Gatlinburg Short-Term Rental Laws: What You Need to Know

Posted by Jason White on

If you’re considering investing in a short-term rental property in Gatlinburg, understanding the local laws and regulations is crucial for your success. As experts in the Smoky Mountain real estate market since 1996, we’ve helped countless investors navigate these requirements, and we’re here to share our knowledge about the Gatlinburg short term rental laws with you.

 

Current Short-Term Rental Regulations in Gatlinburg

For all short-term rentals within Gatlinburg’s city limits, owners must obtain and maintain a Tourist Residency (TR) permit. These properties are subject to annual fire and safety inspections to ensure guest safety and compliance with local regulations. If you’re unsure whether your property falls within city limits, you can contact the city directly at (865) 436-1400 for clarification.

 

Zoning Requirements

Gatlinburg zoning regulations prohibit short term rentals from operation in both R1A (Low-Density Residential) and R2A (Medium Density Residential) zones. 

The R2A zone is specifically designated for single and multi-family dwellings, with the intent to preserve the residential character of these areas by prohibiting business-oriented uses. 

Before purchasing a property for short-term rental use, it’s crucial to verify its zoning designation with the city planning department.

 

Permits

To operate a legal short-term rental in Gatlinburg, you’ll need a valid tourist residency permit.

In order to receive a tourist residency permit in the City of Gatlinburg, you’ll need to:

  • Submit an application
  • Pay the appropriate fee – Application fee is $200 for a 2 or less bedroom unit. Each bedroom over two is an additional $75 per bedroom.
  • Pass a fire and building inspection 

 

Taxation

A county spokesperson confirmed that this decision affirms a state law that went into effect in 2021 and subsequent guidance from the state Comptroller’s office. 

The law stipulates that properties used as short-term rentals are classified as commercial properties unless certain exemptions are met. 

Essentially, properties with a business license that are a short-term rental and not the owner’s principal residence will be subject to the change in classification – from a 25% residential classification to a 40% commercial classification. 

 

Safety and Compliance

In order to qualify for a Tourist Residency Permit your home must pass a safety inspection. 

Inspections can cover a variety of items, but aren’t limited to the below:

  • Fire Safety
  • Smoke Alarms
  • Escape routes
  • Carbon Monoxide Detectors
  • Electrical Safety


There are a few things you can do to prepare for your short-term rental unit inspection:

  • Make sure all smoke detectors and carbon monoxide detectors are working properly.
  • Install a 2A10BC Fire Extinguisher on each level
  • Clear all escape routes of any obstructions.
  • Check all electrical wiring and outlets.
  • Make sure all heating and cooling systems are in good working order.
  • Make any necessary repairs and improvements.

All tourist residences more than three (3) stories, more than five thousand (5,000) gross square feet, or more than twelve (12) occupants must have an approved sprinkler system. 

 

Success in Gatlinburg’s short-term rental market requires careful attention to local regulations, from proper zoning and permits to safety requirements and tax obligations. 

Looking for more information about investing in the Smoky Mountains? Check out our other blog posts about property management, amenity upgrades, and maximizing your rental’s potential.

Click here to search active real estate listings in Gatlinburg, TN!

 

1031 Exchanges: Key Information and Hurricane Helene Extensions

Posted by Jason White on

 

For real estate investors, 1031 exchanges can be a powerful tool for deferring taxes on capital gains when swapping investment properties. Recent events like Hurricane Helene have brought additional tax relief to affected areas, including extensions for 1031 exchange deadlines.

In this post, we’ll provide a quick overview of what a 1031 exchange is, answer common questions, and dive into the critical extensions offered in the wake of Hurricane Helene.

 

What is a 1031 Exchange?

A 1031 exchange—named after Section 1031 of the Internal Revenue Code—allows you to defer paying capital gains taxes when you sell an investment property, provided you reinvest the proceeds into another “like-kind” property. This tax-deferral strategy can help investors build wealth over time by continually rolling gains into new properties, without taking an immediate tax hit.

Key points:

  • Like-kind refers to real estate property of the same nature, such as swapping a rental property for a commercial building.
  • Since the Tax Cuts and Jobs Act in 2017, 1031 exchanges only apply to real property (i.e., real estate) and no longer include personal property like equipment or vehicles .

 

What Are the Key Deadlines for a 1031 Exchange?

A 1031 exchange has specific timing requirements:

  • You must identify a replacement property within 45 days of selling your original property.
  • You have 180 days to complete the purchase of the replacement property.

These deadlines are strict—unless there’s a natural disaster, like Hurricane Helene.

 

What Happens to 1031 Exchange Deadlines After Hurricane Helene?

The IRS has provided significant relief to taxpayers impacted by Hurricane Helene, extending key tax deadlines, including those for 1031 exchanges. If you’re in an area affected by the hurricane, here’s what you need to know:

  1. Extension for 1031 Exchange Deadlines:
  • Investors impacted by Hurricane Helene now have until May 1, 2025 to complete actions related to their exchanges, including identifying and closing on replacement properties.
  • This extension applies to all individuals and businesses located in the disaster areas, which include Alabama, Georgia, North Carolina, South Carolina, and parts of Florida, Tennessee, and Virginia  .

 

  1. Who Qualifies for the Extension?:
  • Any taxpayer residing or operating a business in areas covered by the FEMA disaster declaration qualifies for these extended deadlines. The links above to each state provide details for counties included in the relief. 
  • This includes properties located in affected regions, as well as taxpayers whose records or tax professionals are in the impacted areas, even if the taxpayer themselves is not .

 

How Does This Impact My 1031 Exchange?

If your exchange transaction is affected by Hurricane Helene, these extensions give you additional time to:

  • Identify replacement properties beyond the typical 45-day window.
  • Complete the exchange within the extended timeframe of May 1, 2025, rather than adhering to the original 180-day rule.

For instance, if your 1031 exchange process started before or during the hurricane, your deadlines for both identifying and closing on replacement properties will now be extended. This can provide crucial breathing room for investors navigating logistical challenges caused by the disaster.

If you believe you qualify for these extensions, be aware that they’re automatically applied to those with an IRS address in the disaster area. However, if you receive a late filing notice, we recommend contacting the IRS to resolve any discrepancies.

 

The Hurricane Helene relief measures offer much-needed flexibility for real estate investors engaging in 1031 exchanges in disaster-affected areas. Understanding these extensions can help you navigate the process smoothly and ensure you make the most of the tax benefits available.

For more details on 1031 exchanges or to determine if you qualify for the Hurricane Helene extensions, consult the IRS disaster assistance page and speak with qualified tax and legal professionals.

5 Factors to Consider When Buying a Cabin in Gatlinburg, TN

Posted by Jason White on

Do you dream of owning your very own retreat right in the heart of the Great Smoky Mountains? Is buying a cabin in Gatlinburg, TN one of the things you think about when you have white space in your calendar? We get it! There is nothing like the Great Smoky Mountains and owning property here is special! Before you purchase there are a few important factors to consider. In this blog post we’ll a few of those to light, so that you are aware and can begin to make educated decisions about whether buying a cabin in Gatlinburg, TN is right for you! 

 

Location & Accessibility

You’ve heard it before – location, location, location! 

It’s true for the areas surrounding the Great Smoky Mountains as well. Location can affect your investment – particularly if you are planning to use it as a vacation rental. There are a few things you might want to consider when deciding where to buy a cabin in Gatlinburg, TN

 

  • Proximity to attractions 

There are so many exciting things to do in Gatlinburg, TN, and depending on the use case you dream of for your home you might want to consider the proximity to a few of our area’s most visited attractions 

The Great Smoky Mountains National Park – The most visited National Park in the United States. 

Dollywood – An amusement park with something for everyone. Dollywood offers thrilling rides, handmade crafts, food and music of the Smoky Mountains. 

The Island – The Island in Pigeon Forge offers families affordable fun for all ages – eating, drinking, shopping and adventurous attractions. 

 

  • Accessibility

After you’ve decided which locations in Gatlinburg, TN suit your needs the best and you begin to look at individual properties, you’ll want to keep in mind how accessible each home is. 

You might consider the ease in which you can develop an emergency preparedness plan for each individual property. 

Questions to ask yourself, as you consider properties:

How easy is this home to access if there were to be snow or ice? Does this matter to me, or will I primarily be using this home when weather conditions aren’t relevant?

Is there more than one way in and out? Do I know and understand if that makes sense for the use case of my home.


How close is this home to major roads or medical services? Is that important to me, or am I looking for a secluded retreat?

 

Property Condition & Maintenance

When assessing individual cabins in Gatlinburg, TN you’ll want to take note of a few pieces of information to help inform your buying decisions 

  • How has the cabin been maintained? 
  • What is the structural integrity of the cabin?
  • Will you need any large, or major repairs in the next few years? Is that a monetary or time investment you are willing to make?
  • How old is the cabin?
  • Roof?
  • Plumbing?
  • Electrical systems?
  • HVAC?
  • Hot water heater?

One of the most important aspects of owning a short-term rental property is maintaining it properly. A well-maintained cabin can provide a positive experience for your guests and increase the property’s value. 

 

Homeowner Association (HOA) Rules & Fees

 

Many cabin communities in Gatlinburg are governed by Homeowner Associations, which come with their own set of rules. It’s important to understand what might be addressed when considering your purchase. 

Things like 

  • Fees association with membership
  • Property use restrictions 
  • Appearance of the exterior and landscaping 
  • Pet Policies 

 

Zoning & Permitting

Before you make your final selection, you’ll want to be sure to review the local zoning laws and comply with any permit requirements, especially if you are hoping to use your cabin as a short term rental. 

 

You’ll want to be sure 

  • The cabin is zoned in an area with short term rental use eligibility 
  • That you meet all the requirements to be eligible to receive a tourist residency permit 
  • That you stay abreast to any changes that might be happening with zoning or permitting in the area you plan to buy in. 

 

Rental Income Potential

If you are looking to use the cabin you purchase as a short term investment property it’s imperative to assess the income potential before you make a purchase! 

You can do that by answerings a few questions: 

 

Conclusion

Considering these factors can help you make the most informed decision when buying a cabin in Gatlinburg, TN. 

 

If you have questions about buying a cabin in Gatlinburg, TN we’re here to help! Give us a call at 877.678.2121 or send us an email at info@jasonwhiteteam.com! 

If you are looking for cabins available for purchase in Gatlinburg, TN you can find them here!

3 Amenities to Maximize Your Short Term Rental Income

Posted by Jason White on

In this blog post, we’re diving deep into three amenities that can help you maximize your rental income: pools, gyms, and hot tubs.

AirDNA provides a few stats related to the availability of these amenities 

  • Pools are found in 44% of luxury properties, versus 25% of budget properties.
  • Hot tubs are featured in about 33% of luxury listings, while only 5% of budget properties include them.
  • Gyms appear in approximately 24% of luxury properties, compared to 16% in budget listings.

 

 

Pools 

There are so many different ways you can provide pool access for your short term rental – resort pool, inground outdoor pool, above ground outdoor pool, stock tank pool, swim spa, or inground indoor pool, and probably many more creative ideas we haven’t listed. 

Most often we see these three types of pools at short term rentals in the Smokes 

  • Resort access 
  • Inground indoor 
  • Swim spa 

Why a pool at your short term rental?

Providing a way for your renters to create memories with the group they are traveling with without leaving your property is a huge benefit! 

Not only is this a benefit to your guest, but can be a benefit to you as a property owner through increased desirability and the ability for higher nightly rates. 

 

Maintenance considerations for the pool at your short term rental

You’ll want to consider ongoing maintenance when deciding if a pool is right for you as a short term property owner, such as 

  • Regular cleaning and chemical treatment.
  • Safety measures (fencing, pool rules, etc.).
  • Potential liability concerns and insurance coverage.

“Specifically, luxury listings with pools see a Revenue Per Available Rental (RevPAR) increase of around 38% compared to those without pools.”

 

Hot tubs 

Your guests have most likely packed their schedules full of fun things to do while they are in town, whether that be a full day out on the town or hiking in the Smokies. 

Providing a way for them to wind down and relax after a long day is such a benefit! 

Not only does a hot tub provide a relaxing experience for your guests, it can also be a benefit to you as property owner by complementing your outdoor space and allowing you to command a premium nightly rate. 

You’ll want to consider ongoing maintenance when deciding if a hot tub is right for you as a short term property owner such as regular cleaning, chemical treatment. As well as, potential liability concerns and required insurance coverage. 

“With a reported RevPAR increase of around 33% for luxury properties with hot tubs.”

 

Gyms 

Maintaining your health is extremely important – what a benefit to provide the ability to do so without having to take additional time out of their well deserved vacations to find the opportunity to do so. 

Adding a gym, whether big or small, to your vacation rental allows you to meet the needs of health conscious individuals conveniently! 

You’ll want to consider potential liability concerns and required insurance coverage when deciding if adding a gym to your short term rental property is advantageous for you. 

“While the inclusion of pools and hot tubs offers the largest RevPAR and occupancy boosts for higher-tier properties, the inclusion of gyms actually benefits lower-tier properties more. They experience a larger boost in RevPAR and occupancy rates.”

 

*It’s important to note that the information provided in this blog post is for general informational purposes only and should not be construed as legal advice. While we have made every effort to provide accurate and up-to-date information, we cannot guarantee the accuracy or completeness of the information provided. 

 

The Lifespan of Appliances for Rental Properties: What to Expect and How to Plan Ahead

Posted by Jason White on

As a short-term rental property owner, it’s essential to understand the lifespan of the rental property appliances.

 

 Knowing how long these items typically last can help you plan for repairs and replacements, ensuring your guests have a comfortable and safe stay. In this blog, we’ll provide an overview of the major appliances found in short-term rentals, their typical lifespan, factors that can affect their lifespan, and signs that you may need to begin buying appliances for your rental property. 

 

HVAC System

The HVAC system is responsible for heating, ventilation, and air conditioning in your rental property. HVAC systems can last anywhere from 10 to 25 years, depending on factors such as proper maintenance, frequency of use, and the type of system. Signs that your HVAC system may need repair or replacement include unusual sounds, strange smells, and inconsistent temperatures throughout the rental.

 

  • Lifespan: 10-25 years 
  • Factors that affect lifespan: maintenance, frequency of use, and type of system
  • Signs you may need to replace the HVAC for your rental property: strange smells and inconsistent temperatures 

 

Water Heater

The water heater provides hot water to your guests for their daily needs, such as showering and washing dishes. The typical lifespan of a water heater is 8 to 12 years, although proper maintenance can extend its life. Signs that your water heater may need repair or replacement include a lack of hot water, unusual sounds, and water leaks.

 

  • Lifespan: 8 – 12 years 
  • Factors that affect lifespan: maintenance 
  • Signs you may need to replace the water heater  for your rental property: leaks or lack of hot water 

 

Refrigerator 

The typical lifespan of a refrigerator is 10 to 18 years. Many things can impact the lifespan of your refrigerator, such as quality of the appliance, frequency of use, maintenance, and power surges. Signs that your refrigerator may need repair or replacement include unusual sounds, difficulty starting, and inconsistent temperature or water flow.

 

  • Lifespan: 10-18 years 
  • Factors that affect lifespan: quality of appliance, frequency of use, maintenance 
  • Signs you may need to replace the water heater  for your rental property: unusual sounds, difficulty starting, and inconsistent temperatures or water flows. 

 

Stove 

 

The typical lifespan of a stove can vary depending on the type of stove, the frequency of use, and how well it is maintained. However, on average, a gas or electric stove can last anywhere from 10-15 years with proper maintenance and care.

 

If your stove is not heating properly, doesn’t light well, you notice rust or corrosion or worn out parts – these may all be signs you may need to begin thinking about buying a new stove for your investment property.

 

  • Lifespan: 10 – 15 years 
  • Factors that affect lifespan: frequency of use and how well its maintained 
  • Signs you may need to replace the water heater  for your rental property: uneven heating, difficulty lighting, rust, broken or worn out parts. 

 

Dishwasher

 

The lifespan of a dishwasher can vary depending on the type, brand, and model of the appliance, as well as how well it is maintained. On average, a dishwasher can last anywhere from 7 to 12 years with proper care and maintenance. Signs that you may need to replace your dishwasher are leaks, strange noises, and poor cleaning performance. 

 

  • Lifespan: 7 to 12 years 
  • Factors that affect lifespan: care and maintenance 
  • Signs you may need to replace the water heater  for your rental property: leaks, noise, and poor cleaning performance 

 

Washer and Dryer

Providing a washer and dryer for your guests is a convenient amenity that can help increase bookings. The typical lifespan of a washer and dryer is 10 to 14 years, but proper maintenance can extend their life. Signs that your washer and dryer may need repair or replacement include unusual sounds, a lack of function, and leaks.

  • Lifespan: 10 to 14 years 
  • Factors that affect lifespan: property maintenance 
  • Signs you may need to replace the water heater  for your rental property: lack of function and leaks 

 

Other Systems and Appliances

Other systems and appliances found in short-term rentals, such as smoke detectors and air purifiers, can vary in lifespan. Smoke detectors should be replaced every ten years, while air purifiers can last up to five years. Proper maintenance and regular testing can help ensure these items are functioning correctly.

 

Understanding the lifespan of the various systems and appliances in your short-term rental property is crucial for maintaining the comfort and safety of your guests. 

Regular maintenance and replacement of these items can help prevent unexpected breakdowns and keep your rental property in top condition, renting consistently with no unexpected downtime.

 We recommend consulting with professionals for maintenance and repairs to ensure the longevity of your property’s systems and appliances. Read more about how to keep your investment property in tip top shape here! 

3 Common Pests Found in East Tennessee Short Term Rentals and How to Prevent Them

Posted by Jason White on

As a short-term rental property owner in East Tennessee, it is important to prevent pest infestations. Pests not only damage your property, but they can also negatively impact your guests’ experience. In this blog post, we will explore how to prevent their infestations in short-term rental properties.

East Tennessee’s warm and humid climate provides an ideal environment for various pests to thrive, including flying insects. Some common insects found in short-term rentals in East Tennessee are:

  • Carpenter bees are a common pest found in East Tennessee homes. They look similar to bumblebees but can cause significant damage to wooden structures, including decks, fences, and outdoor furniture. 
  • Carpenter ants are another common pest found in East Tennessee homes. They can cause significant damage to wooden structures, including walls, floors, and furniture. 
  • Eastern subterranean termites are a common pest found in East Tennessee homes. They can cause significant damage to wooden structures, including walls, floors, and foundations. These termites live in the soil and feed on wood, so it’s important to maintain proper moisture control to prevent infestations. 

It’s important to address any pest infestations in your home promptly to prevent damage and avoid further costly repairs.

Regular cleaning, maintenance, and inspection practices are essential to prevent pest infestations in short-term rentals. 

Below are some tips to help keep insects away:

  • Seal entry points and install screens on doors and windows. Gaps and cracks in walls and doors allow insects to enter.
  • Close doors and windows when not in use to prevent insects from entering.

In addition to regular cleaning, maintenance, and inspection hiring a professional pest control service can help eliminate pests and prevent future infestations. 

Benefits of hiring professional pest control services are:

  • Experienced technicians who can identify and eliminate pests effectively.
  • Customized treatment plans to address your property’s specific pest problems.
  • Regular inspections to prevent future pest infestations.
  • Pest control companies may set up pest monitoring stations to detect any signs of pest activity before a full infestation occurs.

Pest control companies can help prevent future infestations and keep your property pest-free. It’s important to work with a reputable and experienced pest control company to ensure that they use safe and effective methods to prevent pest activity.

Preventing pest infestations in short-term rentals in East Tennessee is crucial to ensure the comfort and safety of your guests. By following the preventative measures discussed in this blog post and utilizing professional pest control services, you can keep your property pest-free. 



Property Owners: How to Keep Your Short-Term Rental Property in Great Condition

Posted by Jason White on

Owning a short-term rental property can be a great investment, but it comes with its own set of challenges.

One of the most important aspects of owning a short-term rental property is maintaining it properly.

A well-maintained property can provide a positive experience for guests and increase the property’s value. 

In this blog post, we will discuss some tips for keeping your short-term rental property in tip-top shape!

 

Maintenance

Creating a maintenance plan is an essential step in keeping your short-term rental property in great condition.

As a short-term rental property owner, it is essential to regularly inspect your property to ensure that it is in good condition for guests. By addressing issues promptly, you can minimize the impact they have on your guests and prevent them from becoming larger, more expensive problems. Here is a list of inspections that you should complete on your short-term rental property:

 

  1. Electrical system inspection: The electrical system should be inspected at least once a year to ensure that it is in good working order. This inspection should include checking outlets, light fixtures, and the circuit breaker box.
  2. HVAC system inspection: The HVAC system, including air conditioners and heaters, should be inspected and serviced at least twice a year to ensure that they are working efficiently .
  3. Roof inspection: The roof should be inspected at least once a year to ensure that there are no leaks or other issues that could cause damage to the property.
  4. Exterior inspection: The exterior of the property should be inspected regularly to ensure that there are no issues such as cracks, leaks, or other damage.
  5. Interior inspection: The interior of the property should be inspected regularly to ensure that there are no issues such as leaks, cracks, or other damage. This inspection should include checking for water damage, mold, and pest infestations.
  6. Smoke detector and carbon monoxide detector inspection: Smoke detectors and carbon monoxide detectors should be inspected at least twice a year to ensure that they are in good working order.
  7. Fire extinguisher inspection: Fire extinguishers should be inspected at least once a year to ensure that they are in good working order.

If you are an out of state owner your property management company will likely help you complete any inspections necessary to maintain the integrity of your home.  

 

Cleaning

Cleaning is an essential part of maintaining a short-term rental property. A clean property can make guests feel comfortable and help them enjoy their stay!

Regular cleaning between guests is essential to maintain a short-term rental property’s condition and ensure that it is safe and hygienic for guests. It is also important to clean and sanitize high-touch areas such as door handles, light switches, and remote controls.

Deep cleaning should also be done regularly to prevent future issues and maintain the property’s overall condition. 

 

Repairs 

It is important to address any repairs or maintenance issues promptly to prevent them from turning into larger problems. Be sure to keep a list of reliable contractors on hand for any necessary repairs that require a professional.

  1. Plumbing issues: Plumbing issues such as clogged drains, leaking pipes, and broken toilets are common in rental properties. These issues should be addressed as soon as possible to prevent further damage to the property.
  2. Electrical issues: Electrical issues such as faulty outlets, broken light fixtures, and malfunctioning appliances can be dangerous if left unaddressed. These issues should be fixed as soon as possible to ensure guest safety. HVAC system issues:
  3. HVAC systems such as air conditioners and heaters may need repairs if they are not functioning properly. Appliance repairs: Appliances such as refrigerators, ovens, and dishwashers may need repairs from time to time. These repairs should be addressed promptly to prevent further damage to the appliance and ensure guest satisfaction.
  4. Roof repairs: Roof leaks and other roofing issues can be expensive to repair if left unaddressed.
  5. Flooring repairs: Flooring issues such as torn carpeting or cracked tiles can make the property appear unkempt and may be a safety hazard. These issues should be addressed as soon as possible to ensure guest safety and maintain the property’s appearance.
  6. Painting and drywall repairs: Paint chips and drywall damage can make the property look shabby and worn. These repairs should be addressed as soon as possible to maintain the property’s appearance.

 

Landscaping

Maintaining the outdoor space of a short-term rental property is just as important as the inside. A well-maintained outdoor area can create a positive first impression for guests. 

Keep the lawn trimmed, bushes trimmed, and remove any debris or garbage. 

Regularly check outdoor lighting to ensure that the space is well-lit and safe for guests.

 

Maintaining a short-term rental property is essential for both the guest’s experience and the property’s value. By creating a maintenance plan, cleaning regularly, addressing repairs and maintenance issues promptly, and maintaining the outdoor space you can keep your property in great condition.



What You Need to Know: Tree Removal and Liability

Posted by Jason White on

Tree Removal and Liabilities - What you need to know

Trees are an important part of our natural environment, but must be properly maintained or they can pose a risk to nearby buildings and properties.

In this blog post, we will answer some of the most common questions people have about tree removal and liability for damage to neighboring properties.

 

Who is responsible for tree removal cost?

The responsibility for the cost of removing a tree depends on a number of factors, including 

  • the reason for the removal 
  •  the location of the tree.

If the tree is on private property and needs to be removed for reasons of safety or health, the property owner is generally responsible for the cost of removal. If the tree is located on public property, such as a sidewalk or park, the cost of removal may be the responsibility of the municipality or other public agency.

 

I’m not sure a tree is mine, how can I find out?

The University of Tennessee Extension Institute of Agriculture published an article on Tree Owner’s Rights and Responsibilities. You can view it here.

 

What steps should I take to prevent tree-related damage to my neighbor’s property?

To prevent tree-related damage to your neighbor’s property, you should regularly inspect your trees for signs of disease or damage, and have any necessary maintenance or pruning done by a qualified professional. You should also be aware of any potential risks posed by your trees, such as overhanging branches or weak roots, and take steps to mitigate those risks.

 

Can my neighbor make me remove my tree if it is causing damage to their property?

If a tree on your property is causing damage to your neighbor’s property, your neighbor may ask you to remove the tree. In some cases, your neighbor may be able to take legal action to compel you to remove the tree if it is posing a significant risk or if it is causing significant damage to their property.

 

What types of damage can a tree cause to neighboring properties?

Trees can cause a range of damage to neighboring properties, including damage to buildings, fences, and other structures, as well as damage to landscaping, vehicles, and other property.

 In extreme cases, falling trees can also cause injury or death.

 

What happens if a tree falls on my neighbor’s property and causes damage?

If a tree on your property falls and causes damage to your neighbor’s property, you may be held liable for the cost of the damage. 

Liability will depend on a number of factors, including the cause of the tree’s fall and whether or not you knew or should have known that the tree was at risk of falling.

 

Can my neighbor sue me if my tree damages their property?

Yes, your neighbor may be able to sue you if your tree damages their property. 

However, liability will depend on a number of factors, including the cause of the tree’s fall and whether or not you knew or should have known that the tree was at risk of falling. 

If the tree fell due to natural causes, such as a storm or other act of nature, you may not be held liable. 

However, if the tree fell because it was diseased, damaged, or otherwise unstable, and you knew or should have known about the risk, you may be held liable for the cost of the damage. 

It’s important to note that liability for tree-related damage can be a complex issue, and may depend on local laws and regulations, as well as the specific circumstances of each case. 

If you are facing a legal dispute related to tree-related damage, it’s recommended to consult with a qualified legal expert.

 

Is it necessary to obtain permission from my neighbor before removing a tree?

In most cases, you do not need to obtain permission from your neighbor before removing a tree on your property. However, it is a good idea to inform your neighbor of your plans and discuss any potential concerns they may have.

 

What are the legal requirements for tree removal in my area?

The legal requirements for tree removal vary depending on the location and the specific circumstances. In general, it is a good idea to check with your local municipality or other relevant authorities to find out what the legal requirements are in your area.

To find out more information about the specific regulations in your area, we recommend contacting your local municipality. Here are some contact details for local municipalities:

Sevier County

Sevierville 

Gatlinburg 

Pigeon Forge

If I own a home in Sevier County, who can help me with tree removal?

The city of Gatlinburg provided a list of tree trimming and removal experts, you can find it here.

As a property owner, it’s important to take steps to maintain and manage your trees to prevent damage to neighboring properties and minimize liability for tree-related accidents. 

Regular inspection and maintenance by qualified professionals can help identify and address potential risks posed by your trees, and communication with your neighbors can help avoid disputes and legal action. If you are facing a legal dispute related to tree-related damage, it’s recommended to seek legal advice to better understand your rights and responsibilities. 

By being proactive and responsible, you can enjoy the benefits of trees on your property while minimizing the risks and liabilities they may pose.

 

*It’s important to note that the information provided in this blog post is for general informational purposes only and should not be construed as legal advice. While we have made every effort to provide accurate and up-to-date information, we cannot guarantee the accuracy or completeness of the information provided. 

 

Your Land Survey Questions Answered

Posted by Jason White on

What is a boundary survey?

A survey is a tool that provides valuable information about the boundaries, size, and shape of a piece of land. It is used to establish the legal boundaries of a property and to ensure that it is properly described in legal documents.


Why are surveys conducted?

There are several reasons why land surveys are conducted:

  1. To establish the legal boundaries of a property: A land survey is used to determine the exact location of the boundaries of a piece of land. This is important for establishing ownership and resolving boundary disputes.
  2. To create a map or plat of the property: A land survey creates a map or plat of the property that shows the location of the boundaries, buildings, roads, utilities, and other features on the land.
  3. To support the sale or transfer of property: A land survey is often required when a piece of property is being sold or transferred. It provides accurate and reliable information about the features of the land as well as the boundaries of the property. 
  4. To support construction projects: A land survey is important for construction projects because it provides accurate information about the boundaries and topography of the land. 
  5. To support land development and planning: A land survey provides important information about the topography, elevation, slope, and contours of a piece of land. 


What’s included in a land survey?

A land survey typically includes a map or plat of the property, which shows the legal boundaries of the land and any improvements or features on the property. 

The map or plat is usually accompanied by a written report, which typically includes a description of the property, including its size, shape, and location.

The map or plat of the property will typically show the location of the property in relation to nearby landmarks and other properties, easements, rights-of-way, or other encumbrances and may also include the location of any buildings, roads, utilities, and other improvements on the property. 

The written report accompanying the map or plat will typically include a description of the property, including its size, shape, and location. The written report may include information about the history of the property, such as any prior owners or uses of the land or information about the land survey process, including the methods and equipment used to gather data and the sources of information used to prepare the survey.

A survey may also include other materials, such as photographs, drawings, or other documentation to provide additional information about the property or to support the conclusions reached in the survey.

 

Why surveys are important..

A land survey is important because it can provide accurate and reliable information about the boundaries of a property, helping to resolve disputes and prevent costly legal battles.

In addition to resolving boundary disputes, a land survey is also important for construction projects. Before beginning any construction work, it is important to know the exact boundaries of the property and to ensure that the construction does not encroach on the property of others. 

A land survey is also useful for land development and planning purposes. It can provide important information about the topography of a piece of land, including the elevation, slope, and contours of the land. This information is useful for determining the suitability of a piece of land for a particular use, such as building a home or commercial development.

It is well worth the investment to obtain a land survey to ensure that a piece of property is properly described and its boundaries are accurately established.

 

How much does a property survey cost?

Land survey cost can vary widely depending on a number of factors, such as the size of the property, the complexity of the survey, and the location of the property. In general, a land survey can cost anywhere from a few hundred dollars to several thousand dollars.

Some of the factors that can affect land survey cost include:

  • Size of the property
  • Complexity of the survey
  • Location of the property
  • Type of survey

It is important to obtain multiple quotes from different surveyors to get an idea of the average land survey cost in your area.


How can I find a licensed land surveyor?

There are a few different ways you can find a licensed land surveyor:

  1. Ask for recommendations: You can ask friends, family, or colleagues if they have used a land surveyor in the past and if they would recommend them. 
  2. Search online directories: There are several online directories, such as the American Society of Land Surveyors (ASLS) directory or the National Society of Professional Surveyors (NSPS) directory, where you can find a list of licensed land surveyors in your area. These directories usually include information about the surveyors’ qualifications and areas of expertise.
  3. Contact your state licensing board: Each state has a licensing board that is responsible for issuing and regulating the licenses of land surveyors. 

 

It is usually a good idea to obtain quotes from multiple surveyors to get an idea of the average cost of a land survey in your area.

 

Five Steps to Making an Excellent Buying Decision

Posted by Jason White on

This week we partnered with Fairway Independent Mortgage in Knoxville, TN to answer the question “How do I make an excellent buying decision in this market?”

Branch Manager, Corey Freels shares his opinion with us:

According to a recent Gallup poll , only 30% of Americans believe it’s a “good time” to buy a home, while 69% of Americans believe it’s a “bad time”.  What’s perhaps more interesting is 7 in 10 Americans believe home prices will rise in their local areas… and as a whole, Americans believe real estate is the best long-term investment.

If 70% of us believe prices will continue to rise, and as a whole we believe housing to be the best long-term investment, then why do we also believe it’s a bad time to buy? 

Does something feel amiss here to you, too?

Well, if you work in the real estate industry OR you’ve waded into the treacherous waters of homebuying over the past two years, this might not surprise you all that much.  Interest rates are at their highest level in 13 years. 

Home prices are up 20% year over year nationally. Goodness, one study reports that half of Americans physically cried  at one point or more during the process. 

 

So, why in the world would we dip our toe into the housing market right now?? 

What was my greatest fear during the last two years of cheap mortgage rates, crippling supply, and a buying frenzy?  It was that we were subsequently pricing an entire generation (or more) out of owning their own home. 

I could write an entire article on the importance of the housing industry to the entire American economy, and its impact on net worth and social mobility.  Perhaps I will, but for now take my word for it: it’s crucial, non-negotiable, essential. 

You can make a great long-term buying decision in this market, and those that do will have taken advantage of what might be a generational buying opportunity. 

Housing is a basic human need (food, shelter, water) and there is no alternative.  You will participate in the housing market one way or another.  You can pay your own mortgage or cover your landlord’s.  The choice is yours. 

Whether or not you should buy a home, trade up, or sell your current home is far more about you individually than it is about market conditions. 

What volatile markets ARE good for, however, is making us stop and think so that we make a really good decision.  This is something we should be doing all of the time. 

 

Five Steps to Making an Excellent Buying Decision 

  1. Know your numbers – know what monthly payment you are comfortable with, how much cash you will need at closing, and how much you will have left over for a rainy day.  This is impossible without first meeting with a trusted mortgage advisor.  Put a lot of work and thought into this; it’s important. When you get comfortable with these numbers, do not waver.
  2. Manage your expectations – this is a deep concept, and you need a trusted real estate agent to walk you through it.  Maybe the home that was personally decorated by Joanna Gaines and has a pool with a waterfall in the back yard is out of reach, and that’s okay.  Think long term, which brings us to the next point.
  3. Think LONG term – some advice I got early on that has stuck and holds true: don’t buy a home you couldn’t OWN for 10 years. And I’m not talking about utopia here, I mean worse case, the world falls apart, will this house work for 10 years? 
  4. Fear scape – this is something you won’t read often as given advice.  Let your mind play out your fears.  A job loss, an illness, the market turns, etc.  Let your mind chase down those scenarios to their end, and then realistically see how prepared you are for those scenarios.  You’ll often find that the worst case isn’t all that bad, and that you could make things work. And then, LET IT GO.
  5. LET IT GO – there, we’ve given our mind time to be afraid, to think this through.  Now, we make decision on what we KNOW.  We know WHY we want our own home.  We know WHAT we’re looking for.  We also know WHAT we can afford.  Now, you’re ready. 

 

With the right counsel in a great mortgage lender and a great agent, you can absolutely make a great buying decision in this market.  And this market, unlike the past two years, will present opportunities for the majority of buyers who were left out of the frenzy. 

For two years, buyers with seemingly unlimited resources have dominated the market.  Now, they’re either all bought out or they’re afraid.  It’s your opportunity to participate in one of the greatest wealth building vehicles available to everyone. 

Feeling some fear about buying a home is completely normal.  I know I did.  But letting fear prevent you from making a wise decision is not productive, and we need to let logic lead us to the right conclusions. 

Fortune favors the bold, and this market will prove to be opportune for those that are bold. 

 

Fairway Independent Mortgage in Knoxville, TN can help with any of your mortgages needs!