TCA § 66-11-129 — Right of removal from lands of persons under disability
AI-assisted research summary: The right of removal applies on the same terms as other superior-title or lien cases when the contractor worked in excusable ignorance of others’ rights.
The right of removal provided in § 66-11-128 shall apply on like terms and in like manner as in other cases of superior titles or liens, when the work was done by the prime contractor or remote contractor in excusable ignorance of the rights of such persons. Acts 1899, ch. 103, § 2; Shan., § 3534; mod. Code 1932, § 7921; T.C.A. (orig. ed.), § 64-1129; Acts 2007, ch. 189, § 28. Textbooks. Tennessee Jurisprudence, 18 Tenn. Juris., Mechanics' Liens, § 28. NOTES TO DECISIONS 1. “Superior Titles or Liens” — Meaning. 2. Ignorance of Superior Title — Necessity. 3. Lienor's Notice of Lessor's Title and Rights. 4. Lessor's Notice of Improvements. 1. “Superior Titles or Liens” — Meaning. The expression “superior titles or liens” must necessarily include the title of the lessor. Thomas & Turner v. National Conservation Exposition Co., 137 Tenn. 1, 191 S.W. 348, 1916 Tenn. LEXIS 48 (1916). 2. Ignorance of Superior Title — Necessity. When it is given its proper effect, the statute limits the right of removal to those acting in ignorance of the “superior title.” Thomas & Turner v. National Conservation Exposition Co., 137 Tenn. 1, 191 S.W. 348, 1916 Tenn. LEXIS 48 (1916). 3. Lienor's Notice of Lessor's Title and Rights. Under a lease providing that all improvements shall be the property of the lessor at the expiration of the lease, and that the property shall not be subjected to any lien for improvements, the maker of improvement for the lessee or his assignee, with knowledge of the lessor's title and rights, was not entitled to remove such improvements. Thomas & Turner v. National Conservation Exposition Co., 137 Tenn. 1, 191 S.W. 348, 1916 Tenn. LEXIS 48 (1916). 4. Lessor's Notice of Improvements. The fact that the president of the lessor company was an officer and director of the lessee company and knew of the work being done by those claiming the lien did not adversely affect the rights of the lessor company, where its president did nothing to mislead the claimants of such liens, and his action was consistent with the lease contract with the lessees. Thomas & Turner v. National Conservation Exposition Co., 137 Tenn. 1, 191 S.W. 348, 1916 Tenn. LEXIS 48 (1916). Improvements are made on leasehold property with knowledge of the estate and rights of the lessor, where the leases under which the lessees were operating were of record in the county; and no right of removal exists. Thomas & Turner v. National Conservation Exposition Co., 137 Tenn. 1, 191 S.W. 348, 1916 Tenn. LEXIS 48 (1916).