TBA Law Blog


Posted by: Kate Prince on Jun 1, 2021

The Tennessee Supreme Court today overturned a decision that allowed for residential-use-only restrictions to be applied to subdivision lots that were sold before the restriction was created. The justices unanimously agreed that the individuals who recorded the restriction in the case lacked the authority to restrict the use of land they did not own. In this case, the original developers of the land did not execute and record the restrictive covenants until two years after they had already begun selling the lots. By that time, the property at the center of the case had already been sold and the high court ruled the restrictions did not apply to the property. The Administrative Office of the Courts has more on the decision and the opinion authored by Chief Justice Jeff Bivins.