Northport, AL asked in Real Estate Law for Alabama

Q: Father lived on grandfather's land for last 20+ years, then land was sold, what rights if any does he have?

My father built a house on and has occupied land owned by my grandfather in Alabama for the last 20+ years. A month ago the land was sold to another family member. What rights, if any, does my father have in this situation?

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Anthony M. Avery
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Answered

A: Obviously he may have a claim to title by adverse possession, and that the recent deed was void for champerty. However you apparently know nothing about the title, which needs to be searched. The Father probably should have intervened in the sale, by quiet title action, etc. He needs a competent attorney. The tax statutes may have been involved. He probably was only one of the Heirs as a tenant in common, and may still own at least an undivided interest.

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