Real Property Ownership, Interests, and Land Use
Estates and co-ownership
Tennessee candidates must know freehold estates (fee simple absolute, life estate), leasehold estates, and concurrent ownership. Tenancy in common has no right of survivorship and unequal shares are allowed. Joint tenancy requires the four unities-time, title, interest, and possession-and includes survivorship. Tenancy by the entirety is available to married couples in Tennessee and also carries survivorship. Distinguish ownership from possession: a lease gives possession, not title. Fixtures are personal property that has become attached; tests include annexation, adaptation, and intent.
Encumbrances and land use
Easements may be appurtenant (benefits a neighboring parcel) or in gross (personal benefit), and can arise by express grant, implication, necessity, or prescription. A license is revocable permission, not an easement. Covenants, conditions, and restrictions run with land if properly recorded and intended; zoning regulates use, setbacks, variances, nonconforming uses, and special exceptions. Liens encumber title but do not necessarily transfer possession. Adverse possession requires statutory elements; do not confuse it with a trespass or a boundary dispute.
Worked rule
A deed grants “a right-of-way across Lot B for access to Lot A.” That is an easement appurtenant; it runs with Lot A and cannot be revoked like a license. Trap: thinking a recorded easement disappears because the dominant owner sells. Rule of thumb: appurtenant benefits the land; in gross benefits a person; a license is only permission.