Terms Used In Tennessee Code > Title 29 > Chapter 27 - Partition

• Advertise: means to establish an outdoor display by painting, pasting, or affixing on any surface, a picture, emblem, word, figure, numeral, or lettering for the purpose of making anything known. See Tennessee Code 54-17-103
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Agriculture: means :
  (i) The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Ascendant: means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual. See Tennessee Code 29-27-302
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attorney general: means the attorney general and reporter and any assistant thereto by whatever name known, any district attorney general and any assistant thereto by whatever name called, and any officer or full-time employee of the general assembly or any committee thereof established by statute, who is duly licensed to practice law in Tennessee, whose duty it is to provide facilities for drafting bills or to assist individual legislators in drafting bills or who renders legal advice and services to the members of the general assembly or committees thereof. See Tennessee Code 8-34-101
• Automobile graveyard: means any establishment or place of business that is maintained, used or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts. See Tennessee Code 54-20-103
• Automobile graveyard: means any lot or place that is exposed to the weather and upon which more than five (5) motor vehicles of any kind, incapable of being operated, and that it would not be economically practical to make operative, are placed, located or found. See Tennessee Code 54-20-201
• Board: means the board of adjustment required by this part, a board of zoning appeals designated to act as a board of adjustment, a county board of adjustment, and a municipal board of adjustment. See Tennessee Code 54-18-201
• board: means the board provided for in part 3 of this chapter. See Tennessee Code 8-34-101
• Building: means any building, structure or improvement of any kind or part of the building, structure or improvement that through erection, construction, reconstruction, addition or alteration in any manner becomes a part of the realty. See Tennessee Code 54-18-201
• Chambers: A judge's office.
• Changeable message sign: means an outdoor advertising device that displays a series of messages at intervals by means of digital display or mechanical rotating panels. See Tennessee Code 54-21-102
• Chief executive: means the mayor of a municipality and the county mayor. See Tennessee Code 54-18-201
• Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
• Collateral: means an individual who is related to another individual under the law of intestate succession of this state but who is not the other individual's ascendant or descendant. See Tennessee Code 29-27-302
• Commissioner: means the commissioner of transportation. See Tennessee Code 54-18-201
• Commissioner: means the commissioner of transportation. See Tennessee Code 54-5-103
• Commissioner: means the commissioner of transportation. See Tennessee Code 54-20-103
• Commissioner: means the commissioner of transportation or the commissioner's designee. See Tennessee Code 54-21-102
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Compensation: means the exchange of anything of value, including money, securities, real property interests, personal property interests, goods or services, promise of future payment, or forbearance of debt. See Tennessee Code 54-21-102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conforming: means an outdoor advertising device that was permitted under and conforms to the zoning, size, lighting, and spacing criteria established in accordance with either the current agreement entered into between the commissioner and the secretary of transportation of the United States on or about October 18, 1984, or the original agreement entered into on or about November 11, 1971, as authorized in §. See Tennessee Code 54-21-102
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• County: means , with respect to residency requirements of officers or to territorial jurisdiction, the area within the county outside municipalities. See Tennessee Code 54-18-201
• County mayor: means and includes "county executive" unless the context clearly indicates otherwise. See Tennessee Code 1-3-105
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the department of transportation. See Tennessee Code 54-5-103
• Department: means the department of transportation. See Tennessee Code 54-20-103
• Department: means the department of transportation. See Tennessee Code 54-21-102
• Descendant: means an individual who follows another individual in lineage, in the direct line of descent from the other individual. See Tennessee Code 29-27-302
• Determination of value: means a court order determining the fair market value of heirs property under §. See Tennessee Code 29-27-302
• Devise: To gift property by will.
• Digital display: means a type of changeable message sign that displays a series of messages at intervals through the electronic coding of lights or light emitting diodes or any other means that does not use or require mechanical rotating panels. See Tennessee Code 54-21-102
• Donor: The person who makes a gift.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Erect: means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish, but does not apply to changes of copy treatment on an existing outdoor advertising device. See Tennessee Code 54-21-102
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Facility: means a commercial or industrial facility, or other facility open to the public, that operates with regular business hours on a year-round basis within a building or defined physical space, which may include a structure other than a building, together with any immediately adjacent parking areas. See Tennessee Code 54-21-102
• Facility: means a commercial or industrial facility, or other facility open to the public, that operates with regular business hours on a year-round basis within a building or defined physical space, which may include a structure other than a building, together with any immediately adjacent parking areas. See Tennessee Code 54-17-103
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Forbearance: A means of handling a delinquent loan. A
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Heirs property: means real property held in tenancy in common that satisfies all of the following requirements as of the filing of a partition action:
  (A) There is no agreement in a record binding all the cotenants that governs the partition of the property. See Tennessee Code 29-27-302
• Highway: means any public way or part of the public way, including, but not limited to, a street, avenue, highway, or road. See Tennessee Code 54-18-201
• Highway: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Interstate system: means that portion of the national system of interstate and defense highways, located within this state, as officially designated, or as may hereafter be designated, by the commissioner, and approved by the secretary of transportation of the United States, pursuant to title 23 of the United States Code. See Tennessee Code 54-21-102
• Intestate: Dying without leaving a will.
• Junk: means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste, or junked, dismantled or wrecked automobiles, or parts of junked, dismantled or wrecked automobiles, iron, steel, and other old or scrap ferrous or nonferrous material. See Tennessee Code 54-20-103
• Junkyard: includes scrap metal processors, used auto parts yards, yards providing temporary storage of automobile bodies or parts awaiting disposal as a normal part of the business operation, when the business will continually have like materials located on the premises, garbage dumps and sanitary landfills. See Tennessee Code 54-20-103
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
• Legislative body: means the board or body in which the general legislative powers of a county or municipality are vested. See Tennessee Code 54-18-201
• Lien: A claim against real or personal property in satisfaction of a debt.
• Main traveled way: means the traveled way of a highway on which through traffic is carried. See Tennessee Code 54-20-103
• Main traveled way: means the traveled way of a highway on which through traffic is carried. See Tennessee Code 54-21-102
• Medical advisors: means the physicians, companies, or organizations provided for in part 4 of this chapter. See Tennessee Code 8-34-101
• Member: means any person included in the membership of the retirement system, as provided in chapter 35, part 1 of this title. See Tennessee Code 8-34-101
• Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
• Month: means a calendar month. See Tennessee Code 1-3-105
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Municipality: means an incorporated city or town. See Tennessee Code 54-18-201
• Nonconforming: means an outdoor advertising device that does not conform to the zoning, size, lighting, or spacing criteria established by and in accordance with either the current agreement entered into between the commissioner and the secretary of transportation of the United States, or in accordance with the original agreement entered into on or about November 11, 1971, as authorized in §. See Tennessee Code 54-21-102
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• On-premises device: means a sign:
  (A) That is located within fifty feet (50') of, and on the same parcel of property and on the same side of the highway as, the facility that owns or operates the sign or within fifty feet (50') of, and on the same parcel of property and on the same side of the highway as, the entrance to the parcel of property upon which two (2) or more facilities are located. See Tennessee Code 54-21-102
• On-premises device: means a sign:
  (A) That is located within fifty feet (50') of, and on the same parcel of property and on the same side of the highway as, the facility that owns or operates the sign or within fifty feet (50') of, and on the same parcel of property and on the same side of the highway as, the entrance to the parcel of property upon which two (2) or more facilities are located. See Tennessee Code 54-17-103
• Ordinance: means the form of action of the municipal legislative body in exercising the powers under this part. See Tennessee Code 54-18-201
• Partition by sale: means a court-ordered sale of the entire heirs property, whether by auction, sealed bids, or open-market sale conducted under §. See Tennessee Code 29-27-302
• Partition in kind: means the division of heirs property into physically distinct and separately titled parcels. See Tennessee Code 29-27-302
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
• Person: means and includes an individual, a partnership, an association, a corporation, or other entity. See Tennessee Code 54-21-102
• Personal property: includes money, goods, chattels, things in action, and evidences of debt. See Tennessee Code 1-3-105
• Personal property: All property that is not real property.
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Planning commission: means the duly constituted planning commission of the county or municipality. See Tennessee Code 54-18-201
• Primary system: means that portion of connected main highways, as officially designated, or as may hereafter be so designated, by the Tennessee department of transportation, and approved by the United States secretary of transportation, pursuant to title 23 of the United States Code. See Tennessee Code 54-20-103
• Primary system: means that portion of connected main highways, located within this state, as officially designated, or as may hereafter be designated by the commissioner, and approved by the secretary of transportation of the United States, pursuant to title 23 of the United States Code, including highways designated as part of the national highway system and highways formerly designated as part of the federal-aid primary system. See Tennessee Code 54-21-102
• Property: includes both personal and real property. See Tennessee Code 1-3-105
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: include lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Tennessee Code 29-27-302
• Recycling center: means an establishment, place of business, facility or building that is maintained, operated, or used for the storing, keeping, buying or selling of newspaper or used food or beverage containers for the purpose of converting those items into a usable product. See Tennessee Code 54-20-103
• Relative: means an ascendant, descendant, or collateral or an individual otherwise related to another individual by blood, marriage, adoption, or law of this state other than this part. See Tennessee Code 29-27-302
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
• Resolution: means the form of action of the county legislative body in exercising the powers under this part. See Tennessee Code 54-18-201
• Retirement: means withdrawal from membership with a retirement allowance granted under chapters 34-37 of this title. See Tennessee Code 8-34-101
• Road: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
• Safety rest area: means an area or site established and maintained within or adjacent to the right-of-way by or under public supervision or control, for the convenience of the traveling public. See Tennessee Code 54-21-102
• Scenic highway: means any highway, road, or sections of the highway or road designated as a scenic highway from time to time by the general assembly under this part. See Tennessee Code 54-17-103
• Service of process: The service of writs or summonses to the appropriate party.
• Sign: means an outdoor sign, light, display, device, figure, painting, drawing, message, placard, poster, billboard, or other thing which is designed, intended, or used to advertise or inform any part of the advertising or informative contents of which is visible from any place on the main traveled way of an interstate system or primary system. See Tennessee Code 54-21-102
• Sign: means an outdoor sign, light, display, device, figure, painting, drawing, message, placard, poster, billboard, or other thing which is designed, intended, or used to advertise or inform any part of the advertising or informative contents of which is visible from any place on the main traveled way of an interstate system or primary system. See Tennessee Code 54-17-103
• signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
• Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it.
• State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• Summons: Another word for subpoena used by the criminal justice system.
• Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Traveled way: means the portion of a roadway for the movement of vehicles, exclusive of shoulders. See Tennessee Code 54-21-102
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• Utility signs: means warning signs, notices, or markers that are customarily erected and maintained for operational and public safety purposes by publicly or privately owned utilities, railroads, ferries, airports, or other entities that provide utility or transportation services. See Tennessee Code 54-21-102
• Verdict: The decision of a petit jury or a judge.
• Visible: means capable of being seen, whether or not readable, without visual aid by a person of normal visual acuity. See Tennessee Code 54-21-102
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
• Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105