Property Subject to Lien

  1. Law
  2. Tennessee Code
  3. Taxes and Licenses
  4. Property Taxes
  5. Tax Lien — Generally
  6. Property Subject to Lien

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  1. This lien shall extend to each and every part of all tracts or lots of land, and to every species of taxable property, notwithstanding any division or alienation thereof, or assessing or advertising the same in the name of persons not actually owners thereof at the time of the sale, or though the owner be unknown. However, there shall be no lien against leased personal property assessed to a lessee.
  2. Such taxes shall be a lien upon the fee in the property, and not merely upon the interest of the person to whom the property is or ought to be assessed, but to any and all other interests in the property, whether in reversion or remainder, or of lienors, or of any nature whatever. Notwithstanding this subsection (b), the lien does not attach to an easement appurtenant upon property that is a servient estate or to an easement in gross that was assessed separately from the property by either the county assessor of property or the office of state assessed properties in the office of the comptroller of the treasury.
  3. Where there is assessable under the law a leasehold interest in real estate or any improvements on real estate, under which such real estate is exempt from taxation in the hands of and to the owner thereof, the taxes assessed against such leasehold interest or interest in improvements on such exempt real estate shall be a lien only upon such leasehold interest or interest in improvements, and not upon the interest of the owner of the fee or the remainder or reversion of the fee.
  4. In all cases where a penalty is incurred for exercising a privilege without license, the interest that the person thus exercising the privilege without license has in the building shall be liable for the penalty, superior to all other claims; but the interest of the owner of the building shall not be liable, unless the owner is privy to the violation of law.
  5. The distress warrant authorized by law to be issued in such cases, if proceeded with to sale, shall operate as a writ of possession against the party exercising the privilege, without license.

Code 1858, § 555 (deriv. Acts 1803, ch. 3, § 3; 1813, ch. 98, § 3); Acts 1870, ch. 96, §§ 2, 3; 1907, ch. 602, §§ 1, 31; Shan., §§ 758, 758a1, 758a3, 759, 760; Code 1932, §§ 1330, 1331, 1333-1335; T.C.A., (orig. ed.), §§ 67-1802, 67-1803, 67-1805 — 67-1807; Acts 1990, ch. 1075, § 12; 2018, ch. 863, § 1.

Compiler's Notes. Acts 2018, ch. 863,  § 2 provided that the act, which amended this section, shall apply to property taxes that become delinquent on or after May 3, 2018.

Amendments. The 2018 amendment added the second sentence in (b).

Effective Dates. Acts 2018, ch. 863, § 2. May 3, 2018.

Textbooks. Tennessee Jurisprudence, 23 Tenn. Juris., Taxation, § 44.

Law Reviews.

Priority Conflicts Between Fixture Secured Creditors and Real Estate Claimants (Coburn Dewees Berry), 7 Mem. St. U.L. Rev. 209 (1976).


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