Tennessee Boundary Line Agreement and Deed Between Adjacent Land Owners
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FAQ
Property boundary means an imaginary line exterior to any enclosed structure, at the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person.
§ 44-8-202. Partition fences may be erected and repaired at the expense, jointly, of the occupants or owners; or if a person makes a fence a partition fence, by joining to it or using it as such, that person shall pay to the person erecting it that person's proportion of the expense.
In Tennessee the statute of limitations for all adverse possession actions is seven years from the date of accrual.
Under common law, Tennessee courts have held that parties in adverse possession of land for 20 years will gain title to that land, even without any assurance or color of title. When a party has remained in uninterrupted and continuous possession of land for 20 years, their ownership of the property should be presumed.
A boundary agreement is an understanding between parties indicating where the boundary between two or more properties exists. The line agreed upon may or may not be the true or original boundary, and it does not have legal value until both parties sign a lot line agreement.
Fences are typically built between 2 and 8 inches from the line between properties. Some areas will allow the building of fences directly on the property line, but in this case, you'll have to cooperate with your neighbor and potentially share the cost of the fence.
As a property owner, you have the right to control the land under your feet and the airspace above your land. This means that when a neighbor's tree hangs over your property you can cut it back to the property line at your own expense.
Tennessee common law uses a hierarchy of boundary markers when determining the true boundary between tracts of land. Chancery courts first look to natural monuments referenced in the deed for boundary authority, which include mountains, rivers, streams, trees, rocks, paths, fords, etc.