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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 37010
Experience:  Texas Attorney for 30 years dealing in real estate
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Hawkins County TN. Family member wants to sell me property.

Customer Question

Hawkins County TN. Family member wants to sell me property. Said property has been in his mothers possesstion for over 50 years and has paid the taxes on it and is the owner according to the tax collector but when the land was given to her by previous owner they never filed the paperword and have no deed. Is this as simple as proving you have paid the taxes for over 50 years and it can be correctly deeded? Plenty of witnesses that they have owned it. Or do the previous owner have some rights to it? Heirs?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you today.

They would need a lawyer to file a suit to quiet title here.In Tennessee, the required duration of adverse possession to attain ownership is seven (7) years for someone claiming under color of title and twenty (20) years for someone without color of title. (Tennessee Code Annotated (T.C.A.) 28-2-101 onward.) "Color of title" means there is a document giving the appearance of title, but which document is not legally valid. The document appearing to convey title in fee must be recorded in the register’s office for the full seven year term. (T.C.A. 28-2- 101(b)

So here they have been using and paying taxes long enough but they need to have court order giving them title.They don't have that yet, encourage them to do so in order for you to be able to buy it.They

have the facts and likely court awards them clear title.

But they aren't able to sell this at this point because there has been no such suit and order even if they paid taxes under Tennessee law.This shouldn't be that hard or expensive but they need a local lawyer to claim title here by adverse possession under the law.

I appreciate the chance to help you today.Please let me know if you have more .Thanks again.

Expert:  Ray replied 1 year ago.

More reference about quiet title..

http://www.bloomsugarman.com/wp-content/uploads/2015/04/Quiet-Title-Actions.pdf

This can certainly be fixed here through the courts and suit to quiet title.

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