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Alabama Real Estate Law Questions & Answers
0 Answers | Asked in Family Law, Land Use & Zoning and Real Estate Law for Alabama on
Q: If a minor is deeded 1/2 a property by noncustodial, paternal grandparent, does the noncustodial father govern property?

My child was deeded 1/2 of their grandmother’s property at the time their father was deeded the other half. She is not deceased but liquidating assets. I have primary custody with tie breaker across the board. Our court order does not specify property rights and only includes medical, day to day... Read more »

0 Answers | Asked in Real Estate Law for Alabama on
Q: Am I responsible to pay for a lease I signed but informed management before the move in date I decided not to move.

I did not pay the deposit nor have I obtained any keys.

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 »

0 Answers | Asked in Real Estate Law for Alabama on
Q: If a tenant doesn't give the landlord 30 days notice in writing and moves out before the expiration of the written lease

can the landlord keep the deposit for loss of rent

1 Answer | Asked in Real Estate Law for Alabama on
Q: can Adverse possession in Alabama be pursued during and enjectment? Will I know if and enjectment is filed in court?

Lived on property for 27 years I purchased the mobile home from individual that was on private lot I did pay a lot rent fee 75 a month to who I was made to me believe was the rightful owner but after 17 or so years I find out she has not owned the property since two years before me movin in so... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 7, 2022

Has an Ejectment action been filed? If so, then you must hire a competent AL attorney now to file an Answer and defend you. If no suit, you may be able to shore up your claim of ownership, with or without color of title.

1 Answer | Asked in Probate and Real Estate Law for Alabama on
Q: How long, typically, after closing on the sale of real estate in probate does it take before the beneficiary gets paid?

We closed on the sale 2 mos ago and I haven't heard from my attorney at all. Is this normal?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 10, 2022

No.... Go see the attorney in person. But first determine if he represented you in the first place. If not, you may have a problem with the buyer.

1 Answer | Asked in Estate Planning and Real Estate Law for Alabama on
Q: If the estate of my wife's grandmother who is deceased is in her care does that mean that the property is legally hers?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 13, 2022

No You may want to check the Probate File at Court. It sounds like the wife is an Administratrix/Executrix.

1 Answer | Asked in Real Estate Law for Alabama on
Q: Can a tenant be required to vacate residential rental property immediately?

I am providing a tenant notice to pay rent within 7 buisness days.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 13, 2022

No, you have to sue for possession and get a Judgement first.

1 Answer | Asked in Real Estate Law, Elder Law and Probate for Alabama on
Q: My father died 12 years ago. My sister paid all his debts & all taxes on his property have been paid.

she did not file probate when he died. We want to sell his mobile home. What do we do now?

Frank Truncali
Frank Truncali
answered on Aug 21, 2022

Some additional facts are needed before an attorney can fully answer this question. For example, is the mobile home still titled in your father's name? Does this sale involve the land that the sits on? I recommend contacting a probate attorney in your area to further discuss the next steps... 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: 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: 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: 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 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 Consumer Law, Products Liability, Real Estate Law and Probate for Alabama on
Q: My grandmother passed away September 2021. Myself and another relative are both executors over her probate. Her house

was to be sold and split. I verbally agreed to buy the house and started living in the house before probate was closed. On April 8th, the house burned down due to hoverboard board exploding.

My question is can I sue hoverboard if the house wasn't in my name at the time of the fire or... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jul 1, 2022

The cause of action for Product Liability, Negligence, etc. is arguably personal property of the Estate. But usually the devisees own the real property when the Will is Probated. To prevent an insurance defense lawyer from dismissing the suit for lack of standing, Both Co-Executors and... Read more »

1 Answer | Asked in Real Estate Law for Alabama on
Q: My sister, brother and I inherited parents house.Brother moved in without my sister or my consent, refuses to leave/sell

In Alabama. Won’t pay rent, move or sell.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 28, 2022

Hire a competent AL attorney to search the title, determine Heirship, then file an Action for a Partition Sale.

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 »

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