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Questions Answered by William Vann Burkett
1 Answer | Asked in Car Accidents for Alabama on
Q: I was involved in an accident 11/18/22. The other driver came in my lane going in the same direction at 70mph in Ms.

The police report said she was changing lanes and hit my car, ran my off the road. I’m in pain due to rheumatoid arthritis and plates and screws previously in both wrists. I live in Florence Al, the wreck occurred in Starkville Ms. Do I contact her insurance or what?

William Vann Burkett
William Vann Burkett
answered on Nov 21, 2022

You should contact a personal injury attorney immediately. Do not speak with an adjuster or insurance company until you have spoken with an attorney and received legal counsel. Based on the few facts that you report, it appears that the other driver is at fault. Any time there are significant... Read more »

1 Answer | Asked in Tax Law and Real Estate Law for Alabama on
Q: I have a tax lien on a property where the landowner has died. Would I be able to take possession of the vacant property?
William Vann Burkett
William Vann Burkett
answered on Nov 21, 2022

Tax liens can be handled in various ways throughout the State of Alabama. Because I do not know the county or city that you are in I cannot tell you which set of rules that your lien follows. It is very possible that you have a right to possession after purchasing the property at a tax sale but it... Read more »

1 Answer | Asked in Real Estate Law on
Q: Do I need a lawyer to add joint tenancy with right of survivorship to my house deed?
William Vann Burkett
William Vann Burkett
answered on Oct 7, 2022

This is a great question. While you may attempt to draft a deed yourself it is certainly not recommended. The language must be very specific to achieve your goal of adding survivorship rights. You should contact a real estate closing attorney who can draft a deed that will accomplish your goal.

1 Answer | Asked in Environmental, Real Estate Law and Civil Litigation for Alabama on
Q: Who is responsible for my property damage caused from high velocity storm water from the alabama state highway drain pip

The flooding is more than 60ft wide and rapid. Resulting in erosion, pushes out my underpinnings, and all my house exits are flooded for a time.

Aldot has come out and cleared the drainage ditch last August the problem still persists, more frequently. That's all they will do. Im 750... Read more »

William Vann Burkett
William Vann Burkett
answered on Aug 4, 2022

It is possible that you have a claim against the state for what is called inverse condemnation. The state is generally not permitted to take or destroy private property without going through a formal condemnation procedure. However, the law is very technical as to what is considered a regulatory... Read more »

1 Answer | Asked in Real Estate Law for Alabama on
Q: Unmarried couple on mortgage, now splitting. How to handle who gets house, buyout, or sell?

Domestic partnership of 6 years, 4 of those years in a house with mortgage. My name is the primary borrower, her’s is co-borrower. There was no pre-planned paperwork stating what would happen if/when a split occurred.

How does the process work for the one who stays and the one who leaves?... Read more »

William Vann Burkett
William Vann Burkett
answered on Aug 4, 2022

You should contact a real estate attorney who handles partition or sale for division cases. If you are a co-owner of the house you may have a claim for partition. Such claims may be used to divide the equity in real property if the co-owner parties cannot reach an agreement to resolve their... Read more »

1 Answer | Asked in Real Estate Law for Alabama on
Q: I purchased a house and have found extensive water damage.

The home inspection defined an area of sheetrock that needed repair. The seller repaired that area, but the entire wall is wet and rotted. It is so bad that it literally rains in the house. Is there anything I can do?

William Vann Burkett
William Vann Burkett
answered on Aug 4, 2022

You should contact an attorney who handles fraud and breach of contract claims. You may have a claim against the prior owners, home inspector, or contractor who repaired the wall. Because such claims are very fact specific, it is unclear whether you have a valid claim. You should contact an... Read more »

1 Answer | Asked in Real Estate Law for Alabama on
Q: I was served an ejectment for land I was renting from someone that has a mobile home I own sitting on it. What do I do?

B

William Vann Burkett
William Vann Burkett
answered on Aug 4, 2022

You should contact a local attorney who can help you evaluate any defenses that you may have. An ejectment is similar to an eviction in that the landowner is trying to regain possession of his or her land. In Alabama, you generally have 30 days to answer a complaint the date of service. You... Read more »

1 Answer | Asked in Real Estate Law for Alabama on
Q: Is this a reasonable partition attorney's fee. Plaintiffs $6000. Attorney's fees $6850+$1,127. should it be 10% of sell?

State of Alabama. Settlement Offer to defendants: out of pocket: court cost $854; appraisal $750, publication fees $1127. Att fees: $6,850 (*1/2 customary 10% in partition case); Plaintiffs: $6,000. Total $15,581. The attorney did not assist defendants (provided names of heirs and appraisal) Why is... Read more »

William Vann Burkett
William Vann Burkett
answered on Aug 3, 2022

Alabama law typically allows the Plaintiff's attorney's fee and expenses to be paid from the proceeds of the sale. However, a judge may review objections and determine a reasonable fee for the Plaintiff's attorney. Because I do not know the specific facts of your case I cannot give... Read more »

1 Answer | Asked in Real Estate Law for Alabama on
Q: How do I submit a sale of division forms to the courts, are will I need an attorney to do so on my behalf.
William Vann Burkett
William Vann Burkett
answered on May 4, 2022

Partition or Sale for Division is a cause of action under Alabama Law. To accomplish a partition of real property, a lawsuit will need to be drafted and filed with the appropriate probate or circuit court. Such actions can be very complicated and having an attorney is highly recommended.

1 Answer | Asked in Real Estate Law for Alabama on
Q: A title company will not sign off on the sell of our property due to a siblings that has been out of reach for 20 yrs.

yes. Have a will, and in article 3 of the will it gives my brother the title of personal representatives for the estate. It also say that he is free from the control and supervision of the courts to make the decision on the estate. Now the title company says we need to file a sale of division... Read more »

William Vann Burkett
William Vann Burkett
answered on May 4, 2022

The title company may be correct. If the property did not move through probate and the title documents were not handled correctly it is possible that multiple people hold fractional ownership interests. If there is a will or other document that has the power to transfer title or create a form of... Read more »

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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