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In Tennessee, a deed must be acknowledged or proved and registered in order to be effective against third parties. While an unregistered deed may be valid between the parties, it does not protect the grantee against creditors or bona fide purchasers without notice unless it is properly recorded (Tenn. Code Ann. §§ 66-5-106; 66-26-103).

Registration and Validity

A conveyance of land must be in writing and acknowledged by the grantor—or proved by two subscribing witnesses under oath—and then registered in the office of the register of deeds in the county where the property lies (Tenn. Code Ann. § 66-5-106).

If land lies in more than one county, the instrument may be registered in either county; if multiple tracts lie in different counties, it should be registered in each county where any tract is situated (Tenn. Code Ann. § 66-24-103).

Instruments first registered or noted for registration generally take priority over earlier-dated instruments registered later, unless a court determines that the later registrant had full notice of the prior instrument (Tenn. Code Ann. § 66-26-105).

Forms of Conveyance

Tennessee permits various deed forms, including general warranty deeds, special warranty deeds, quitclaim deeds, and deeds of trust. Statutory forms provided in Tenn. Code Ann. § 66-5-103 may be used but are not mandatory.

A deed should contain a recital of the source of title from which the grantor received the equitable interest (Tenn. Code Ann. § 66-24-110).

Ownership and Capacity

Any person or entity with contractual capacity may acquire and convey real property in Tennessee. Aliens, whether resident or non-resident, may acquire, hold, and transfer real or personal property on the same basis as citizens (Tenn. Code Ann. §§ 66-2-101; 66-2-102). Religious organizations may hold property for worship, parsonage, or burial purposes (Tenn. Code Ann. § 66-2-201).

Execution and Proof

A deed must be acknowledged by the grantor or proved by two subscribing witnesses. If acknowledged outside Tennessee, it must comply with the statutory requirements of Tenn. Code Ann. § 66-22-103. An instrument executed by an authorized agent may be signed by the agent on behalf of the principal.

Criminal Penalty for Invalid Conveyance

Tennessee law imposes a criminal penalty for knowingly executing or recording a deed when the grantor has no legal or equitable interest to convey. Such conduct may constitute a Class A misdemeanor (Tenn. Code Ann. § 66-3-104).

Because Tennessee distinguishes between validity between the parties and protection against third parties, requires proper acknowledgment or proof, and ties priority to timely registration with the register of deeds, careful compliance with statutory formalities is essential to protect ownership rights.