Tennessee Code Annotated
Tenn. Code Ann. § 28-2-101 (2026)
Adverse possession - State conveyance
✓ current as of May 2026
- (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.
- (b) No title shall be vested by virtue of such adverse possession, unless such conveyance, devise, grant, or other assurance of title shall have been recorded in the register's office for the county or counties in which the land lies during the full term of such seven (7) years' adverse possession.
Code 1858, § 2763 (deriv. Acts 1819, ch. 28, § 1); Acts 1895, ch. 38, §1; Shan., § 4456; Code 1932, § 8582; T.C.A. (orig. ed.), § 28-201.
Notes of Decisions
Cited in 47
cases (3 in the last 5 years), 1981–2025 · leading case: Cumulus Broad., Inc. v. Shim, 226 S.W.3d 366 (Tenn. 2007).
Cumulus Broad., Inc. v. Shim, 226 S.W.3d 366 (Tenn. 2007). “Tenn.Code Ann. § 28-2-101 (2000); see, e.”
Hightower v. Pendergrass, 662 S.W.2d 932 (Tenn. 1983). “96, 97 (1851), where the case involved a re-entry against an adverse possessor with color of title, and to this extent is not in point, the Court construed chapter 28, Acts of 1819, from which T.C.A. § 28-2-101, § 28-2-102 and § 28-2-103 derive and the Court said: "We think the…”
Shearer v. Vandergriff, 661 S.W.2d 680 (Tenn. 1983). “Vandergriff consulted an attorney, had a survey made of his property and ultimately erected a fence down the middle of the right-of-way.”
Tidwell v. Van Deventer, 686 S.W.2d 899 (Tenn. Ct. App. 1984). “argue that they and their predecessors have established ownership of the land by: (1) more than 20 years adverse possession which establishes a common law presumption of a grant by the state; (2) seven years adverse possession coupled with recorded assurance of title (TCA §…”
Owen v. Summers, 97 S.W.3d 114 (Tenn. Ct. App. 2001). “Summers contends that the action is barred by the statutes of limitations found in T.C.A. § 28-2-101 and § 28-2-102, because the plaintiffs did not bring this action within seven years after July 11, 1989, the date Mr.”
Cooke v. Smith, 721 S.W.2d 251 (Tenn. Ct. App. 1986). “In order to vest title by virtue of adverse possession under color of title, assurance of title must be recorded in the register’s office for the county in which the land lies for a seven year period.”
Jansen v. Clayton, 816 S.W.2d 49 (Tenn. Ct. App. 1991). “There is no proof with respect to what dominion, control, and possession have been exercised by the Holleys or the Ryes.”
Cross v. McCurry, 859 S.W.2d 349 (Tenn. Ct. App. 1993). “1983) the supreme court, in addressing the applicable statute of limitations in adverse possession cases, said, at 682: T.C.A. § 28-2-101 and T.C.A. § 28-2-102 protects [sic] persons who are holding adversely under a color of title from suits to oust them from the entire…”
Twinton Props. P'ship v. Nidiffer (In Re Twinton Props. P'ship), 44 B.R. 426 (Bankr. M.D. Tenn. 1984). “§ 28-2-101 provides: *433 (a) Any person having had, by himself or those through whom he 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…”
Panter v. Miller, 698 S.W.2d 634 (Tenn. Ct. App. 1985). “We presume the Chancellor was referring to T.C.A. § 28-2-101.”
Uhlhorn v. Keltner, 637 S.W.2d 844 (Tenn. 1982). “T.C.A. §§ 28-2-101, 105. . The name of the surveyor is spelled variously in the record as “Gauss” or “Gause.”
Bynum v. Hollowell, 656 S.W.2d 400 (Tenn. Ct. App. 1983). “— On the other hand, any person, and those claiming under him neglecting for the said term of seven (7) years to avail themselves of the benefit of any title, legal or equitable, by action at law or in equity, effectually prosecuted against the person in possession, under…”
— Tenn. Code Ann. § 28-2-101(b) — 1 case
Peggy Mathes v. 99 Hermitage, LLC (Tenn. 2024).
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