Specialty & Unique
Caves, waterfalls, minerals and one-of-a-kind buildings.
Photo: Uriel Soberanes, Unsplash
Specialty & Unique in Tennessee
What to know about Specialty & Unique.
The Find a Home Team has sold one property of this type. It is below, as Find a Home’s own Specialty & Unique page features it.
Some Tennessee property carries something extra: a cave entrance, a waterfall, a spring branch, a working well, a stand of timber, a church turned into a home. Each one adds its own permits, title questions and specialists.
- 01
Caves and karst
In 2009, TWRA reported more than 9,200 documented caves in Tennessee, more than any other state. Damaging cave formations, disturbing cave life or artifacts, or tampering with a cave gate without the owner’s permission is an offense punished as theft. A seller must disclose a known sinkhole before contract, even if it isn’t on the plat. Before you build or site a septic field on karst, call a geologist who knows it.
Sources: TWRA news, 2009: historic caves of Tennessee · Tenn. Code Ann. 11-5-108 · Tenn. Code Ann. 66-5-212
- 02
Waterfalls, springs, creeks and lakes
Tennessee follows riparian water law: owners of land along water may make reasonable use of it without interfering with their neighbors’ rights. Altering a stream, river, lake or wetland generally requires a TDEC Aquatic Resource Alteration Permit. Along the Tennessee River system, docks and shoreline work need TVA Section 26a approval. Check the FEMA flood map on any water frontage.
Sources: TDEC TN H2O plan: institutional and legal framework · TDEC: Aquatic Resource Alteration Permit · TVA: Section 26a regulations · FEMA FloodSmart: what is my flood zone?
- 03
Oil, natural gas and minerals
TDEC’s Oil and Gas Program permits and inspects oil and gas wells, and its map viewer searches permitted wells by address. A severed mineral interest that goes unused for 20 years with no statement of claim recorded can lapse to the surface owner through a court process. Order a title examination that searches specifically for severed oil, gas and mineral rights.
Sources: TDEC: oil and gas permits · TDEC: oil and gas map viewers · Tenn. Code Ann. 66-5-108
- 04
Timber
Greenbelt forest land needs at least 15 acres, and rollback recaptures three years of savings if the use changes. The Tennessee Division of Forestry recommends a consulting forester. Tennessee sets no legal standards for consulting foresters, so check professional memberships and use a written contract.
Sources: Tennessee Comptroller: Greenbelt · Tennessee Division of Forestry: forestry services · Tennessee Division of Forestry: consulting foresters
- 05
Historic and converted buildings
National Register listing doesn’t restrict what a private owner does with private funds; a local historic overlay, where one exists, can regulate exterior changes. Turning a church, schoolhouse, barn, silo or mill into a home or an event space is a change of occupancy, with new code requirements.
Sources: National Park Service: National Register FAQs · Tennessee State Fire Marshal: plans submittal
- 06
Special-use property
Tennessee’s agritourism law limits liability for inherent farm risks when the warning sign is posted at the entrance and each activity site, in one-inch letters. The law doesn’t name weddings. A farm wine permit requires at least 95 percent of the wine to come from produce grown on the producer’s own farm, and a private landing area generally needs FAA Form 7480-1 filed at least 90 days before construction.
Sources: Tenn. Code Ann. 43-39-103 · Tenn. Code Ann. 43-39-101 · Tenn. Code Ann. 57-3-207 · 14 CFR Part 157 (eCFR)
- 07
Financing a one-of-a-kind property
Fannie Mae allows unique homes when the appraiser can support a reliable value, but a property with no evidence of market acceptance isn’t eligible. Talk with lenders early, before you’re under contract.
From Find a Home’s own Specialty & Unique page, which cites a source for each fact: tennessee.findahome.com/specialty
Information only, not legal, tax or engineering advice.
Before you buy
What to look for, and what to ask.
What to look for
- A cave: entrances, gating, and whether bats use it. Ask TWRA or USFWS before any change.
- Sinkholes: the seller’s disclosure, and a karst geologist before you build or site septic.
- Creek, spring and pond work: whether TDEC requires an ARAP before you start.
- Lake frontage: existing TVA or Army Corps shoreline permits, whether private docks are allowed on that lake, and the 60-day TVA notice.
Source: TVA: Section 26a regulations
- Mineral title: a search for severed oil, gas and mineral rights, recorded leases, statements of claim and pooling orders.
- Converted buildings: a certificate of occupancy that matches the current use.
- Lenders willing to finance the property type, early.
Questions people ask
- Does Tennessee really have more caves than any other state?
In 2009, TWRA reported more than 9,200 documented caves, more than any other state.
- If I own a cave, am I liable if someone gets hurt in it?
Tennessee’s recreational use statute limits a landowner’s duty for caving, with exceptions that include gross negligence and willful conduct. Ask an attorney and an insurance agent.
Sources: Tenn. Code Ann. 70-7-102 · Tenn. Code Ann. 70-7-104
- Do I need a permit to work in a creek or build a pond?
Usually an ARAP from TDEC, and many small projects fit a general permit. The fee for a home or family farm is $50.
Sources: TDEC: Aquatic Resource Alteration Permit · TDEC: ARAP general permits
- How can I tell whether a property has oil or gas wells?
Search TDEC’s map viewer by address. Older or unpermitted wells may need a site visit and a petroleum engineer.
Source: TDEC: oil and gas map viewers
- What if someone else owns the minerals under my land?
It’s common. A title examination should search for it, and Tennessee has a court process for minerals unused for 20 years with no recorded claim.
Source: Tenn. Code Ann. 66-5-108
- Does National Register listing limit what I can do?
No, for a private owner using private funds. A local historic overlay can regulate exterior changes.
- Can a barn be used for weddings?
The agritourism law’s protections need posted warnings and don’t name weddings, and county zoning and code rules still apply.
Sources: Tennessee State Fire Marshal: plans submittal · Tenn. Code Ann. 43-39-103 · Tenn. Code Ann. 43-39-101
From Find a Home’s own Specialty & Unique page, which cites a source for each fact: tennessee.findahome.com/specialty
The team’s listings
The Specialty & Unique property the team has sold.
- Sold
Sold by Jason Galaz: Waterloo Venue and Events, 145 Virgil Murphy Cir, Cookeville, TN.
A scenic event venue and vacation/glamping stay situated directly between natural waterfalls with a creek, swimming areas, and a metal staircase leading down for a close-up view. Day passes are often available for creek and waterfall access.
From Find a Home’s own Specialty & Unique page: tennessee.findahome.com/specialty
Keep exploring
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