Adverse Possession in Tennessee

Adverse possession describes a person’s right to land ownership, but it is often misunderstood. In Tennessee, if you use the land long enough and meet certain conditions, you can become the legal owner. Unlike being granted outright title to property, the term adverse implies that the actual owner does not grant another party permission to use the land. 

Tennessee’s adverse possession laws are based on a combination of statutory law and case law (known as common law). As discussed below, if you meet five criteria, you may be successful in claiming adverse possession. If your rights to access or use property are being threatened, the Manchester, TN contract lawyers at Burch & Stewart Attorneys are available to represent your interests.

Actual Use

An individual claiming adverse possession must physically use the property. This may involve making improvements to the land, living on the land, or using the property in any reasonable manner. The actual use doctrine was established in Cooke v. Smith, in which the court stated that a claimant must use or occupy the land that is appropriate to the “nature and character” of the property. 

Exclusive Use

The claimant must be the only person using the property. You cannot share use with the original owner. Exclusive use does not imply that other individuals are not allowed to use the property, but rather to the exclusion of the original owner.

Adverse Use

The individual claiming adverse possession must use the land without the permission of the owner. This is known as adverse use. Adverse use involves a person using the land despite the true owner’s rights. An adverse possession claim is known as a hostile claim since it is made without the true owner’s consent. Tennessee does impose a statute of limitations on adverse possession claims, which differs between states. TN Code §28-2-103, the original owner cannot sue to recover their land after another person has had adverse possession for a period of seven years.

Open and Notorious Use

The use of the land must be open and obvious. Using the land in secret will not allow you to claim adverse possession. Additionally, the use of the land must be apparent to the true owner. The open and notorious use criteria were established in Walker v. Huff, in which the plaintiff claimed title to a piece of land that she used for over 20 years. 

In Walker, the court established that the use of the land must be open and notorious in order to warn the original owner of a hostile claim. In determining how long the property must be used for a person to claim adverse possession, the law examines whether a color of title exists. Color of title means that the individual has a legal document granting them title, although the document is invalid or defective for some reason. In Walker, the court reaffirmed the twenty-year period if the individual does not possess color of title. If you possess color of title, this period is reduced to seven years. 

Continuous Possession

Tennessee law requires that in an adverse possession claim, the use of the land must be uninterrupted and continuous for the allotted time period. If the original owner does use the land at any point during the time in question, then your adverse possession claim will not hold up in court. 

Speak to a Manchester, TN Contract Attorney Today

Proving adverse possession can be challenging, but it is possible with the right representation. At Burch & Stewart Attorneys, our Manchester, TN contract lawyers are committed to assisting you in relation to any business or contract disputes. If your legal rights to use or occupy property are on the line, our legal team is more than happy to help. To schedule your free consultation to discuss your legal matter, we can be reached online or by calling (931) 954-1066.