Tennessee Statewide Rule
Tennessee Squatters Rights and Adverse Possession
Key Facts
- With color of title
- 7 years, recorded (28-2-101/-102)
- Without color of title
- 20 years open/continuous (28-2-103 + common law)
- Possession quality
- Actual, exclusive, open, hostile, continuous
- Recording
- Assurance of title must be recorded full 7-year term
Summary
Tennessee adverse possession requires 7 years of possession when the claimant holds recorded color of title (Tenn. Code 28-2-101 to -102), or 20 years of open, continuous, hostile possession without color of title under the 28-2-103 limitation. Possession must be actual, exclusive, and notorious.
(a) Any person having had, either personally or through those through whom that person's claim arises, individually or through whom a person claims, seven (7) years' adverse possession of any lands, tenements, or hereditaments, granted by this state or the state of North Carolina, holding by conveyance, devise, grant, or other assurance of title, purporting to convey an estate in fee, without any claim by action at law or in equity commenced within that time and effectually prosecuted against such person is vested with a good and indefeasible title in fee to the land described in such person's assurance of title.
Full Breakdown
Tennessee's adverse possession statutes appear in Tenn. Code 28-2-101 through 28-2-103 (Title 28 limitations, separate from the URLTA landlord-tenant chapter). Under 28-2-101, a person with "seven (7) years' adverse possession" who holds "by conveyance, devise, grant, or other assurance of title, purporting to convey an estate in fee" gains indefeasible title, but only if that assurance is "recorded in the register's office" for the full seven years. Without color of title the period is longer: while 28-2-103 bars actions to recover land not brought within seven years, Tennessee courts require 20 years of open, continuous, exclusive, and hostile possession to extinguish a record owner's title where no color of title exists. A squatter lacking these elements acquires nothing and is removed by detainer.
Violations & Penalties
No specific statutory penalty; a squatter without valid color of title or the full possession period acquires no ownership and can be removed through a detainer/ejectment action, while a property owner's failure to act for the statutory term can extinguish their title.
Frequently Asked Questions
How long must a squatter possess property in Tennessee to claim ownership?
What is color of title in Tennessee adverse possession?
How does a Tennessee owner remove a squatter?
Sources
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.