Huntsville, AL asked in Land Use & Zoning and Real Estate Law for Alabama

Q: A subdivision owner is claiming my land is in his subdivision, yet the legal description nor deed reflect that anywhere.

The subdivision owner is claiming I must follow their covenant rules even though my property is not legally described as being part of this subdivision. In the deed history the land was sold as a Tract to a party that foreclosed, where they agreed to do so, but the subsequent deeds from the county (foreclosure and mine) never make mention of these restrictions. The legal description from the initial deed to my current deed is a simple metes and bounds whereas every other Lot in the neighborhood is classified as such in the said subdivision.

1 Lawyer Answer
Anthony M. Avery
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  • Real Estate Law Lawyer
  • Knoxville, TN

A: To really clear title, you will need an AL attorney to sue all subdivision owners in a Quiet Title Action. But first the attorney must carefully search that title. Any restrictions must be in your chain of title, not just someone else's.

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