Recording & Title in Tennessee: Register of Deeds

Tennessee deeds are recorded with the county register of deeds. Tennessee is a notice-type recording state: an unregistered instrument is null and void as to creditors and bona-fide purchasers without notice. Among recorded instruments, priority generally follows the order of recording, so recording promptly protects your interest.

This is general information, not legal advice. Tennessee recording rules decide whose interest wins — confirm the current rule on the official source below, or talk to a Tennessee attorney.

Recording is what turns a private transaction into a public, protected interest. In Tennessee, getting to the record office promptly matters.

Where deeds are recorded

Tennessee deeds and other property instruments are recorded with the county register of deeds. Recording there enters the instrument into the public record and puts others on notice of your interest.

Tennessee is a notice-type recording state (§ 66-26-103)

Under T.C.A. § 66-26-103, an unregistered instrument is null and void as to creditors and bona-fide purchasers without notice. In practice:

A buyer or lender who takes the property without notice of a prior unrecorded interest can defeat that earlier interest.
Among recorded instruments, priority generally follows the order of recording.

The takeaway: recording promptly protects your interest. A delay can let a later, recorded claim jump ahead of yours.

Where to go next

Before an instrument can be recorded, it has to meet Tennessee’s signing and acknowledgment rules — see buying and selling a home. Condo declarations and HOA covenants live in this same public record — see condos and HOAs. For more statewide property basics, see the real estate hub.

To get matched with a local Tennessee real estate attorney, connect with a lawyer.

Frequently asked questions

Where are deeds recorded in Tennessee?

With the county register of deeds. Recording an instrument there puts the public on notice of your interest in the property.

What happens if a Tennessee deed isn't recorded?

Tennessee is a notice-type recording state: an unregistered instrument is null and void as to creditors and bona-fide purchasers without notice (T.C.A. § 66-26-103).

How is priority decided among recorded Tennessee instruments?

Priority generally follows the order of recording, so recording promptly helps protect your interest against later claims (T.C.A. § 66-26-103).

Related guides

Buying & Selling a Home in Tennessee: Disclosure & Deeds Under Tennessee's Residential Property Disclosure Act, the seller of residential property (1–4 units) generally must give the buyer a residential property disclosure statement describing the property's known condition and defects — or, where allowed, an 'as is' disclaimer. The disclosure is not a warranty and not a substitute for an inspection. To be recorded, a deed must be signed and either acknowledged before a notary or proved by two subscribing witnesses.

How to Hold Title in Tennessee: Survivorship & Entirety Tennessee co-owners hold title as tenants in common (the default) or with a right of survivorship. Tennessee has abolished automatic survivorship in joint tenancy, so survivorship exists only if the deed expressly creates it; otherwise co-owners take as tenants in common. Tennessee does recognize tenancy by the entirety for married couples, which carries survivorship and creditor-protection features.

Tennessee Condos & HOAs: The Condominium Act Tennessee condominiums are governed by Title 66, Chapter 27 — including the Tennessee Condominium Act of 2008, which covers creation, unit-owner associations, and residential disclosure requirements. Older buildings may fall under the earlier Horizontal Property Act. Homeowners' associations operate under their recorded covenants.

Tennessee Evictions: FED, the 14-Day Notice & Court A Tennessee eviction is a forcible entry and detainer (unlawful detainer) action, usually filed in general sessions court. Under the URLTA, for nonpayment of rent a landlord may give a 14-day notice — if the rent isn't paid within 14 days of receipt, the rental agreement terminates. Self-help eviction is not allowed; the landlord must use the court process.

Tennessee Landlord–Tenant Rules: URLTA & Deposits Tennessee's Uniform Residential Landlord and Tenant Act (URLTA) applies only in counties with a population over 75,000; smaller counties follow common-law and lease terms. Where the URLTA applies and a landlord requires a security deposit, the landlord must hold it in a separate account used only for deposits and tell the tenant where it is kept.