Back to home

Exam topics · Tennessee

Property ownership and land use on the Tennessee exam

Estates, co-ownership forms, easements, encroachments, and the government powers that limit what an owner can do.

Why this section is hard

This section is pure vocabulary with heavy overlap. Joint tenancy and tenancy by the entirety look identical until the question hinges on survivorship or marriage, and easement types all sound the same until you ask who benefits.

Estates in land

Fee simple absolute is the largest ownership interest and the default assumption. A life estate lasts for a measuring life and then passes to a remainderman or reverts to the grantor. Leasehold interests are possession without ownership.

Forms of co-ownership

Ask two questions of any co-ownership fact pattern: is there survivorship, and can the interest be sold or willed?

  • —Tenancy in common — no survivorship, interests are inheritable and may be unequal.
  • —Joint tenancy — right of survivorship, requires the unities of time, title, interest, and possession.
  • —Tenancy by the entirety — survivorship between married persons, with creditor protections.

Easements and encroachments

An easement appurtenant benefits an adjoining parcel and runs with the land — there is a dominant and a servient tenement. An easement in gross benefits a person or company, like a utility. An encroachment is an unauthorized physical intrusion and is a title problem, not an easement.

Government powers over private property

Remember PETE: Police power (zoning, building codes), Eminent domain (taking for public use with just compensation), Taxation, and Escheat (property passing to the state when an owner dies without heirs or claim).

Traps that cost points

Confusing an easement appurtenant with an easement in gross.

Ask who benefits. A parcel means appurtenant; a person or utility means in gross.

Assuming joint tenancy survives any transfer.

A joint tenant who conveys their interest breaks the unities; the new owner is a tenant in common.

Calling a zoning restriction a taking.

Zoning is police power and requires no compensation. Eminent domain is the taking that does.

Common questions

What is the difference between real property and real estate?

Real estate is the land and its improvements. Real property is the real estate plus the bundle of legal rights that comes with it.

Do easements transfer with a sale?

An easement appurtenant runs with the land and transfers automatically. An easement in gross generally does not follow the property owner.

What is an encumbrance?

Anything that burdens title or limits use — liens, easements, deed restrictions, and encroachments are all encumbrances.

Practice it, don't reread it.

Twenty free questions with an instant score, or drill this topic inside the academy.