Exploring the Unique Customary Laws of Tennessee: An Insight into the State's Historical Legal Practices

Tennessee is one of the most fascinating states in the country, with a rich and varied history that dates back centuries. Its history has shaped its culture, including its legal practices. Even today, the state has many customary laws that are unique to it and reflect its history and cultural practices.

In this article, we will delve into these customary laws and explore their origins, evolution, and how they still impact the legal system in Tennessee. We will focus on some of the most interesting and important laws, including the right of passage law, the tree poem law, and the walking law.

The Right of Passage Law

The right of passage law is a customary law that is unique to Tennessee and has its origins in the state's mountain culture. This law gives landowners the right to cross through another person's property, even if that person has posted no trespassing signs. This includes the right to cross creeks, rivers, and streams.

The right of passage law is part of Tennessee's heritage. Before roads and bridges were built, people traveled by foot, horseback, or wagons. Without the right of passage law, people would have to travel miles out of their way to get around a creek or river. This law ensured that people could travel freely and easily, without having to go around obstacles.

The right of passage law was also important for farmers. They needed to get to their fields, which were often located on the other side of a stream or river. This law allowed them to cross the water and tend to their crops.

Today, the right of passage law is still in effect in Tennessee. However, it doesn't mean that people can cross over private property without permission. It only applies to waterways and provides limited access for landowners.

The Tree Poem Law

The tree poem law is another customary law unique to Tennessee. This law states that if a tree is found on a property line, the tree belongs to both parties who own the land on either side. The law is named after a poem that describes how a tree can be a source of dispute between neighbors.

The poem goes like this:

"Good fences make good neighbors, But only at proper intervals. Too close they undermine each other’s effort, Too far and the vacuum consumes them whole. Let this be an indication, To mark the space that bears together, Let this tree stand witness, To the line which neither yields."

The tree poem law is more of a tradition or custom than a formal law. However, it has been recognized by courts in Tennessee and has been used to settle disputes between neighbors.

In Tennessee, trees are considered an important part of the landscape. They provide shade, fresh air, and beauty, and they are often used as landmarks. The tree poem law helps keep the peace between neighbors by providing a clear and simple solution to a potential problem.

The Walking Law

The walking law is a custom that originated in Tennessee and was used by judges to settle disputes. It was also known as "the court's law" or "the court's word."

According to the walking law, a judge empowered with the law would walk the disputed land and review the evidence. The judge would then make a ruling based on what he saw and what he believed to be true.

The walking law was used in colonial Tennessee, when there were few formal laws and courts. It was used to settle disputes between neighbors and to determine property boundaries. The walking law was also used to resolve criminal cases. For example, if there was a disagreement about the location of a crime, a judge would walk the site and make his determination.

Today, the walking law isn't used formally in Tennessee courts. However, it is still part of Tennessee's legal history and is remembered fondly by some lawyers and judges.

Conclusion

Tennessee has a rich legal history that is reflected in its customs and traditions. These customs and traditions are unique and are part of the state's culture. The right of passage law, tree poem law, and walking law illustrate how Tennessee has developed its own laws that reflect its history and culture.

While these customs and traditions may seem quaint, they still play an important role in Tennessee's legal system. They help to settle disputes and keep the peace between neighbors. They also remind us of the importance of our history and traditions and how they shape our present and future.