2299 Union Avenue  ·  Memphis, Tennessee 38104
    
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      Brooks Law Firm
      Attorneys at Law  ·  Memphis, TN
    
    
  



  
Real Estate Disputes in Memphis & Shelby County
  

  
Contested sales, boundaries, titles, life estates, and landlord–tenant matters — representation for the kinds of property disputes that end up in a Tennessee Chancery or Circuit Court.
  

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    Home  ›  Practice Areas  ›  Real Estate Disputes
  



  

    
When a Property Disagreement Becomes a Case
    

    
Real estate disputes are rarely minor. Land, homes, and commercial buildings are usually the most valuable assets a person or business owns, and a disagreement over ownership, boundaries, or the terms of a sale can affect insurance, lending, and the ability to use or transfer the property for years. Brooks Law Firm represents property owners, purchasers, sellers, heirs, landlords, and tenants in contested real estate matters throughout Memphis, Shelby County, and the surrounding West Tennessee area.
    
Many of these disputes belong in Chancery Court — Tennessee's court of equity — where claims for specific performance, rescission, declaratory judgment, quiet title, and reformation of instruments are heard. Others belong in Circuit Court or General Sessions. Choosing the right forum, and framing the claims correctly from the outset, can meaningfully affect the outcome.
    

      "Real property carries legal memory. Every deed, every unrecorded agreement, every handshake eventually finds its way back into the chain of title — which is why getting the pleadings and the relief right the first time matters so much."
    
    
Property Disputes We Handle
    

    

      

        
Breach of Real Estate Contracts
        
Disputes over purchase and sale agreements, earnest money, financing contingencies, inspection and disclosure obligations, and failures to close — including claims for specific performance and rescission.
      
      

        
Fraud & Misrepresentation in Real Estate
        
Claims involving intentional or negligent misrepresentation about the condition or status of property, fraudulent concealment of defects, and issues under the Tennessee Residential Property Disclosure Act (Tenn. Code Ann. § 66-5-201 et seq.).
      
      

        
Statute of Frauds Issues
        
Questions about the enforceability of oral or informal agreements concerning the sale or transfer of land under Tennessee's Statute of Frauds (Tenn. Code Ann. § 29-2-101), including partial performance and equitable estoppel arguments.
      
      

        
Life Estate & Remainder Disputes
        
Disputes between life tenants and remaindermen, issues of waste, reservation of life estates in deeds, and competing claims arising from informal family transfers of real property.
      
      

        
Boundary & Easement Disputes
        
Boundary line disagreements, encroachments, prescriptive easements, easements by necessity, disputes involving recorded easements, and actions to establish or remove easements of record.
      
      

        
Quiet Title & Chain of Title
        
Actions to quiet title, correct defective or scrivener's-error deeds, resolve competing claims of ownership, and address title issues arising from foreclosures, tax sales, or inherited property.
      
      

        
Adverse Possession
        
Claims and defenses under Tennessee's adverse possession doctrines, including the seven-year color-of-title statute and the twenty-year common-law rule.
      
      

        
Partition Actions
        
Actions to partition co-owned real property among heirs, family members, or former business partners, including partition in kind and partition by sale under Tenn. Code Ann. § 29-27-101 et seq.
      
      

        
Landlord–Tenant Disputes
        
Residential and commercial lease disputes, including forcible entry and detainer (eviction) actions, security deposit disputes, and commercial lease defaults under the Uniform Residential Landlord and Tenant Act and common-law lease principles.
      
      

        
Construction & Mechanic's Lien Matters
        
Disputes arising out of residential and commercial construction contracts, and claims or defenses under Tennessee's mechanic's and materialman's lien statutes (Tenn. Code Ann. § 66-11-101 et seq.).
      
    
    
Common Legal Issues in Tennessee Property Disputes
    

    
The Statute of Frauds
    
Contracts for the sale of land, leases longer than one year, and certain other agreements concerning real property must generally be in writing and signed by the party to be charged. Whether a writing is sufficient — and whether partial performance or equitable estoppel can take an oral agreement outside the statute — is often the central issue in a real estate case.
    
Equitable Estoppel
    
Tennessee courts recognize that a party may be precluded from asserting legal rights where the party has, by conduct or representation, induced another to change position in reliance on those representations. In real property disputes, equitable estoppel can be a powerful argument — on either side — and its application depends closely on the facts.
    
Specific Performance
    
Because each parcel of land is legally considered unique, specific performance — an order requiring a party to perform a contract — is an available remedy in many Tennessee real estate disputes where money damages would be inadequate.
    
Disclosure Obligations
    
The Tennessee Residential Property Disclosure Act generally requires a seller of residential real property to provide a written disclosure of known defects. Failure to do so, or a misleading disclosure, can give rise to claims by the buyer — although the Act also contains important limitations and defenses.
    
Life Estates and Remainder Interests
    
A life estate gives the life tenant the right to use the property during their lifetime, with a remainder interest passing to another party at death. These interests arise frequently in Tennessee deeds and wills, and disputes often involve questions of waste, the duty to maintain and insure the property, and the rights of the parties to sell or encumber the interest.
    
Where Real Estate Cases Are Heard
    

    
Most contested real estate matters in Shelby County are filed in one of the following courts:
    

      
Chancery Court of Shelby County — the court of equity. Actions for quiet title, specific performance, rescission, reformation of deeds, partition, declaratory judgment, and most disputes over real property rights are commonly filed here.
      
Circuit Court of Shelby County — for claims principally seeking money damages, including many fraud and breach-of-contract claims arising from real estate transactions.
      
General Sessions Court — the ordinary forum for forcible entry and detainer (eviction) actions and smaller property claims.
      
Probate Court of Shelby County — for disputes over real property arising in the administration of an estate.
    
    
Working With Brooks Law Firm
    

    
Brooks Law Firm is a Memphis-based practice serving clients across Shelby County and the surrounding area. The firm's attorneys — Robert Brooks, Patrick Brooks, and Beth Brooks — handle each matter personally, and clients work directly with their attorney from the first consultation through the conclusion of the case. Spanish-language services are available. Consultations may be arranged in person at our Union Avenue office or by telephone.