How to Access Property Records in Tennessee

What Information Can You Find in Tennessee Property Records?

Property records contain a lot of very specific information about the property, related items, and the owners. Some of the things you can find in property records include:

Deeds and Conveyance Records

Deeds perform two functions: They transfer ownership of real property and prove title to the property and ownership if it is disputed. They can be filed with the county register of deeds and found online or in person. Deeds are most often used in real estate sales but also estate distribution, foreclosures, and liens.

Some of the information contained within deeds are:

• Name of the Seller/Grantor and Buyer/Grantee.
• A detailed description of the property.
• Maps and plats along with boundaries and sometimes surveys showing the acreage and edges of the property.
• Conveyance language explaining the ownership transfer from one person or entity to another.
• Notarization and execution are at the bottom, where everyone signs to make it legal.

Deeds contain conveyance language that clearly stipulates who is granting and receiving the land.

Tennessee has 2,664,791 housing units. Davidson County has the highest percentage of single-family and multi-family homes.

Property Tax Records

Everyone who owns property in Tennessee must pay annual taxes on it. Each county sets its own tax rate and taxes each property within its boundaries with its fair share. The average tax rate in Tennessee is 0.67 of the property's value. The state ranks 37th in terms of property taxes. The median tax payment in Tennessee is $1,220.

The county commissioner and tax assessor set tax rates, send out bills, and collect payments. If you fail to pay your property taxes, that office could put a lien on your home and eventually foreclose and sell it.

The following information often appears in a standard property tax record in Tennessee:

• Exemptions - The document will show any tax relief applicable to the property. For example, Tennessee provides property tax relief for elderly and disabled homeowners with low incomes.
• Tax Rates - Like other states, properties in Tennessee fall under different taxing jurisdictions with different tax rates. The document should outline the applicable tax rate used to calculate the levies.
• Assessed Value - This document contains the property's assessed value, which is the basis for calculating property taxes in the state. The county assessors determine these values after the property is assessed.
• Contributions - The document may show the contributions made toward the taxes and their dates.
• Deadlines - The document should give information on payment deadlines and may include provisions for delinquency.
• Calculations - The document may include a breakdown of the tax calculations.

How Often is Property Tax in Tennessee Assessed?

State laws require assessors to revalue property once every four to six years and revalue personal property annually. The county assessor's office is responsible for the revaluation. The assessor distributes employees within their jurisdiction to identify, assess, and thus determine a property's value. The standard process has three key steps:

• Valuation - The designated assessor determines the property's value by considering elements such as location, size, and amenities. They also examine recent sales in the area of similar properties and the income the property could generate.
• Noticing - After valuation, the assessor sends a notice to the owner notifying them of their new assessed value. The notice contains the value and information on how to appeal if the owner disputes the assessment.
• Appealing - Property owners can appeal their newly assessed value through four stages. The first is to discuss the value with a real property appraiser through the assessor's office to examine the assessment and make adjustments if anything is inconsistent. If the property owner disagrees, they may schedule a formal hearing with the County Board of Equalization. The property owner may go a step further if they disagree with the board's decision by appealing to the State Board of Equalization through a hearing. The final step is filing a lawsuit with the county Chancery Court.

Property Liens and Encumbrances in Tennessee

Encumbrances like liens appear in various property records and can negatively affect the property in many ways. Some liens are voluntary, but others are involuntary, and those can lead to foreclosure and loss of the home.

Voluntary Liens

You agree to voluntary liens whenever you use your home as collateral for a loan, such as when you take out a mortgage.

• Mortgage Liens - Whenever you borrow money against your home, the lender will place a lien on the property until it's paid off. This is to protect the lender, and if you fail to pay off the loan or miss multiple payments, they can foreclose and sell your home at auction to pay off the loan. This type of lien is voluntary and not usually detrimental to the property's reputation.

  Mortgage documents contains the following information:

  • Property Description - A thorough account of the property used as collateral should appear.
  • Loan Information - This includes the principal balance, interest rate, repayment terms, and any unique requirements or clauses included with the mortgage.
  • Conditions for Mortgage - These are the mortgage's terms and conditions, including details on late payment, prepayment fines, and default clauses.
  • Recording Information - Information such as the date, book, page numbers, and the office where the mortgage was recorded may appear in the document.

Involuntary Liens

Involuntary liens are imposed against your will for an unpaid debt or default on a loan.

• Mechanic's Liens - Contractors can initiate mechanic's liens. Other professionals who work on your property can also place a lien on your home if you do not pay them what you owe. This extends to material suppliers, laborers, groundskeepers, landscapers, subcontractors, and architects.
• Tax Liens - The county tax assessor is responsible for ensuring you pay your annual taxes. If you do not, they can also place a lien on your home and eventually foreclose and sell your property at auction.
• Judgment Liens - Creditors to whom you owe money can also place liens on your property to collect their debts. They must sue you in court first, and if they win, the judge will grant them the right to place a lien on the property and eventually (after a specific amount of time has passed) foreclose and sell the home.

The Process of Property Liens in Tennessee

The process of putting a lien on a property in the state depends on the type of lien. Here is a breakdown of the process of placing a mechanic's lien:

• Tennessee observes two types of mechanics liens. The first is the direct liens for individuals with a direct contract with the owner, which lasts one year. The second type is the indirect liens, available to subcontractors and suppliers that do not have direct contracts with the property owner. If the claimant files the latter, they must send preliminary notices 90 days before the last day of the month of work or supply. The notice should contain a description of the property, date of furnishing, general description of the work or supplies, plus details of the claimant.
• The claimant must fill out the lien form with similar information. The more information a claimant provides, the stronger the lien may be against challenges. Information that should appear in the lien form includes a description of the property, the work dates, the work or supplies provided, and other relevant details. Claimants may also attach their contracts to the lien form.
• Mechanics liens are filed at the register of deeds office. Claimants should attach their notice forms to secure their lien rights. After filing, the claimant must send a notice of the lien to the property owner. However, giving notice of the filing is only required in indirect liens.

Easements and Covenants

Easements and covenants accompany deeds during the transfer or sale of property. Easements are rights-of-way that give someone other than the owner access to the property. A good example is a wireless company with towers on someone's land. The company can enter the property at any time to maintain its towers without first obtaining permission.

Covenants are rules for using the land. They most often apply to gated communities and condo developments. They might contain rules against having pets on the property or motorcycles.

Plats and Surveys

Plats and surveys are types of maps. Plats show the boundaries of all the neighboring properties, while surveys show only the boundaries of the property itself. Tennessee created a survey tool to help you see the boundaries of any property online. You can use it by entering the parcel name, owner's name, property address, or subdivision.

Property Descriptions and Boundaries in Tennessee

Another important aspect of property records is property descriptions. These are legal descriptions of the property, including natural landmarks and other details, so that anyone can easily identify the property.

Surveys and Land Measurements

Surveys are measurements used to identify the proper boundaries of the land. They are often used in new construction and utility laying but also become involved in boundary disputes. Tennessee land was partitioned initially using the "metes and bounds" method.

The following information may appear in the various types of property survey documents:

• Boundary Lines - Surveys usually show the property's boundaries by angle and measurements.
• Topographic Features - The document will likely show natural and man-made features on the land.
• Legal Details - The record may include a legal description of the property.
• Surveyor Notes - The surveyor may include important notes about the study or land.
• Date - The document may include the date of the survey.
• Recording Information - If filed at a government office, the document will show details of the recording.

Whenever someone infringes upon another person's property, an issue may arise. These boundary disputes often end up in court, with a judge deciding who owns what. Surveyors are frequently asked to provide expert testimony to help the judge decide.

Foreclosures

A property in foreclosure may not be an enticing option for regular buyers, but it is for investors. Some investors use property records to search for distressed properties, buy them cheaply, and sell them later at a profit.