Marshall County Directory

County Department	Director	E-mail	Phone
Accounts & Budget Dept.	Freda Terry	mcbuddirector@vcourthouse.net	931-359-2300
Agriculture Extension Soil Conservation Office	Rick Skillington	rskillin@utk.edu http://marshall.tennessee.edu/ http://marshallscd.wordpress.com/	931-359-1929
Ambulance Service	Jamie Whorley		931-359-6394
Animal Control Office			931-359-5948
Assessor of Property	Linda Haislip	Linda.Haislip@state.tn.us	931-359-3238
Building/Codes Inspector	Don Nelson	Don.Nelson@vcourthouse.net	931-359-0567
Circuit Court Clerk	Elinor Foster	TN57CC001@smtpaoc.tsc.state.tn.us	931-359-0536
Clerk & Master	Tommy Higdon	thomashigdon@hotmail.com	931-359-2181
County Attorney	Ginger Shofner		931-684-4611
County Clerk	Daphne Fagan	Daphne.Fagan@state.tn.us	931-359-1072
County Mayor	Joe Boyd Liggett	mcgov@vcourthouse.net	931-359-1279
Election Office	Jo Ann Henry	mcec@bellsouth.net	931-359-4894
EMA	Bob Hopkins	mcem@bellsouth.net	931-359-5810
Environmental Office	Morgan Thomas	recycleman@vcourthouse.net	931-359-0547
General Session	Steve Bowden		931-359-1277
Gen. Sessions Court Clerk	Elinor Foster	TN57CC001@smtpaoc.tsc.state.tn.us	931-359-1312
Health Department	Jason Lewis	jason.lewis@state.tn.us	931-359-1551
JECDB	Mike Wiles	Mike.Wiles@vcourthouse.net	931-359-5536
Juvenile Court Clerk	Elinor Foster	TN57CC001@smtpaoc.tsc.state.tn.us	931-359-0552
Public Utilities	Tommy Whaley	marshallcounty_@bellsouth.net	931-359-6905
Register of Deeds Office	Dorris Wayne Weaver	dwweaver@vcourthouse.net	931-359-4933
Schools System	Stan Curtis	curtiss@k12tn.net http://www.mcs.marshall.k12tn.net	931-359-1581
Sheriff Dept.	Les Helton	mcdetective@bellsouth.net	931-359-6122
Supt. of Highways	Jerry Williams	mchwy@tnweb.com http://www.marshallcountyhighway.com	931-359-4031
Trustee's Office	Marilyn Ervin	marilyn.ervin@vcourthouse.net	931-359-4800
Youth Services	Elizabeth West	ewest@marshalltn.com	931-359-4823
Veteran's Service	Billy Hill	mcvso@bellsouth.net	931-359-5482
Zoning Office	Don Nelson	don.nelson@vcourthouse.net	931-359-8839

[Directory]

Marshall County Assessor of Property
3300 Courthouse Annex
Lewisburg, TN 37091
Phone 931-359-3238
Fax 931-359-0551

Linda Haislip is the Marshall County Assessor of Property. The Assessor of Property inventories all parcels of real estate, and tangible, real, and intangible personal property in Marshall County. This office also maintains tax maps showing the location of property and ownership property cards. The assessor is elected county-wide every four years. The office is located on the third floor of the Courthouse Annex Building, Lewisburg, TN. You may call the Assessor of Property at 931-359-3238.

Frequently Asked Questions

How is my property appraised?

To appraise your property, a staff of professionally trained appraisers will do the following:

Reviews and verifies permits relating to your property
Compares physical structure to the permit
Carefully measures outside perimeter of the structure
Sketches footprint of the structure
Sections out porches, patios, garages and unfinished areas because they are computed at a different rate from heated areas.
Makes special notes of exterior wall material, fireplaces, roof structure, story height, bedrooms and any additional features.
Transfers all measurements, notes, and preliminary sketches to a property record card.
Values property and classifies it to ensure that the proper assessment is applied.

What is the difference between an appraisal and an assessment?

Confusion over the difference in an appraised value and assessed value is quite common. The appraised value of a property is an estimate of its fair market value, while the assessed value is a fractional amount of the appraisal. The fractional amount varies depending on the classification of the property, which is determined by its use. The assessed value, not the appraised value, is applied to the tax rate to produce a tax bill. One of the reasons the assessor inspects all property is to verify how it is used. The assessment percentages applied to the various property classifications are shown below:

Public Utility Property 55%
Commercial Property 40%
Industrial Property 40%
Business Personal Property 30%
Residential Property 25%
Farm Property 25%

Examples: The assessed value of a residential property with an appraised value of $100,000 would be 25,000 (.25 X $100,000 = $25,000)
A commercial property appraised at the same value would have an assessed value of $40.000
(.40 X $100,000 = $40,000)

What is personal property?

Personal Property is the tangible and intangible property used, or held for use, in a business. "Business" includes:

Partnerships
Corporation
Other business association not issuing stock, and
Individuals operating for a profit as a business or profession in Marshall County.

There are 10 groups of tangible personal property:

Group 1: Furniture, fixtures, general equipment, and all other property not listed in any other group
Group 2: Computers, copiers, fax machines, peripherals, and small tools
Group 3: Molds, dies, and jigs
Group 4: Aircraft, towers, and boats
Group 5: Manufacturing machinery
Group 6: Billboards, tanks, and pipelines
Group 7: Scrap properties
Group 8: Raw materials
Group 9: Vehicles
Group 10: Construction -in-progress

How is personal property appraised?

The tangible personal property schedule is used to calculate personal property appraisals for a business. When completing the schedule for a business, it is important to include all tangible personal property used or held for use in the business as of January 1 of the current year. To avoid a forced assessment, a completed schedule must be returned to the Assessor before March 1 of each year.

Below are some quick tips:

For each group of property items, list the original cost by the year acquired under Revised Cost.
For years in which the cost on file is provided, list any new cost totals resulting from acquisition or dispositions of property (under Revised Cost).
Equipment purchased at the end of a lease must be reported in the year in which the lease began, showing the original lease contract cost, not the payoff year and value.
Personally owned items used in a business must be reported.
A separate schedule must be filed for each business location.
All items fully depreciated or exposed on your accounting records must be included.

For more information on completing a personal property schedule, contact Nancy Oliver at 931-359-3238 or visit the office on the 3rd Floor of the Courthouse Annex Building in Lewisburg, TN.

What is a forced assessment?

A forced assessment occurs when a business owner fails to file a personal property schedule by the March 1 deadline. When a business owner fails to file a personal property schedule, the assessor has no information to determine a personal property assessment; therefore, the last year's appraisal is duplicated. To have a forced assessment set aside, an appeal must be filed with the local Board of Equalization prior to the current year's deadline.

Why is a reappraisal necessary?

Reappraisal eliminates inequities that are created over time by changes in the real estimate market. This ensures fairness and equity for all property owners. A property's fair market value can increase or decrease. If the assessor's record of a property's fair market value does not change with the market, some people could pay too much in property taxes, while others could pay too little. That is why the state of Tennessee requires the Marshall County Assessor to conduct reappraisals every five years. Reappraisals allow the assessor to adjust property values so that every property in Marshall County is appraised at fair market value. The cost reappraisal occurred in 2003 and the next reappraisal is scheduled for 2008.

Between reappraisal cycles, the assessor's staff will perform the following:

Visually inspect all property in Marshall County so that the assessor's assessment records reflect each property's actual characteristics, such as: square footages, story height, extension wall type, garage, carport and detached buildings.
Verify all property transfers as they occur in the market places. Appraisals verify each sale in order to ensure it is an arms-length transaction. These verified sales are recorded in a sales file to compare to properties of similar size, age, location and description to help establish fair and equitable property values.

State law protects property owners during reappraisal years. State laws also protect property owners from paying more than their fair share of property tax because a reappraisal has occurred. It provides for adjusting the tax rate to a level that would bring in the same amount of revenue as before the reappraisal years at the expense of the property owners.

The Assessor's office is a complete resource for property-related information in Marshall County. Questions on a wide range of topics from property ownership and sales history to appraisals and square footage can be answered.

[Directory]

Marshall County Building Codes
3301 Courthouse Annex
Lewisburg, TN 37091
Phone 931-359-0567
Fax 931-359-0551
Michael Anderson, Building Inspector/Official

Required information on a permit application:

Name, address and phone number of owner
Name, address and phone number of contractor
Map and parcel number of building site
Contractor's license number for construction over $25,000
Estimated value of construction
Size of building in square feet and number of floors
Proposed use: Commercial, residential, industrial, etc.
Approval of Septic System must be provided

Application Instructions

At the time of paying the permit fee, a person has only APPLIED for a building permit. A permit will be issued along with the completed application form after the building inspector reviews the application for conformity to building and zoning regulations. DO NOT start construction before receiving the building permit. Your application for a building permit and its attendant fee DOES NOT include permits and/or fees for the electrical installation. These permits must be applied for at your electric company.

Please check your completed application form and building permit when returned to you by the building inspector for the required building setback distances from the property lines. Building setback distances from property lines are regulated by zoning. The County is divided into several zones both residential and commercial, each with different requirements. Do not rely on friends, neighbors or a contractor for zoning and building regulation information. It may be incorrect. The building inspector may require you to have a licensed surveyor locate your property lines if your setback distances are in question.

Please remember that in most cases the edge of the pavement is NOT the front property line. Most roads and streets have an easement in excess of the pavement width, but the only sure way to locate it is a survey.

Also, remember the Marshall County zoning setback requirements may be more restrictive than subdivision restrictions.

The County building inspector can issue one and two family dwelling permits. Commercial and industrial occupancies require a site plan approved by the Planning Commission before a building permit can be issued.

Frequently Asked Questions About Building Permits

Why must I get a permit before beginning construction?

Because it is the law and construction must be checked to insure compliance with minimum construction standards, zoning and setback requirements. The building code provides for a penalty of double the normal permit fee if work is started prior to receiving a building permit. Call the Marshall County Codes Office at 931-359-0567 for information before work begins.

What are setback distances and are they the same all over Marshall County?

"Setbacks" are the minimum distances required by the law that a building, residential or commercial, must be from property lines. Front, side, and rear setback distances vary in different zones. Before work begins, call the Zoning Office 931-359-8839 for setback distances or other questions.

I want to build a storage building or carport at my house. What are the setback requirements and do I have to have a permit?

Freestanding buildings are permitted to be located closer to property lines than garages, carports, or storage rooms attached to the house. All outside construction, whether habitual space or storage space, requires a building permit. Contact the Building Inspector at 931-359-0567 for information.

Do I have to have a permit to paint the outside of my house or to repair and replace rotten porch floors, steps, etc.?

No, a permit is not required for a routine maintenance and repairs.

REMEMBER:

Most outside renovation work, remodeling and all additions do require either a residential or a commercial building permit. Contact the Marshall County Codes Office before work begins to avoid delays.

[Directory]

County Clerk
Daphne Fagan, County Clerk
1107 Courthouse Annex
Lewisburg, TN 37091
Monday - Friday
8:00 am - 4:00 pm
Phone: 359-1072 Fax: 359-0559
E-Mail: daphne.fagan@state.tn.us

FEE COST - Effective February 1, 2008

New Tag - In County	$85.00
New Tag - Out of County	$35.00
Duplicate Title	$11.00
Noting of Lien	$10.50
Transferee Fee with copy of registration	$14.50
Transferee Fee without copy of registration	$17.50
T.O.P.	$10.00
Business Tax Minimum	$22.00
Mail In Fees Tag/Decal	$2.00
Boat Fee Total	$7.00
Boat Fee - ($2.00 for Collecting Sales)
Boat Fee - ($5.00 for Affixing Seal)
Passport Book - Age 16 and Over, DS-11	$100.00
Passport Book - Age 15 and Under, DS-11	$85.00
Passport Book by Mail, DS-82 Renewal	$75.00
Passport Card, Age 16 and Over, DS-11	$45.00
Passcard Card, Age 15 and Under, DS-11	$35.00

Note: The $25.00 Execution Fee is NOT charged when adults 16 and over with fully valid passport books apply for the passport card USING THE DS-82 FORM. (form available on: www.travel.state.gov)

Responsibilities of the Clerk's Office:

Renewal of vehicle tags which includes the wheel tax sticker. A drive-up window is available for convenience. The wheel tax sticker is used exclusively to retire the county school bond indebtedness ($40.00), add to the county highway fund ($7.50), and retire the bond indebtedness on the Marshall County Jail ($2.50).

The staff members title a vehicle and collect the sales tax when applicable and assign a tag at the time. Titles have been issued since 1999. The County receives a percentage of the fees for every title the office prints. This has brought new revenues into the county that normally the state would keep. It has also made it easier to replace your title (printed on the spot) and it does not take as long for other titles to be issued.

Marriage Licenses. A license now costs $100.00 unless both parties have a premarital preparation course (at least 4 hours), then the license is $40.00. Both parties must appear with proper ID (driver's license, state issued picture ID or birth certificate) and they must have a social security card. The fee increase became effective July 4, 2002.

Business Licenses. Anyone in the county/city that grosses $3,000.00 or more in a business must have a license. There are few exceptions to this state law.

Beer Tax/Permits. The county beer board must approve a license. The clerk's office collects the annual fee of $100.00 and the one-time new application fee of $250.00. All minutes and permits are kept in the Clerk's office.

Boat Registration. The sales tax and registration fees on the new to you purchases and renewals are processed in this office.

Hunting and Fishing License.

Organ Donor Awareness. A person can give to this fund anytime and in any amount. The money is sent to the national foundation.

Passports have been issued in this office since the 1960's. The fee now is $100.00 for a person age 16 and over. Under the age of 16 is $85.00. The expedite fee is now $60.00. A person under the age of 18 must have both parent's consent to leave the country.

Passport Cards - Over 16 y.o.a. - $45.00 Under 16 y.o.a. - $35.00

The U.S. Passport Card may only be used for re-entry into the United States at land borders and sea-ports when traveling from Canada, Mexico, the Caribbean and Bermuda. Passport cards may not be used for air travel.

To purchase Passport Book and Passport Card the fees are as follows. 16 and over y.o.a. - $120.00; under 16 y.o.a. - $95.00

See www.travel.state.gov website for more information.

Record keeper Secretary for the County Commission. Anything that is addressed in a county commission meeting is filed in the Clerk's office. All resolutions and reports are accepted and compiled for mailing to each commissioner. The Commission now meets the first 11 months of the year on the 4th Monday (unless it is a holiday then the following Tuesday) at 6:00 PM.

Notary public applications. The application and the bonds are submitted to the county commission for approval. This office orders the certificate from the state and applies for the notary seal.

Automobile License

Renewal Fee: $74.00 (Regular auto license plate, Registration and Wheel Tax)
By Mail: Add $2.00 postage fee
Mailing Address
Marshall County Clerk
1107 Courthouse Annex
Lewisburg, TN 37091

Automobile Title and Registration

Fee: $85.00 - (regular auto license plate, title, and wheel tax)
Dealer Purchase: Current title or MSO (Manufacturer's Statement of Origin)
Bill of Sale showing purchase price and sales tax collected
Odometer Statement
Individual Purchase: Title signed by seller as on front of title and bill of sale signed by both parties.
Odometer section filled in
Sales tax will be collected on the purchase price of vehicle less trade-in, if any
Sales Tax Rate: 7% state tax on the purchase price less trade-in plus 2.75% fixed rate state sales tax on purchase price from $1600 up to $3200 caped at $44.00 (maximum amount taxed $1600 at fixed rate is $1600 at 2.75%) plus 2.25% county tax on first $1600 ($36.00 cap on county sales tax) plus $1.00 Clerk's fee
Gift Requirements: Title signed by person listed on front of title
Odometer section filled in
Form, which must be filled out by both parties - giving and receiving
Moving from Out of State: Current Title
Current Registration
Lien: Name and address of lien holder
Lease Vehicles: All lease vehicles require a Power of Attorney from lessor. $2.00 Lessee Fee.
TRANSFER - TITLE AND REGISTRATION Fee: $17.50
Requirements: Purchased vehicle in same name as current Registration. (Can add a spouse - cannot drop a name)
Follow above requirements for title and registration,
Please Note: All lease vehicles require a Power of Attorney from lessor.
$2.00 lessee fee

Beer Permits

Requirements Outside city limits
Application: Form to be filled out.
Fee: $250.00 paid at time application filed. Non-refundable.
Meeting: The meeting is advertised and then 6 days after that the Beer Board Meets at 4:30 p.m.
Permit: Issued when approved by Beer Board

Boat Registration

Individual Purchase
Requirements: Former boat registration card
Sales Tax: Sales tax will be collected on the purchase price of boat less trade-in, if any
Sales Tax Rate: 7% state tax on the purchase price less trade-in plus 2.75% fixed rate state sales tax on purchase price from $1600 up to $3200 capped at $44.00 (maximum amount taxed $1600 at fixed rate is $1600 at 2.75%) plus 2.25% county tax on first $1600 ($36.00 cap on county sales tax) plus $7.00 Clerk's fee

Business License

New Business
Location: County Wide (Doctors, lawyers, banks and insurance companies are exempt)
Fee: $22.00 minimum, based on gross sales
Requirements: Anyone conducting business and grossing more than $3,000.00 a year.

Marriage License

Fee: $40.00 With Pre-Marital Counseling
$100.00 Without Counseling Certification
Requirements: Eighteen years of age or older
Both parties, must be present
Provide driver's license or birth certificate
Social Security card
No waiting period
License is good for 30 days anywhere in the State of Tennessee

Notary Public

Notary Application
Fee: $44.00 new or renewal
New or Renewal: Obtain an application from the Clerk's office. Complete both pages. Return to Clerk's office before the 5th of each month. (No meeting in December). Application will then be submitted before the County Commission for approval. Once the staff receives the fee, a certificate and seal will be ordered.
Bond: $10,000 bond must be made through insurance company or two (2) Marshall County landowners must sign the application.
Time Frame: It will take approximately three weeks before the seal and notary commission are received in the Clerk's office at which time applicant will be notified.

Driver's License - Renewals, duplicates, change of address or corrections of information

Even if you have a renewal sticker on the back of the current license, as long as your picture still looks like you, we can issue your license because the Department of Safety will use the picture they have on file.

NOTICE: We are now accepting debit cards for all business conducted in the county clerk's office. Since this service is provided by a third party, there will be an additional $2.50 charge added to the original total. You must come into the office for this service because you must swipe your card and enter your pin number.

Office Location
The office is located on the first floor of the Courthouse Annex. A drive-up window is available for convenience.

[Directory]

Marshall County Solid Waste

230 College Street
Lewisburg, TN 37091
(931)359-0547
Email Address: recycleman@vcourthouse.net
Web Site: www.marshallcountyrecycles.com
Morgan Thomas: Solid Waste Director

Jessica Burton: Administrative Assistant

Marshall County Convenience Centers

Open Monday, Tuesday, Thursday, Friday, Saturday
Hours: 7 a.m. -11 p.m. and 2 p.m.- 6 p.m.
Closed: Sunday and Wednesday
Convenience Center #1 on Highway 99 near Chapel Hill
2200 Highway 99 931-364-3522
Convenience Center #2 on Old Columbia Road ï¿½ mile from Highway 50
3026 Old Columbia Road 931-359-9475
Convenience Center #3 on Fayetteville Highway near Belfast
1936 Fayetteville Highway 931-276-2186
Convenience Center #4 on Ostella Road near Five Points Fire Hall
4050 Ostella Road (931)293-4866

Our Convenience Centers Accept the following:

Bagged household garbage oversized (furniture, rugs, mattresses, etc.)
Scrap metal and white refrigerators, washers, etc.
Recyclables Accepted
Used Oil, Tin Cans, Aluminum Cans, Plastic Bottles #1 and #2, Newspaper and Cardboard

Our Convenience Centers do not accept the following:

Commercial/business waste
Shingles or tires
Liquid or Hazardous waste

Recycle Center

Located on 5th Avenue
Lewisburg, TN 37091
Phone (931)359-0566
Attendant: Dorris Baugher
Hours 7-11 a.m. and 2-6 p.m. Wednesday and Saturday Only

The Recycle Center Only Accepts Recyclables such as newspaper, plastic bottles #1 and #2, aluminum cans, tin cans, cardboard, brown glass, green glass and clear glass.

We also accept the following types of Household Hazardous Waste:

Used paint (max. 50lbs.)
Used tires (max. 3 tires)
Used oil (max. 5 gallons)
Used antifreeze (max. 5 gallons)

We DO NOT accept any other Hazardous Waste.

Business Recycling

Marshall County Solid Waste provides three, free recycling services to businesses:

Waste Audits
The Environmental Coordinator will tour facility and try to help you reduce waste, and recycle. Waste reduction and recycling can save businesses on their disposal costs and may even generate income.

Cardboard Recycling
Every Wednesday Marshall County Solid Waste runs a cardboard route. We provide businesses with a Cardboard Dumpster. This service will typically allow a convenience store or restaurant to decrease their waste by 50%.

White Paper Recycling
Marshall County Solid Waste will provide a 50-gallon container for your office paper. The paper is collected every two weeks. It is shredded and recycled.

School Recycling

Recycling is available to all schools in Marshall County. Each school recycles office paper, newspaper and aluminum cans. When the recyclable material is sold, the money goes to the school that collected those items. The schools' Big Red recycle bins are open to the public, so support your favorite school by filling their recycle bin.

Recycling Education

Each year the Marshall County Environmental Coordinator speaks to every K-5 class in the county. He also speaks to over half of the 6th grade class. During the sessions, students learn about recycling, waste reduction and litter prevention. The Environmental Coordinator also speaks to civic clubs and youth organizations across the county.

If you would like to have the Environmental Coordinator speak to your group, please contact Morgan Thomas at 931-359-0547.

Email Address: recycleman@vcourthouse.net

[Directory]

Register of Deeds
1103 Courthouse Annex
Lewisburg, Tennessee 37091
Phone: 931-359-4933
Fax: 931-359-0559
Email: dwweaver@vcourthouse.com

Mission Statement

To record, index, maintain, and provide access to all real estate documents, uniform commercial code fixture filings, federal tax liens, military discharges, and other instruments, as prescribed by Tennessee Statutes.

Dorris Wayne (DW) Weaver, Marshall County Register of Deeds would like to welcome you to this website. We hope that you find this site both interesting and useful. Please enjoy your visit! Dorris Wayne (DW) Weaver is the current Marshall County Register of Deeds. He was elected to office in August of 2002. Dorris Wayne (DW) Weaver is a lifelong resident of Marshall County. Dorris Wayne and his wife live in the City of Lewisburg where they have resided since their marriage in August 15, 1992.

Dorris Wayne is currently a member of the Marshall County Chamber of Commerce, Lewisburg Lions Club, Middle Tennessee Register of Deeds Association, Tennessee Register's Association, and the County Officials' Association of Tennessee. He is a graduate of Leadership Marshall.

History of the Office

The office of Register in Tennessee can be traced back to the period when this region was part of the English colony of Carolina. The office was provided for in the colony's first fundamental law, known as the "Concessions and Agreement" of 1665. This office was patterned along the English model which had been in existence at least since Norman times. The Register's general duties have always been to record various types of legal instruments and transactions, particularly those conveying the title to land. The Register's office in Carolina continued under the colony's "Fundamental Constitution" of 1715. The qualified voters elected three freeholders who became candidates for the office. The governor then appointed one of these three landowners to be Register.

When Tennessee became a state in 1796, the first constitution included a provision for a Register to be elected by the county court in every county. The term of the office was indefinite and the Register was to serve "during good behavior." The Tennessee Constitution of 1834 provided or the popular election of the Register, reflecting the trend of the Jacksonian era. Tennessee's Constitution of 1870 retained the office of Register and secured the term of four years. The 1978 amendments to the Tennessee Constitution retained the four-year term for the Register.

Officeholders For The Marshall County Register of Deeds

Dorris Wayne (DW) Weaver serving as the 17th Register of Deeds for Marshall County. Below is a listing of officeholders and the dates in which they served.

2002-Present Dorris Wayne Weaver
1990-2002 Barbara Simmons
1958-1990 Hill Walker
1950-1958 Roy Foster
1942-1950 Grady Finley
1934-1942 Grady Ralston
1926-1934 J.T. Harris
1918-1926 W.O. Whitehead
1910-1918 J.A. Clark
1902-1910 J.R. Reynolds
1898-1902 J.M. McCrory
1890-1898 G.D. Sanders
1874-1890 J.A. Yarbrough
1862-1874 J.N. Waters
1856-1862 W.N. Cowden
1846-1856 J.J. Elliott
1836-1846 John Elliott

Affiant: One who makes an affidavit.
Affidavit: A document that gives a written or printed declaration or statement of facts, which is confirmed by an oath or affirmation.
Affidavit of Heirship: Same as affidavit, but specifically establishing heirs of a decedent.
Certified Copy: A true copy, attested to be true by the office holding the original.
Debtee: Person lending.
Debtor: One who owes a debt.
Deed in Lieu of Foreclosure: A deed given by an owner/borrower to a lender to prevent the lender from bringing foreclosure proceedings.
Easement: A right created by grant, reservation, agreement, prescription, or necessary implication which one has in the land of another. It is either for the benefit of land such as a right to cross. A to get to B, or "ingress" such as a public utility easement.
Egress: A term concerning a right to come and go across the land (public or private) of another. Usually a part of the term ingress and egress.
Encumbrance, Incumbrance: A claim, lien, charge, or liability attached to and binding real property. Any rights to, or interest in, land which may exist in one other than the owner.
Fair and Voluntary Sale: A sale by the owner freely without constraint at a price sufficient to warrant confirmation when required, not a forced sale as in closing an estate or foreclosure.
Fair Market Value: Price at which a willing seller and a willing buyer will trade. A fair, economic, just and equitable value under normal conditions.
Federal Tax Lien: A lien attaching to property for nonpayment of a federal tax (estate, income, etc.). A federal tax lien differs from other liens in that it is not automatically wiped out by foreclosing on a mortgage or trust deed recorded before the tax lien (except by judicial foreclosure)
First Mortgage: A mortgage having priority over all other voluntary liens against certain property.
General Warranty Deed: A deed in which the grantor agrees to protect the grantee against any other claim to title of the property and provides other promises.
Grantee: The one who receives an interest.
Grantor: The one who relinquishes an interest.
Grantor-Grantee Index: The record of the passing of title to all the properties in a county as kept by the county recorder's office. Property is checked by tracing the names of the sellers and buyers (chain of title).
Holder of Indebtedness: Person or institution loaning money.
Ingress and Egress: A right to enter upon and pass through land.
Instrument: Any writing having legal form and significance, such as a deed, mortgage, will, lease, etc.
Joint Tenancy: An undivided interest in property, taken by two or more joint tenants. The interests must be equal, according under the same conveyance, and beginning at the same time. Upon the death of a joint tenant, the interest passes to the surviving joint tenants, rather than to the heirs of the deceased.
Judgment: The decision of a court of law. Money judgments, when recorded, become a lien on real property of the defendant.
Judgment Lien: A lien against the property of a judgment debtor. An involuntary lien.
Lease: An agreement by which an owner of real property (lessor/grantor) gives the right of possession to another (lessee/grantee) for a specified period of time and for a specified consideration.
Lessee: A person to whom the property is rented under a lease. A tenant.
Lessor: One who rents property to another under a lease. A landlord.
Legal Description: A method of geographically identifying a parcel of land, which is acceptable in a court of law.
Lien: An encumbrance against property for money, either voluntary or involuntary. All liens are encumbrances but all encumbrances are not liens,
Lis Pendens: A legal notice recorded to show pending litigation relating to real property and giving notice that anyone acquiring an interest in specific property subsequent to the date of the notice may be bound by the outcome of the litigation.
Lot: Generally, any portion or parcel of real property. Usually refers to a portion of a subdivision.
Mechanics Lien: A lien created by statute for the purpose of securing priority of payment for the price or value of work performed and materials furnished in construction or repair of improvements to land, and which attaches to the land as well as the improvements.
Modification Deed of Trust: A document that alters, adds, or cancels some of the terms or stipulations but leaves the general purposes or effect of the document intact.
Mortgage: A written instrument that creates a lien upon real estate as a security for the payment of specified debt.
Mortgagee: Person lending.
Mortgagor: Person borrowing.
Partial Release: A release of a portion of property conveyed by a mortgage.
Plat: A map dividing a parcel of land into lots, as in a subdivision.
Power of Attorney: An authority by which one person (principal) enables another (attorney in fact) to act for him.
Quit Claim Deed: A deed that conveys only the grantor's rights or interest in real estate without stating the nature of the rights and with no warranties of ownership.
Recordation: Filing instruments for public record with a recorder. (Usually a county official)
Recording: Filing documents affecting real property as a matter of public record, giving notice to further purchasers, creditors, or other interested parties. Recording is controlled by statute and usually requires the witnessing and notarizing of an instrument to be recorded.
Recording Fee: The amount paid to the recorder's office in order to make a document a matter of public record.
Register of Deeds: A term used in some states to describe the person in charge of recorded instruments.
Right of Survivorship: The right of a survivor of a deceased person to the property of said deceased.
Secured Party: Mortgagee, beneficiary (under a deed of trust) pledgee or any other party having a security interest.
Special Warranty Deed: A deed in which the grantor limits the title warranty given to the grantee to anyone claiming by, from, through or under him, the grantor. The grantor does not warrant against title defects arising from conditions that existed before he owned the property.
Substitution of Trustee: A document which is recorded to change the trustee under a deed of trust.
Tax Lien: (1) A lien for nonpayment of property taxes. Attaches only to the property upon which the taxes are unpaid. (2) A federal income tax and state tax lien may attach to all property of the one owing the taxes.
Tenancy by the Entirety: An estate that exists only between husband and wife with equal right of possession and enjoyment during their joint lives with the right of survivorship, when one dies, the property goes to the surviving tenant.
Tenancy in Common: Ownership of two or more with undivided interest without the right of survivorship.
Transfer Tax: One paid upon the passing of title to property or to a valuable interest.
Trust Deed: See Mortgage.
Trustee: (1) One who is appointed, or required by law, to execute a trust. (2) One who holds title to real property under the terms of a deed of trust.
Trustee's Deed: A deed by a trustee under a deed of trust, pursuant to foreclosure proceedings.
Undivided Interest: Land shared among co-owners, no one having exclusive rights to any portion of the property.
Warranty Deed: One that contains a covenant (a promise written into deeds and other instruments agreeing to performance or non performance of certain acts, or requiring or preventing certain uses of the property) that the grantor will protect the grantee against any and all claims.

Duties and Requirements

One of the most important functions of the register's office is the filing or recording of instruments which affect the legal status of real and personal property. With regard to real property, these instruments include deeds, deeds of trust (mortgages), financing statements under the Uniform Commercial Code (U.C.C.), assignments, plats, court decrees, leases, liens, releases and many other instruments With regard to personal property, financing statements dealing with fixtures under the U.C.C. and instruments relating to financing statements, such as amendments, continuation statements, assignments, releases, termination statements and other instruments are involved. Powers of Attorney are often recorded in the register's office. Also, some official instruments (county official bonds and certain official reports) are recorded or filed in the register's office. The register notes in a notebook the time and receipt of each instrument in the order they are received and maintains indexes of the records of the office. The register must be familiar with the requirements for acceptance applicable to each instrument. It is important to remember that a register is not a notary and does not have a statutory power to take acknowledgments, as do county clerks.

The register has important revenue functions, both for the collection of fees for performing the duties of the office and collection of two state privilege taxes - the transfer tax and the mortgage tax. Currently the state realty transfer tax is 37 cents per $100 of value or consideration and the rate of the mortgage tax is 11.5 cents per $100 or major fraction thereof over $2000 of indebtedness. The register must be knowledgeable concerning the many special rules and exceptions which apply to the collection of the realty transfer and mortgages taxes. The register must be knowledgeable about the required statements on instruments evidencing transfers of real estate or certain interests in real estate and instruments of indebtedness.

Other Matters

Since office management is an important component of the register's duties, registers should know about personnel procedures and both state and federal laws. Also, the register should have a basic understanding of potential liability, including both personal liability and county liability, and the Tennessee Governmental Tort Liability Act.

Frequently Asked Questions

What is your mailing address?

1103 Courthouse Annex, Lewisburg, Tennessee 37091

What are your hours of operation?

8:00 a.m. to 4:00 p.m. Monday - Friday

Can the Register's office tell me who owns a particular parcel of property?

In accordance with the laws and statutes of the State of Tennessee, all indexes for recorded documents within the Register's office are named based. To search by address you may contact the Marshall County Assessor's Office at 931-359-3238.

How can I obtain a copy of a document?

Documents recorded since January 1, 1995 may be viewed and copied from the PROGRESS website www.ustitlesearch.net Documents recorded before January 1, 1995 can be obtained either by visiting the Register's office in person, or by sending a written request by mail. Information needed for copies include name of buyer/borrower or seller/lender, date of transaction or recording, and the address of the subject party. Charges for copies made at the Register's office are $.25 per page and up.

Is there a fee for recording documents?

Yes, for calculation of fees please visit our pricing calculator on this website.

What methods of payment are accepted by the Register's office?

The Register's office accepts checks, cashier's checks, money orders or cash currency.

Can the Register of Deeds or the staff prepare or help prepare a document?

No. The State of Tennessee prohibits the Register's office and staff from practicing law or from giving legal advice. You are advised to consult with an attorney for assistance.

Can the Register's office tell me if there are any liens recorded on my property?

No. The Register's office does not perform title searches, which is the necessary step to take to determine if there is a lien against a particular parcel of land. You may contact a title company or an attorney to provide this service for you. However, the records of the Register's office are open to the public and are accessible by visiting us at the above address.

Can the Register's office provide a survey of my property?

In most cases, no. The Register's office records plats of subdivisions showing lots within a development; however, some surveys are recorded after obtaining the approval for recording purposes only by the Zoning Department.

Can I find bankruptcies, divorces and other court document in the Register's office?

Bankruptcies, divorces and other court documents are recorded and indexed as the court decrees. However, not all court documents are filed with the Register's office. This will vary according to the requirements within a court decree or an individual's personal choice.