Tennessee Laws on Property Disputes Between Neighbors

Do you own property in Tennessee? If so, you doubtless have neighbors. Keep reading to learn about the relevant state statutes with regard to common sources of neighbor disputes.

Tennessee Tree Damage Laws

In Tennessee, if someone damages your tree, you can recover, at a minimum, your actual damages (usually, what you paid for the tree or what it would cost to replace it). And if someone deliberately cuts timber from your property, you might be able to claim double damages if it was done negligently or triple damages if it was done intentionally. (See Tenn. Code § 43-28-312.)

(To learn what you must prove in order to get actual damages, see When a Neighbor Damages or Destroys Your Tree.)

Unlike in some states, however, Tennessee law does not criminalize intentionally damaging a tree or punish it with arrest, jail, fines, and so on. Nevertheless, general Tennessee criminal statutes, such as those related to theft or property damage, might apply. (To learn more about damages and criminal penalties in tree injury cases, see When a Neighbor Damages or Destroys Your Tree.)

Local or municipal ordinances may also add rules or penalties for tree damage. For instance, Tennessee cities often take care to protect heritage or landmark trees.

Legal Consequences for
Intentionally Damaging or Cutting Trees in Tennessee

Tennessee Boundary Fence Laws

A boundary fence is a fence that is located on or near a property line, though the exact definition can vary by state. Sometimes even a hedge can act as a boundary. To learn more about boundary fences, including how they are defined, when a neighbor is allowed to build a boundary fence, and who is responsible for repairs and maintenance, see this Fences and Neighbors FAQ.

You will find Tennessee's boundary fence statute at Tenn. Code § 44-8-202. It basically says that adjoining landowners may erect or repair such fences by paying jointly. Local ordinances (in your city, county, or town) might also contain rules on boundary fences, as might your homeowners' association (HOA) if you live in a community with this form of governance.

Tennessee Right to Farm Laws

All states, Tennessee included, have enacted laws that exempt farmers and other agricultural operators from complying with ordinary nuisance laws. You can find Tennessee's right to farm statute at Tenn. Code § § 44-18-101 through 104; 43-26-103 and 104. It defines what operations fall under the law, and states that no nuisance action can be brought by someone who moves in later than the agricultural operations began based on normal noises and appearance of the animals or fowl, noise made in operating the equipment or the equipment's appearance, normal odors that come from a feedlot, dairy farm or poultry production house or its appearance, or litter and/or manure additive designed to bind to phosphorous.

(To learn more about right to farm statutes, see Rural Neighbors and the Right to Farm.)

Where to Learn More

For articles on neighbor disputes involving adverse possessions and easements, see Adverse Possession: When Trespassers Become Property Owners and Easements: Overview.

To learn more about the property issues covered in this article and other disputes between landowners and neighbors, get Neighbor Law: Fences, Trees, Boundaries & Noise, by the Editors of Nolo.