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2017 Tennessee Code
Title 28 - Limitation of Actions
Chapter 2 - Limitation of Real Actions
§ 28-2-112. Challenge of title of parcel conveyed pursuant to tax proceeding.
Universal Citation: TN Code § 28-2-112 (2017)
- (a) A person, and those claiming through such person, who receives title to a parcel conveyed pursuant to a tax proceeding is vested with an absolute and indefeasible title in fee in the parcel, unless a judicial action challenging the title of the parcel is filed in an appropriate court within three (3) years of the recording of the tax deed or order confirming the sale of the parcel in the office of the register of deeds for the county in which the parcel lies.
- (b) A person, and those claiming through such person, whether under disability or not, who fails or neglects to file a judicial action challenging the title of a parcel conveyed pursuant to a tax proceeding within three (3) years of the recording of the tax deed or order confirming the sale of the parcel in the office of the register of deeds for the county in which the parcel lies, is barred from challenging the title of the parcel.
- (c) The right to possession of a parcel pursuant to § 67-5-2503(a) constitutes adverse possession as to all other claimants of an interest in the parcel without any other action on the part of the person with the right to possession or the person's successors.
- (d) This section is applicable regardless of whether the instrument of conveyance in a tax proceeding is subsequently invalidated or declared void.
- (e) The three-year periods established in subsections (a) and (b) begin on July 1, 2017, as to parcels conveyed by tax deed or order confirming the sale prior to July 1, 2017.
- (f) Nothing in this section shall be construed to repeal or limit the application of § 67-5-2504.
- (g) As used in this section:
- (1) "Judicial action challenging the title of the parcel" includes actions to invalidate the title and actions to declare the instrument conveying the title void for any reason. "Judicial action challenging the title of the parcel" also includes motions, suits to quiet title or for declaratory judgment, and any other means or court proceeding by which the title to the parcel may be attacked; and
- (2) "Proceeding" has the same meaning as defined in § 67-5-2502(c)(1).
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