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Do you own property in Tennessee? If so, you doubtless have neighbors. Keep reading to learn about the relevant state statutes with regard to common sources of neighbor disputes.
In Tennessee, if someone damages your tree, you can recover your actual damages (usually, what you paid for the tree or what it would cost to replace the tree). (To learn what you must prove in order to get actual damages, see When a Neighbor Damages or Destroys Your Tree.) In some states, specific laws allow you to recover additional damages if someone deliberately damages your tree. To find out whether Tennessee has such a statute, check the table below. The table will also tell you the amount you can sue for (the number is usually represented as a multiple of your actual damages).
In addition, intentionally damaging a tree is a crime in some states and can result in arrest, jail, fines, and other penalties. Check the table below to find out if there's a Tennessee criminal statute on causing intentional damage to a tree. If Tennessee does not have such a law, general Tennessee criminal statutes, such as those related to theft or property damage, may still apply. (To learn more about damages and criminal penalties in tree injury cases, see Nolo's article When a Neighbor Damages or Destroys Your Tree.)
Additional Damages and Criminal Penalties for
Intentional Damage to Trees in Tennessee
Tennessee Statute for Additional Damages
Additional Amount You Can Sue for in Tennessee
Tennessee Criminal Statute
Tenn. Code Ann. § 43-28-312
A boundary fence is a fence that is located on or near a property line, though the exact definition can vary by state. Sometimes even a hedge can act as a boundary. To learn more about boundary fences, including how they are defined, when a neighbor is allowed to build a boundary fence, and who is responsible for repairs and maintenance, see Nolo's Fences and Neighbors FAQ.
To find Tennessee's boundary fence statutes, see the table "Boundary Fence Statutes," below. If your state does not have a specific law defining and regulating boundary fences, there might be a local ordinance (in your city, county, or town) that has rules on boundary fences.
Tennessee Boundary Fence Statute
Tenn. Code Ann. § 44-8-202
All states have enacted laws that exempt farmers and other agricultural operators from complying with run-of-the-mill nuisance laws -- laws that restrict certain kinds of noisy activity like operation of heavy machinery, or prohibit the use of pesticides, for example. States vary as to how "farming" is defined and how long the agricultural operation must be in existence in order to get protection under right to farm statutes. Some states also list specific things (for example, odor, noise, or dust) that don't constitute a legal nuisance when they're a byproduct of farming or agricultural activity. You can find Tennessee's right to farm statute in the table below. (To learn more about right to farm statutes, see Rural Neighbors and the Right to Farm.)
Tennessee Right to Farm Statutes
Tenn. Code Ann. § § 44-18-101 through 104; 43-26-103 and 104
For other Nolo articles on neighbor disputes involving adverse possessions and easements, see Adverse Possession: When Trespassers Become Property Owners and Easements: Overview.
To learn more about the property issues covered in this article and other disputes between landowners and neighbors, get Neighbor Law: Fences, Trees, Boundaries & Noise, by the Editors of Nolo.