Tennessee Squatters Rights: Adverse Possession and Removing Occupants

By TenantLoop teamUpdated 2 min read

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General information, not legal advice. Landlord-tenant rules change, and cities and counties can add their own. Check the current statute and local ordinances, and talk to a licensed attorney before you act.

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The short version

  • Someone who holds land for 7 years under a recorded deed or similar document can gain title; claims without such a document take longer.
  • The shorter 7 year period requires possession under an assurance of title such as a recorded deed.
  • An owner can file a detainer warrant, and a 2024 law lets a property owner ask the sheriff to remove an unauthorized occupant of a residence after a sworn complaint when the person was never a tenant.

Tennessee allows an adverse possession claim after 7 years for someone holding under a recorded deed or similar document. Owners can also use a detainer warrant to remove an occupant, and a 2024 law added a sheriff process for unauthorized occupants.

Tennessee squatters rights at a glance

RuleTennesseeLaw
Adverse possession periodSomeone who holds land for 7 years under a recorded deed or similar document can gain title; claims without such a document take longer.Tenn. Code Ann. 28-2-101
Claim under a document (color of title)The shorter 7 year period requires possession under an assurance of title such as a recorded deed.Tenn. Code Ann. 28-2-101
How owners remove occupantsAn owner can file a detainer warrant, and a 2024 law lets a property owner ask the sheriff to remove an unauthorized occupant of a residence after a sworn complaint when the person was never a tenant.Tennessee forcible entry and detainer law and 2024 unauthorized occupant law

Adverse possession

An occupant can gain title only after a long period of open, continuous possession without the owner’s permission, and only by meeting every condition the law sets.

Adverse possession period. Someone who holds land for 7 years under a recorded deed or similar document can gain title; claims without such a document take longer. (Tenn. Code Ann. 28-2-101)

Claim under a document (color of title). The shorter 7 year period requires possession under an assurance of title such as a recorded deed. (Tenn. Code Ann. 28-2-101)

Removing an unauthorized occupant

How owners remove occupants. An owner can file a detainer warrant, and a 2024 law lets a property owner ask the sheriff to remove an unauthorized occupant of a residence after a sworn complaint when the person was never a tenant. (Tennessee forcible entry and detainer law and 2024 unauthorized occupant law)

Where the case is filed. Eviction cases begin with a detainer warrant, usually filed in the general sessions court of the county where the property is located. (Tenn. Code Ann. title 29, chapter 18 (forcible entry and detainer))

Why force backfires

Removing an occupant by force can expose an owner to liability, especially if the occupant claims to be a tenant.

Self-help eviction. In covered counties a landlord may not take possession by locking out the tenant or cutting off electric, gas, water or other essential services, and a tenant who is ousted can recover possession or end the lease with damages and attorney fees. (Tenn. Code Ann. 66-28-504 and 66-28-511)

Protecting a vacant property

Visit vacant properties on a schedule, keep them locked and lit, post no trespassing signs where allowed, and act quickly when someone moves in. Do not accept money from an occupant, because rent can look like a tenancy.

Mistakes to avoid

  • Waiting months to act after someone moves in.
  • Changing locks or removing belongings yourself.
  • Accepting rent or utility payments from the occupant.
  • Leaving a vacant property unchecked for long stretches.
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Verify current law

We last checked these Tennessee rules on . Laws change and cities can add their own, so confirm the current text before you rely on it, and talk to a Tennessee attorney about your situation.

Laws named on this page

  • Tenn. Code Ann. 28-2-101
  • Tennessee forcible entry and detainer law and 2024 unauthorized occupant law
  • Tenn. Code Ann. title 29, chapter 18 (forcible entry and detainer)
  • Tenn. Code Ann. 66-28-504 and 66-28-511

Official sources

Tennessee forms for this topic

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Letters and checklists for this topic

Asked by landlords in this state.

How long does adverse possession take in Tennessee?

Someone who holds land for 7 years under a recorded deed or similar document can gain title; claims without such a document take longer. Source: Tenn. Code Ann. 28-2-101.

How does an owner remove a squatter in Tennessee?

An owner can file a detainer warrant, and a 2024 law lets a property owner ask the sheriff to remove an unauthorized occupant of a residence after a sworn complaint when the person was never a tenant. Source: Tennessee forcible entry and detainer law and 2024 unauthorized occupant law.

TenantLoop team · reviewed

Written by the team building TenantLoop. Our guides are general information for landlords and property managers; check current law and talk to a qualified professional before you act.