Tennessee Code Annotated

Tenn. Code Ann. § 28-3-114 (2026)

Actions for faulty surveying

✓ current as of May 2026

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(a) All actions to recover damages against any person engaged in the practice of surveying for any deficiency, defect, omission, error or miscalculation shall be brought within four (4) years from the date the survey is recorded on the plat. Any such action not instituted within this four (4) year period shall be forever barred. The cause of action in such cases shall accrue when the services are performed.

(b) "Practice of land surveying" as used in this section includes, but is limited to, those activities set forth in § 62-18-102(3), and the establishment or reestablishment of corners, boundaries, and locations of lots, parcels, tracts, or divisions of land, including distances, directions, and acreage, or fractional parts thereof; and also including, but not limited to, the correct determination and description of the same for the purpose of furnishing a legal description of any land surveyed to be used in deeds or other instruments of conveyances for the purpose of conveying title to the area surveyed.

Acts 1980, ch. 811, § 2; T.C.A., § 28-319.

Notes of Decisions

Cited in 10 cases, 1982–2013 · leading case: Island Props. Assocs. v. The Reaves Firm, Inc., d/b/a Reaves, Sweeney, & Marcum, 413 S.W.3d 392 (Tenn. Ct. App. 2013).

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Island Props. Assocs. v. The Reaves Firm, Inc., d/b/a Reaves, Sweeney, & Marcum, 413 S.W.3d 392 (Tenn. Ct. App. 2013). · cites it 31× “5, 2005), this Court specifically held that Tennessee Code Annotated Section 28-3-114 is a statute of repose: The defendants argue that Tenn.Code Ann. § 28-3-114 is a statute of repose and not a statute of limitations.”

Klinger v. Kightly, 791 P.2d 868 (Utah 1990). · cites it 2× “1989) (four years from date of discovery but in no event later than twenty-one years); Tenn. Code Ann. § 28-3-114 (1980) (four years from the date survey is recorded on plat); Tex.”

Douglas v. Williams, 857 S.W.2d 51 (Tenn. Ct. App. 1993). · cites it 6× “On October 5, 1990, Sanders answered, denying that he was ever employed to ascertain the final location of the improvements under construction, denying negligence, and asserting the statute of limita *53 tions, T.C.A. § 28-3-114 which reads in pertinent part as follows: Actions…”

Raffel v. Perley, 437 N.E.2d 1082 (Mass. App. Ct. 1982). “5839 (1968); Tenn. Code Ann. § 28-3-114 (1980); Wash. Rev.”

Damron v. Media Gen., Inc., 3 S.W.3d 510 (Tenn. Ct. App. 1999). · cites it 2× “§ 28-3-202, and a four year statute of repose for a faulty survey, Tenn.Code Ann. § 28-3-114(a)(running from the date the survey is recorded on the plat.”

Brian Dale, single, Brian Lawhorn & wife, Pamela Lawhorn & William Jenkins & wife, Elaine Jenkins v. B & J Enter. (Tenn. Ct. App. 2012). · cites it 82× “In that case, the Court explained that prior to 1980, when the surveyor statute, Tenn. Code Ann. § 28-3-114 , was passed, only one statute placed a time limitation on actions against surveyors, and that was the statute that is now known as § 28-3-202.”

Timothy Wannamaker v. Tom B. Thaxton d/b/a Thaxton Surveying (Tenn. Ct. App. 2011). · cites it 22× “The trial court granted surveyor’s motion to dismiss based on the application of the three-year statute of limitation found in Tenn. Code Ann. § 28-3-105 . Landowner appealed, arguing that the limitation period is four years based on Tenn.”

Anthony Myers v. Allen Bryan, III (Tenn. Ct. App. 2001). · cites it 22× “Thereafter, Ragan-Smith filed a motion for summary judgment asserting that Bryan’s cause of action was barred by the four-year statute of repose for surveying errors set forth in T.C.A. § 28-3-114. The trial court granted Ragan- Smith’s motion, finding “that there is no genuine…”

Curtis Meredith v. Cruthchfield Surveys (Tenn. Ct. App. 2005). · cites it 20× “Tenn. Code Ann. § 28-3-114 (a) (2000) provides as follows: All actions to recover damages against any person engaged in the practice of surveying for any deficiency, defect, omission, error or miscalculation shall be brought within four (4) years from the date the survey is…”

Olanda Carter v. R.J. Reynonlds (Tenn. Ct. App. 2000). · cites it 2× “§ 28-3-202, and for faulty survey, T.C.A. § 28-3-114(a), include a tolling feature triggered by fraudulent concealment.”

— Tenn. Code Ann. § 28-3-114(1980) — 1 case

Klinger v. Kightly, 791 P.2d 868 (Utah 1990). “1989) (four years from date of discovery but in no event later than twenty-one years); Tenn. Code Ann. § 28-3-114 (1980) (four years from the date survey is recorded on plat); Tex.”

— Tenn. Code Ann. § 28-3-114(a) — 6 cases

Island Props. Assocs. v. The Reaves Firm, Inc., d/b/a Reaves, Sweeney, & Marcum, 413 S.W.3d 392 (Tenn. Ct. App. 2013). “5, 2005), this Court specifically held that Tennessee Code Annotated Section 28-3-114 is a statute of repose: The defendants argue that Tenn.Code Ann. § 28-3-114 is a statute of repose and not a statute of limitations.”

Damron v. Media Gen., Inc., 3 S.W.3d 510 (Tenn. Ct. App. 1999). “§ 28-3-202, and a four year statute of repose for a faulty survey, Tenn.Code Ann. § 28-3-114(a)(running from the date the survey is recorded on the plat.”

Brian Dale, single, Brian Lawhorn & wife, Pamela Lawhorn & William Jenkins & wife, Elaine Jenkins v. B & J Enter. (Tenn. Ct. App. 2012). “In that case, the Court explained that prior to 1980, when the surveyor statute, Tenn. Code Ann. § 28-3-114 , was passed, only one statute placed a time limitation on actions against surveyors, and that was the statute that is now known as § 28-3-202.”

Anthony Myers v. Allen Bryan, III (Tenn. Ct. App. 2001). “Thereafter, Ragan-Smith filed a motion for summary judgment asserting that Bryan’s cause of action was barred by the four-year statute of repose for surveying errors set forth in T.C.A. § 28-3-114. The trial court granted Ragan- Smith’s motion, finding “that there is no genuine…”

Olanda Carter v. R.J. Reynonlds (Tenn. Ct. App. 2000). “§ 28-3-202, and for faulty survey, T.C.A. § 28-3-114(a), include a tolling feature triggered by fraudulent concealment.”

— Tenn. Code Ann. § 28-3-114(b) — 2 cases

Curtis Meredith v. Cruthchfield Surveys (Tenn. Ct. App. 2005). “Tenn. Code Ann. § 28-3-114 (a) (2000) provides as follows: All actions to recover damages against any person engaged in the practice of surveying for any deficiency, defect, omission, error or miscalculation shall be brought within four (4) years from the date the survey is…”

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