Adverse Possession Laws Tennessee
When you hear “squatters’ rights in Tennessee,” it might seem like the state is okay with people taking over someone else’s property illegally. But don’t get it twisted; Tennessee, like many other places, has something called adverse possession.
It’s a way to gain ownership of abandoned property by living there, kind of like squatting. But here’s the kicker: it’s not a quick process at all.
You’d have to live there without any interruptions for years, sometimes even decades before you can officially call it yours in Tennessee.
How can Squatters legally take over someone’s property?
So, how can squatters legally own a property? Well, sometimes you hear about cases where squatters have been living on a property for a long time, even before the owner passed away, but the property wasn’t officially transferred to someone else. Imagine a scenario where a boy grew up in his family home, and his parents passed away when he was twenty-five.
In this situation, he could apply for adverse possession and make use of the squatters’ rights, claiming that he peacefully lived on the property for twenty-five years. While this isn’t something you come across every day, it does happen often enough that the courts recognize its impact on people’s lives in such situations.
Another way a squatter can gain ownership of a property is if they’ve been living there for a solid twenty years without any disputes, and then they can make an adverse possession claim. Again, this isn’t something that happens all the time, but because there are enough cases, there are laws in place to protect citizens in these situations.
Adverse Possession vs. Trespassing: Not the Same Deal
A lot of folks tend to lump squatting and trespassing together, but they’re not quite the same thing. Trespassing is a full-blown criminal offense while squatting is more of a civil matter. Once the actual owner finds out about squatters and tells them to scram, that’s when they cross over into trespassing territory.
Now, here’s the kicker: most folks who use adverse possession laws aren’t nomadic wanderers living off the grid, as the word “squatters” might suggest. Nope, it’s often regular property owners, and they’re usually neighbors of the landowner in question.
These upstanding citizens might accidentally think a piece of land belongs to them, or they’ve been using some part of the neighboring property for things like parking, a backyard garden, or even a spot for their garage for years.
A Little History Lesson on Adverse Possession Laws
Adverse possession isn’t some newfangled idea; it’s been around for ages. We’re talking centuries here, tracing back to the days when European rulers and lords claimed everything. The whole concept of adverse possession came about when English peasants started farming on land owned by an absent lord who never bothered to assert their ownership. Over time, those peasant farmers said, “Hey, this land is practically ours now!”
Eventually, the English Parliament recognized adverse possession rights, and other European countries followed suit. It took France until 1804 to include adverse possession in the Napoleonic Code. Each country had its own rules and procedures for making a claim, and landowners could object if they disagreed.
Guess what? England still recognizes the right to adverse possession today, and many U.S. states have hopped on that bandwagon. Some folks might think it’s not fair, but it sure does encourage property owners to take care of their land and not let it fall into disrepair.
Key Requirements for Adverse Possession in Tennessee
To legally claim someone else’s property through adverse possession in Tennessee, there are five essential conditions set by the courts. These rules determine how you must possess the property:
- Actual Possession: This means you have to actively use the property. Just thinking about it or planning to use it someday won’t cut it. If the owner came by, they should see that you’re using the property.
- Open Possession: You can’t be sneaky about it. You have to openly occupy the property. If you only show up at night or try to hide, it doesn’t count as open possession. The owner should be able to spot you if they come by.
- Hostile Use: This doesn’t mean you have to be aggressive or violent. “Hostile” here simply means you’re using the property without the owner’s permission. If you’re paying rent to the owner, even a tiny amount like a dollar, it’s not considered hostile possession.
- Continuous Possession: You can’t just pop in now and then. You must regularly occupy the property in a way that the owner could notice if they were keeping an eye on it. To make an adverse possession claim, you need to live there continuously, without any long breaks, for either seven or 20 years.
- Exclusive Use: You must act as if you’re the owner and prevent others, including the actual owner, from using the property.
Color of Title
Adverse possession in Tennessee has different time requirements: seven years or 20 years. The shorter, seven-year rule applies if you have “color of title.” This means you’ve taken some steps toward claiming ownership but might be missing certain legal documents or registrations.
While you don’t necessarily need “color of title” to claim adverse possession in Tennessee, having it reduces the continuous occupation time requirement to seven years instead of 20.
Frequently Asked Questions
How to Evict a Squatter in Tennessee?
- First, there must be a clear squatter presence on the property.
- If there’s no obvious presence, squatters must leave.
- If there’s an obvious presence, follow these steps:
- Serve them a formal eviction notice.
- File a court complaint.
- Attend a court hearing for resolution.
What are Squatters’ Rights in Tennessee?
- Tennessee doesn’t grant specific “squatters’ rights.”
- Adverse possession allows residency without conflict for years.
- Residents must improve the property, such as landscaping or renovations.
Is Squatting in a Residential Property Legal in Tennessee?
- No, squatting is illegal in Tennessee.
- Squatters can’t own the property.
- Adverse possession laws may not apply.
- Certain requirements can grant residential rights.
