Miami, FL asked in Real Estate Law for Alabama

Q: In Alabama does a tax lien holder of land have legal right to enter property on land?

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1 Lawyer Answer
Mr. James Parrish Coleman III
Mr. James Parrish Coleman III
Answered
  • Robertsdale, AL

A: If the owner does not wish for them to enter onto the land, then they are trespassers and the owner can demand that they not enter the land. One who holds a tax lien only as the rights to the land that the State of Alabama or the County in which the land is situated had to the land before it gave a deed to that land to the tax lien holder (i.e. the right to the taxes). The holder of the lien does not own the land outright. He must meet a certain set of requirements to be deemed the owner in fee simple, one of which is possessing the land for three years from the date he was entitled to demand a tax deed, and he must then bring an action of ejectment and quiet title to the land. Only then will he own the land in fee simple. If you're located in Mobile or Baldwin County and need assistance in this matter, please feel free to contact me at 251-947-6247 and ask to speak to James P. Coleman III.

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