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Questions Answered by William Vann Burkett
1 Answer | Asked in Gov & Administrative Law and Real Estate Law for Alabama on
Q: I am having problems with a county agency over a drainage ditch behind my house.

I'm having problems with a drainage ditch behind my house. Stormwater is cascading from the ditch onto my property cause severe soil erosion to the point my shed near the ditch is about to collapse into the ditch. The public works department says it is the water works problem and water works... Read more »

William Vann Burkett
William Vann Burkett answered on Jan 7, 2022

You likely need an attorney who handles eminent domain or inverse condemnation cases. The Alabama Supreme Court has found that in some cases excessive runoff and erosion may result in an unconstitutional taking. The viability of inverse condemnation claims are highly dependent on the timing and... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Construction Law for Alabama on
Q: I want my money back from a contract with a pole barn builder who has done no work in a 1 1/2. What type of lawyer do?
William Vann Burkett
William Vann Burkett answered on Jan 7, 2022

You likely need an attorney who handles contract disputes. Often construction law attorneys deal in large commercial disputes. A general practitioner or trial attorney will likely be able to give you advice on your individual situation.

1 Answer | Asked in Family Law for Alabama on
Q: How can I legally have someone removed from my home

I have told him to leave. He seems to think because he has mail coming to my house he is a resident

William Vann Burkett
William Vann Burkett answered on Dec 14, 2021

Generally, the landowner of real estate may bring a claim of ejectment against an individual living on the property without a lease. If the owner of the real estate and the resident have a written lease, then an action for eviction or unlawful detainer would likely be proper. You may find it... Read more »

1 Answer | Asked in Contracts for Alabama on
Q: Can a buyer cancel a contract in the state of Alabama three days after signing the contract?
William Vann Burkett
William Vann Burkett answered on Nov 3, 2021

The specific language of the contract may allow cancellation on certain terms. The common law may also allow cancellation based on certain breaches or conduct of the parties. However, the analysis is very fact-driven. It depends on the contract and the specific dispute between the parties. You... Read more »

1 Answer | Asked in Criminal Law and Real Estate Law for Alabama on
Q: I paid $23,000 for some property and a house from a few family members of my mine. They knew didn't belong to them.

I have deeds and all paper work to prove my case

William Vann Burkett
William Vann Burkett answered on Oct 6, 2021

You may be considered a bone fide purchaser for value. However, whether you actually obtained title to the property or not is likely dependent on what you knew about the property and what documents were recorded in the probate records. I highly recommend that you contact a real estate attorney that... Read more »

1 Answer | Asked in Real Estate Law for Alabama on
Q: husband passed away and i dont know anything about this mortgage, escrow ,loan ,dont know if i have home insurance

need help understanding the process what to do next

William Vann Burkett
William Vann Burkett answered on Oct 4, 2021

I am so sorry for your loss. You most likely need to go see a probate attorney who can help you with your husband's estate. It is especially important to complete the probate process where real property is involved in order to avoid issues with title later down the road. I would be happy to... Read more »

1 Answer | Asked in Contracts for Alabama on
Q: If a home builder changes the date of closing to tbd. I didn't sign that contract. Is it valid?

I signed the original contract with a close date of 9/16/21. The builder changed the close date to tbd. Now we can't get a close date in writing.

William Vann Burkett
William Vann Burkett answered on Sep 21, 2021

Generally, a contract will control the relationship between the parties unless modified. There are multiple ways to modify a contract under Alabama Law. The language of your executed agreement may have an effect on what methods are available to modify the agreement. In order to fully understand... Read more »

1 Answer | Asked in Uncategorized for Alabama on
Q: Which article would be the correct article for a cattle company llc. Title 10A Chapter 5A Article 11 or Article 8

Selling beef to the public, restaurant and grocery store

William Vann Burkett
William Vann Burkett answered on May 11, 2021

Any time you are starting a business or entering into a significant transaction it is wise to work with an attorney. The articles you mention are relevant to L.L.C.s that perform professional services and "series" L.L.C.s. These provisions may apply depending on whether you have formed an... Read more »

1 Answer | Asked in Real Estate Law for Alabama on
Q: A mortgage to secure option in Alabama?

I’m purchasing an option for 10,000 to buy the property for 250k within the next 20 years, however, I want to make sure the option is secure and won’t be closed over the top of. Can I use a mortgage or another security instrument to keep my option in place?

William Vann Burkett
William Vann Burkett answered on May 11, 2021

Any time you are dealing with a real estate transaction it is wise to work with an attorney. They will be able to advise you of the individual provisions of the option contract and how each influences your rights down the road. Generally, agreements and documents affecting title to land may be... Read more »

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