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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... View More
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... View More
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.
I have told him to leave. He seems to think because he has mail coming to my house he is a resident
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... View More
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... View More
I have deeds and all paper work to prove my case
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... View More
need help understanding the process what to do next
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... View More
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.
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... View More
Selling beef to the public, restaurant and grocery store
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... View More
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?
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... View More
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