Real Property

At our law firm, we understand that buying or selling real property can be a complex process that involves a wide range of legal and financial issues. That's why we offer our clients comprehensive legal services that can help ensure a smooth and successful transaction. This includes writing title insurance policies and performing real estate closings. In Tennessee, the purchase and sale of real property involves numerous legal requirements and potential pitfalls that require the attention of an experienced attorney. 

We can assist you with drafting and negotiating purchase  and sale agreements, conducting title searches and resolving title issues, navigating zoning and land use regulations, and addressing other legal issues that may arise during the transaction.

Our goal is to make the process as smooth and stress-free as possible for our clients. We take pride in our ability to provide personal attention and effective representation from start to finish.

In a well drafted commercial lease, the terms and conditions of the rental agreement are outlined, including the rent amount, payment schedule, lease duration, and other terms of use. Commercial leases are generally more complex than residential leases, as they involve larger sums of money and typically longer lease terms. 

Commercial leases may also include additional terms, such as options to renew the lease, rent increases, subleasing, and early termination clauses. Because commercial leases can be complex, it is important for both landlords and tenants to seek the advice of legal professionals before signing any high value lease agreements.

Solar power has grown significantly in the United States over the past few decades, as the country has shifted towards renewable energy sources in an effort to reduce greenhouse gas emissions and combat climate change. Solar has also grown due to the falling cost of solar panels and equipment, allowing landowners to become more self-sufficient, resilient, or to provide an extra stream of income.

Solar power projects encase almost all of the issues one can encounter with real property: commercial leasing, financing, building codes, zoning, and regulatory agencies like the Tennessee Public Utility Commission. It's important to have attorneys who understand these different aspects, and who can practice across all of the disciplines.

We have helped clients negotiate solar leases for unused farm land, joint ventures with other solar companies, and transactional documents for a solar manufacturer. Our team of experienced attorneys can guide you through the process and provide you with the legal advice and representation you need to achieve your goals. 

Survey errors refer to mistakes or inaccuracies that may occur during the process of conducting a land survey. They may result from faulty equipment, misreading the underlying deeds, using the wrong declination, or human error.

We may be one of the only firms in the State with an attorney who took a surveying class as an undergraduate (but is definitely not a licensed surveyor). In Tennessee, surveyors are licensed professionals, and they owe their clients a certain duty of care under professional negligence law. They are also governed by rules and regulations enacted by the State, and report to the Tennessee Board of Examiners for Land Surveyors. Our knowledge has allowed us to help clients understand their particular issues, effectively challenge incorrect surveys, and protect their ownership of their land.

If survey errors are discovered, it is important to address them as soon as possible to avoid any potential legal disputes. Depending on the severity of the error, options for resolution may include correcting the mistake, obtaining a new survey, or seeking legal action against the surveyor. In some cases, title insurance may provide coverage for errors discovered after the purchase of a property. It is important to consult with an experienced attorney to determine the appropriate course of action.

At our law firm, we understand that real property title issues can be a complex and stressful matter for property owners. Whether you are dealing with a title dispute, a title defect, or a title error, our team of experienced attorneys can assist you in resolving the issue and protecting your interests.

Title issues can arise in a variety of situations, such as when a property owner discovers an undisclosed lien, when old property descriptions overlap with a neighbor, or when there is an error in the title record. These issues can prevent the sale or transfer of the property and can create significant financial and legal liabilities for property owners.

Our team of experienced attorneys has extensive knowledge of Tennessee real property law and can help you navigate the legal process of resolving title issues. We will work closely with you to understand your unique situation and develop a tailored strategy that meets your goals and budget.

We can assist you with title searches, title insurance, negotiations with third parties, and litigation if necessary. Our goal is to help you achieve a successful outcome and protect your interests.

At our law firm, we understand that boundary disputes can be a frustrating and stressful experience for property owners. These disputes can arise for a variety of reasons, such as unclear boundary lines, encroachments, or disagreements with neighbors. Whatever the cause, our team of experienced attorneys can help you resolve the dispute and protect your property rights.

Boundary disputes can have serious financial and legal implications, and it's important to work with an experienced attorney who understands the nuances of Tennessee real property law. Our team can help you navigate the legal process, conduct a thorough investigation, and develop a strategy that meets your goals and budget.

We can assist you with negotiating with the other party, pursuing alternative dispute resolution methods such as mediation, or litigating the issue in court if necessary. Our goal is to help you achieve a successful outcome and protect your property rights.

Zoning refers to the process of dividing a geographic area into different zones or districts, each with specific land-use regulations and restrictions. Zoning is intended to guide and control the development of land, protect property values, and promote public health and safety.

Zoning regulations typically establish rules regarding the type of buildings that can be constructed, the height and size of buildings, the minimum size of lots, the amount of open space required, and the permitted uses of land within each zone. Common zoning categories include residential, commercial, industrial, and mixed-use.

Zoning regulations can have a significant impact on property values and the use of property. Property owners and developers may need to seek variances or special permits to deviate from the established zoning rules. Zoning regulations can also be subject to legal challenges by property owners who believe their rights have been infringed.

A partition action is a legal proceeding that allows co-owners of real property to divide the property between them or sell the property and divide the proceeds. When two or more people own real property, such as a house or land, they may disagree on how to use the property, how to maintain it, or how to dispose of it. If the co-owners are unable to agree on a solution, a partition action may be necessary to resolve the dispute.

In a partition action, the court will determine how the property will be divided or sold. If the property can be divided into separate portions, the court may order a physical partition, which will divide the property into separate parcels that can be held by each co-owner. If the property cannot be divided, or if a physical partition is not practical or equitable, the court may order a sale of the property and divide the proceeds among the co-owners.

A homeowners association (HOA) is an organization created by a real estate developer, builder, or homeowner to manage a community of homes or condominiums. 

Membership in an HOA is typically mandatory for homeowners within the community, and homeowners are required to pay regular assessments to the HOA for items such as landscaping, road maintenance, and other common areas. The assessments are typically determined by the HOA's budget and the cost of providing services to the community.

In addition to managing common areas, an HOA may also establish rules and regulations for the community, such as restrictions on parking, exterior modifications to homes, and noise levels. The HOA is responsible for enforcing these rules, and may impose fines or other penalties for violations.

We can help you whether you are setting up an HOA, have a dispute with you HOA, or represent the HOA itself in the performance of its duties.