Real Estate Law

A nuisance is defined as anything which annoys or disturbs the free use of one's property, or which renders its ordinary use or physical occupation uncomfortable. 

Trespass protects a landowner's right to exclusive possession of the landowner's property.  Any unauthorized entry upon the property of another is a trespass. 

Nuisance and trespass claims can stem from the flow of water from property onto another's property or even collapsing retaining walls or mudslides from one property onto another.  Nuisance and trespass claims can also be due to an adjoining property owner's use of their property in such a way that it results in sounds, smells and activities (including those of the animals), which come onto and/or prevents someone from freely being able to occupy, use and enjoy their property.

The laws associated with nuisance, trespass and easement issues overlap and are interrelated.  

If you feel you are being prevented from freely enjoying the use of your property as a result of an adjoining property owner's activities, click below to schedule a free consultation.   

In today's modern day and age of  real estate development, many property owners find themselves being a part of a homeowner's association.  Typically, a large tract of land is purchased by a developer that subdivides the land into smaller parcels, which are then sold to lot owners who purchase the parcel and have a house constructed on it.   

In order to ensure that the property is used consistent with the developer's intentions and that property values within the subdivided land or subdivision do not diminish, the property developer enacts certain rules which govern how the lot owners may use their land.  

To accomplish this purpose, the developer typically enacts and records certain declarations and bylaws.  The declaration and bylaws set forth the rules and conditions on how a homeowner may use his or her land.  These are often referred to as the association's covenants, conditions and restrictions.

 The bylaws and declarations also usually create and appoint a  homeowners' association, which is responsible for maintaining the common areas of the subdivision, enforcing the covenants, conditions and restrictions and collecting dues to operate the homeowner's association.  

The interests of the property owners and the obligations of the homeowners' association oftentimes collide.  Issues arise as to how a property owner may use and/or develop the property, the obligations of the homeowner to pay their HOA fees, failure to pay HOA fees and the homeowners' associations rights when this occurs, and the homeowners' association's duties to maintain the property it is required to maintain. 

If you have a question regarding a homeowners' association issue, click below to contact us and/or schedule a free consultation.

Generally speaking, a seller of a parcel of property is not required to provide the buyer of the property  with a copy of a survey of the property as part of the sale.  Such surveys, usually show the boundary lines of the property, any easements the property is subject to, and any possible encroachments onto those boundary lines or easements.  

These "encroachments" may be due to  a variety of issues ranging from such things as fences, sheds, portions of a home or other features of a piece of property that have been placed in such a way that they are located upon or affecting the property of the adjoining property owner.  Such "encroachments can even include vegetation or landscaping that has been planted on one property and has now spread onto the adjoining property.

Most properties also have public utility easements located on them that allow various utility providers to use a portion of a property owner's property to locate utility services such as electric, cable, water and/or gas.  In the event a structure, landscaping feature or vegetation has been placed or is now located in such a way that it infringes on the easement, the offending issue may have to be removed.

In addition to the "encroachment" preventing the landowner from being able to fully use and occupy his or her land, the "encroachment" may  even allow the adjoining landowner to later make a claim to a  portion of the land that is being encroached upon, provided certain conditions are met.

If you have a concern regarding a possible encroachment or property line dispute, click below to call or schedule a free consultation. 

When real property that is purchased in Tennessee is financed, the party that loans the borrower the money to purchase the property (the lender) typically has two avenues for recovery when a borrower fails to pay back the money as agreed.

The first avenue allows the lender to pursue the borrower for breach of contract.  Typically this allows the lender to advise the borrower that the loan is being accelerated which requires that the borrower pay the full amount due on the loan, in the event that the borrower fails to pay back the loan as agreed, such as by missing a monthly payment.

The second, and most important avenue, is advising the lender that the property will be sold at sale to the highest bidder, if the borrower fails to cure the defaulted loan in accordance with the terms of payment as required by the lender.  This right is granted to the lender by virtue of security interest that the lender acquires in the property at the time the loan is made, by a document known as a Deed of Trust.  This document typically creates a legal trust type relationship, whereby the borrower agrees that a trustee is appointed to act for the benefit of the lender in the event the borrower defaults in paying back the loan.  Such trust agreements typically include a power of sale, in which the lender can have the property sold at public auction to the highest bidder.  

In the event of such a sale, the borrower is given a credit for the amount of the sale, with any excess between the amount of the sale and the amount of the loan going to the lender.  In the event the sale proceeds are insufficient to cover the amount of the loan, the borrower is still liable for the deficiency. 

If you have questions regarding property and foreclosure sales, click below to call or schedule an appointment for a free consultation. 

An easement is usually a right granted from one party to another party to use that party's land or restrict the use of that party's land.

Most properties have public utility easements located on them that allow various utility providers to use a portion of a property owner's property to locate utility services such as electric, cable, water and/or gas. 

Sometimes a parcel of land includes a type of easement that allows one party to use the other party's land to gain access to and from their property across the other party's property.

Along with easements, come certain rights and obligations regarding each party's rights to use and develop the land and obligations associated with maintaining the land that is subject to the easement.

If you have a question regarding land that is subject to an easement, and the rights and obligations of each party associated with the easement, click below to call or schedule a free consultation.

With over 25 years of legal and courtroom experience, 

Mr. Grandchamp has the experience you can rely upon and trust. 

Mr. Grandchamp is duly licensed in both Tennessee and Illinois and has considerable experience in handling a wide variety of real estate issues, such as those discussed above. 

Click below to call or schedule a free consultation with Mr. Grandchamp to discuss your real estate issue.