurisdiction to quiet, perfect, or adjudge the title to real estate, or to remove clouds from the title thereof, situated within the state, in which suit it is sought to determine the rights or claims of any pers…

If in such suit it shall appear that there is or may be any person who has been made a party defendant under § 29-29-101, a general notice of such suit shall be published in a newspaper within the county in which the land involved is situated, and if there is no newspaper in the …