Do You Need a Lawyer to Buy or Sell Land in Tennessee in 2026?

Tennessee land still offers big opportunity—whether you’re looking for a small recreational tract, a future homesite, or productive farmland. But today’s market also moves faster and carries higher stakes, which is why many buyers and sellers ask the same question: do you need an attorney to buy and sell land in Tennessee?

While Tennessee law doesn’t require a lawyer for every land transaction, the combination of rising values and shrinking land supply makes legal clarity more important than ever. Tennessee has been losing farmland at a rate of 237.2 acres per day since 2017, according to Public Service Institute officials via Talk Nashville West TN. And when you broaden the lens beyond farmland alone, Tennessee is losing agricultural and forest lands at a rate of 240 acres per day, according to the Tennessee Farm Bureau and Land Trust for Tennessee via Talk Nashville West TN. In a market where good land is getting harder to find, small legal mistakes can get expensive quickly.

The 2025 Reality: Land Is Scarcer—and More Valuable

Land values continue to climb nationally and in Tennessee, which can increase both opportunity and risk. In 2025, Tennessee farmland values increased 7.7%, according to the USDA National Agricultural Statistics Service (NASS) Land Values 2025 Summary. Tennessee cropland values also increased 7.8% in 2025, according to the same USDA NASS Land Values 2025 Summary.

National benchmarks help explain why more buyers (including out-of-state investors) are paying attention. U.S. average farmland values reached $4,350 per acre in 2025, up 4.3% from 2024, and Tennessee specifically showed a 7.7% increase, according to the USDA NASS Land Values 2025 Summary via American Farm Bureau Federation. U.S. average pastureland value reached $1,920 per acre in 2025, up 4.9% from 2024, according to the USDA NASS Land Values 2025 Summary.

Rents matter too—especially if you’re underwriting a purchase based on income potential. U.S. cropland cash rent values increased 0.6% to $161 per acre in 2025, according to the USDA NASS Land Values 2025 Summary via American Farm Bureau Federation. Pastureland cash rent stayed flat at $16 per acre in 2025, according to the USDA NASS Land Values 2025 Summary via American Farm Bureau Federation.

And behind the numbers are real people. In Tennessee, 97.5% of farms are family-owned, according to Farm Flavor. That reality often means inherited property, shared ownership, and long-standing handshake agreements—situations where legal help can prevent serious conflict.

The Legal Lowdown on Land Deals in Tennessee

You can buy or sell land in Tennessee without hiring an attorney. Many straightforward transactions close just fine with a knowledgeable agent and a reputable title company. However, land deals tend to involve more variables than home sales—access, utilities, boundaries, permitted uses, timber, minerals, water, and development restrictions can all change the value and the viability of the property.

A Tennessee real estate attorney helps you reduce uncertainty. They translate what you’re buying (or selling) into enforceable contract terms, and they help you avoid hidden liabilities that don’t show up in listing photos.

When a Real Estate Attorney Is Worth It

These are the most common situations where legal support can protect your money, your timeline, and your intended use of the land.

1) Untangling Property Rights, Easements, and Restrictions

Raw land can look perfect until you discover limitations that affect access or future plans. A real estate attorney can identify and explain issues such as:

• Zoning rules and land-use limitations (including agricultural, residential, and commercial restrictions)
• Easements (utilities, shared driveways, ingress/egress) that may reduce usable acreage
• Mineral and water rights that may be owned separately from the surface
• Environmental constraints that can affect building, septic approval, or development

2) Verifying a Clear Title (and Understanding What “Clear” Actually Means)

Title companies play a major role in closings, but an attorney adds a buyer- or seller-focused layer of review. Legal counsel can:

• Order and evaluate a title search
• Review title insurance exceptions and endorsements
• Resolve problems like liens, unresolved estates, boundary discrepancies, or missing deeds

3) Contract Strategy and Negotiation That Matches the Property Type

Land contracts often require more customization than standard residential purchase agreements. An attorney can help you:

• Build clear due diligence timelines and extension options
• Define what happens if a survey, soils test, or title issue reveals a problem
• Negotiate remedies, credits, cure periods, and termination rights
• Avoid vague language that leads to disputes after closing

4) Due Diligence: Surveys, Boundaries, Access, and Buildability

For buyers, due diligence is where good deals are confirmed—and bad deals are exposed. An attorney can coordinate with your surveyor, lender, title company, and agent to help you:

• Review surveys, legal descriptions, and boundary lines
• Confirm legal access and road frontage (or the need for a recorded easement)
• Identify red flags that could affect resale value or financing

5) Closing: Documents, Disclosures, and Clean Transfer

Land closings can involve multiple deeds, recorded restrictions, tax considerations, and entity signatures. An attorney can:

• Draft or review the deed and closing paperwork
• Ensure required disclosures and contract obligations are satisfied
• Help coordinate the secure transfer of funds and ownership

When Legal Help Becomes Essential (Not Optional)

Some situations raise the stakes enough that skipping legal review becomes a gamble:

• Complex ownership: inherited property, multiple heirs, trusts, divorces, or unresolved probate
• Commercial or development intent: subdivisions, rezoning, utility extensions, or entitlements
• Known or likely disputes: boundary disagreements, access fights, encroachments, or title defects
• Out-of-state buyers or sellers: when you need a trusted local professional to spot Tennessee-specific issues and coordinate locally

Cost vs. Benefit: Why Many Buyers and Sellers Still Hire an Attorney

Legal fees are real, but so are the costs of fixing a preventable mistake after closing. Many people hire an attorney for four practical reasons:

1. Risk management: You catch problems early, before money changes hands.
2. Efficiency: A professional can move the deal forward while you focus on your work and life.
3. Peace of mind: You close with confidence, not questions.
4. Negotiation leverage: Better contract terms can protect your deposit, your timeline, and your exit options.

Alternatives to Hiring an Attorney (and Their Limits)

If you choose not to hire a lawyer, you still have support options—but each comes with boundaries:

1. Real estate agents: Great for pricing, marketing, and coordination, but they cannot provide legal advice.
2. Title companies: Essential for title work and closing logistics, but they do not negotiate contract protections for you.
3. DIY approach: Possible for very simple transactions, but land law and local restrictions can be unforgiving.

The Land Boss Take

At Land Boss, we’ve spent years working inside Tennessee’s land market and closing deals with real people in real situations. We’re not attorneys, but we’ve seen how quickly a “simple” land deal becomes complicated when title issues, access questions, or unclear contracts show up late in the process.

• Tennessee land values can be difficult to pin down precisely—especially when supply tightens and demand increases.
• Cash land buyers (including companies like ours) can provide a faster, lower-friction option for sellers who prioritize speed and certainty over maximizing price.
• Selling land for full market value can take significant time and effort, often requiring extensive marketing, negotiations, and patience.

The Land-Selling Challenge

Land doesn’t sell like a house. Buyers need more information, financing can be harder, and the “unknowns” can be bigger. That’s why some owners prefer a fast cash sale—and why other owners choose to hold out for top dollar. Either way, a legally solid transaction protects you from surprises that can derail a closing or create long-term liability.

Final Thoughts

So, do you need an attorney to buy or sell land in Tennessee? Not always. But in a state where land is becoming scarcer and values are rising, legal guidance often pays for itself by preventing expensive mistakes.

If the deal is simple and you’re confident in the paperwork, you may not need legal help. If anything about the title, access, boundaries, intended use, or ownership structure feels unclear, a Tennessee real estate attorney can be the difference between a smooth closing and a costly problem.

Frequently Asked Questions (FAQs)

Do I really need a lawyer to buy or sell land in Tennessee?

No. Tennessee does not require you to hire an attorney for every land transaction. However, legal review is often a smart choice when the deal involves raw land, unclear title history, access questions, or any development plans.

How much does a real estate attorney cost for a land deal?

Costs vary by complexity and region. Some attorneys charge flat fees for straightforward transactions, while others bill hourly. Ask for an estimate upfront and confirm what the fee includes (contract review, title review, closing attendance, deed prep, etc.).

What does a real estate attorney do in a Tennessee land transaction?

A land attorney can review or draft the purchase contract, evaluate title and survey issues, explain easements and restrictions, coordinate problem-solving with the title company, and help you close with proper documents and reduced risk.

Can my real estate agent handle everything instead?

An experienced agent is invaluable for pricing, marketing, and negotiating, but agents cannot provide legal advice. Many buyers and sellers use both: the agent for the deal and the attorney for legal protection.

Should I hire a lawyer when buying raw land for a future build?

Yes, in many cases. Raw land purchases often involve zoning, access, utility availability, soils/septic constraints, recorded restrictions, and easements. An attorney helps you confirm what you can legally do with the property before you commit.