Real Estate Law Section

The section monitors, studies and proposes statutory developments in property law and keeps its membership updated by sending periodic e-newsletters. It also produces annual CLE programming for real estate lawyers and others.

Chair
Webb Sanders PLLC
125 W Hester Rd
Cottontown, TN 37048
(615)581-0804
Vice-Chair
CloseTrak
5860 Ridgeway Center Parkway Suite 101
Memphis, TN 38120
(901)333-1360

Nashville Sued Over Affordable Housing Ordinance

Conservative think tank Beacon Center of Tennessee filed a lawsuit against the city of Nashville for its recent affordable housing ordinance, calling it an unconstitutional mandate, the Nashville Post reports. The law requires apartment developers building five or more units and requesting variances for greater densities or heights to also include a percentage of new affordable housing units in the project. The suit seeks injunctive relief from the ordinance and a judge’s declaration that it is unconstitutional. 
read more »

Court: Survivorship Rights Ended When Joint Owner Transferred Ownership

In a family dispute over land, the Tennessee Supreme Court has held that, where two persons own land as joint tenants with a right of survivorship, if one of them transfers her interest in the land to someone else, that action terminates both of the joint tenants’ survivorship interests. Justice Sharon Lee filed a dissent in which she argued it would be better to follow the law in jurisdictions such as Michigan or Oregon that do not allow a joint co-tenant to act unilaterally, protecting the rights and expectations of the joint tenants.
read more »