Tennessee Code Annotated
Tenn. Code Ann. § 25-5-107 (2026)
Rights of third parties - Filing abstract of proceedings
✓ current as of May 2026
- (a) The title to real estate in counties other than the county in which the judgment or decree is rendered, the bill in equity, judicial attachment, or lis pendens is filed, or from which attachments or executions are issued, shall not be in any manner affected, as to third parties (without actual notice thereof), by any lien, judgment, decree, bill in equity, judicial attachment, or lis pendens, levy of attachment, or levy of execution, till an abstract or memorandum of such proceeding, certified by the clerk or sheriff, as the case may be, shall have been filed for record in the register's office of the county where the land lies.
- (b) Such abstract shall be recorded in a book to be kept in such office, to be called the lien book.
Acts 1897, ch. 96, § 1; Shan., § 4714a1; mod. Code 1932, §8050; T.C.A. (orig. ed.), § 25-508.
Notes of Decisions
Cited in 2
cases, 2004–2010 · leading case: Tammy L. Haggard v. Santos Aguilar (Tenn. Ct. App. 2010).
Tammy L. Haggard v. Santos Aguilar (Tenn. Ct. App. 2010). “As noted in Figlio, the language of Tenn. Code Ann. § 25-5-107 contemplates that a lawsuit and a lien lis pendens may be filed in different counties.”
State of Tennessee, ex rel. Paul G. Summers & Milton H. Hamilton, Jr. v. B&H Investments, Inc., Charles R. Smith & Alvin G. Pierce (Tenn. Ct. App. 2004). “The Court stated “defendants maintain there is no proof of erosion while defendants owned the island, but the Court finds this to be irrelevant because the judgments against previous owners run with the land pursuant to Tenn. Code Ann. §25-5-101 (c) and Tenn. Code Ann.”
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