TBA Law Blog


Posted by: Stacey Shrader Joslin on Jul 31, 2024

The Tennessee Supreme Court has ruled that a person who bought property near downtown Nashville, but failed to record the deed, could not gain full ownership under a legal doctrine known as “adverse possession.” Under that process, someone who may not own property but possesses it for a certain number of years may gain full ownership of it. After reviewing its precedents regarding the adversity requirement, the court held that adversity requires either a conflict of title or controversy regarding the right of possession. The decision reversed the Court of Appeals and reinstated the chancery court’s judgment. Chief Justice Holly Kirby dissented from the majority opinion, arguing that under longstanding property law, the court should have given the purchaser full ownership of the property. Read more in a release from the Administrative Office of the Courts.