answered on Dec 27, 2023
This will likely require you to file an ejectment action. An ejectment action is similar to an eviction but involves some unique procedures and rules. You should contact a local lawyer to discuss what claims you may have.
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answered on Dec 12, 2023
No... But the owner can take the MH away.
I've tried looking up whom to contact without luck
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answered on Dec 6, 2023
That is a difficult property tort. You need a witness as to damages. Keep looking until you hire a competent AL attorney to file suit.
Our HOA documents say the board can be removed with or without cause at any time with a majority vote from association members. There are enough signatures on a petition agreeing that a new board should be put in place and the old board removed to meet the majority. The committee formed to... View More 
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answered on Dec 4, 2023
In the context of an HOA (Homeowners Association), whether signing a petition is considered a formal vote depends on the specific bylaws and governing documents of your HOA. Typically, these documents outline the procedures for voting, including how votes can be cast and what constitutes a valid... View More
No spouse, no will, no other property in LA except vehicle. Resident of ˢᵀ. Martin Parish. I live in Atlanta. Also need ltrs of admin to stay foreclosure proceedings next week to sell home.
answered on Nov 15, 2023
I am not licensed in LA, so I cannot address the vehicle with any authority, though some states, such as Alabama, allow the transfer of a vehicle without the formal opening of an estate.
To lawfully transfer the Montgomery, AL real property, you would have to open an estate in the probate... View More
This house is paid for 100%, no liens no mortgages this is all I have I'm 58 years old how can I stop them from tearing my house down
I cannot afford a lawyer they know this not yet their decision was based on city ordinance on dangerous and unsafe buildings the house is in good shape... View More
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answered on Nov 13, 2023
Either hire an attorney or do the research and represent yourself, quickly. Once the house is demolished there will be a lien filed for the cost. And that lien might be executed against the land.
A purchase agreement was signed, and the buyer is failing to make monthly payments to the seller. I feel that I am being taken advantage of because they're a relative. The buyer is two months behind on payments as of now. I want to cancel the purchase agreement and eliminate this headache, but... View More
answered on Nov 17, 2023
So, this really depends on the purchase agreement and what the terms of the agreement are. You should consult a local attorney in your area, likely someone who handles real estate/landlord tenant law. Depending on those terms will determine what you can do or not do. If the buyer is in what is... View More
My mother and father are both disabled. They own their home and land. There are two liens on their property. Can they still transfer ownership of the property to me? (I am also disabled) Will the liens apply to me in anyway? Will I have to pay them? Could I lose the property? It is my current... View More
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answered on Sep 14, 2023
The transfer of the property to you may trigger the liens if they are attached to the property itself. Whether you would be personally responsible for the liens would depend on various factors, including the nature of the liens and state laws. Consult with an attorney experienced in real estate and... View More
Even if they not living there or done anything.
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answered on Sep 8, 2023
Yes they can... Hire an AL attorney that knows real property litigation. You could lose that land, but you probably have several defenses but will need some witnesses to your ownership not just the Deed.
Alright have a question. My dad passed away sadly in 2012 mind you I was a minor at the time I was left money as a child and my mother asked my lawyer if she could get us a house with it & so she did. She was my guardian I was the conservatee on the deed. I am now 23 years old, she has not... View More
answered on Aug 15, 2023
You likely need to contact a lawyer who can file a lawsuit to enforce the terms of the conservatorship or guardianship. A probate lawyer or general civil litigation attorney may be able to help you. While it is difficult to make a determination without a full review of all facts and circumstances... View More
answered on Aug 15, 2023
Typically when land is transferred the new owner will take the land subject to the terms of an active lease. This is dependent upon the actual terms of the lease as there may be contingencies for the farming tenant. You should contact a local attorney to review the relevant documents, advise you... View More
Neighbor throws their trash in my bin & keeps their bin next to mine on my yard on trash days.
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answered on Aug 8, 2023
In Alabama, laws regarding trash disposal and property boundaries can vary depending on local ordinances and regulations. Generally, it's considered respectful to dispose of your own trash in your own bin and to keep your bins on your own property. If someone is consistently using your bin for... View More
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answered on Aug 7, 2023
In most jurisdictions, if your rental property becomes uninhabitable due to issues like sewage backups, the landlord or rental company may be required to provide temporary housing, such as a hotel, until the issue is resolved and the property is habitable again. This is typically based on local... View More
The mortgage company is saying they can make me a successor of interest (her daughter). What is that and can I sell her house in the future? She had no debt except the mortgage and some back income tax. I have tried to get information from the IRS about her tax bill, but no one will help me. I am... View More
answered on Jul 27, 2023
If the mortgage is not paid, the mortgage company will simply foreclose on the property, sell it, and apply the proceeds to the unpaid mortgage amount. If there is a deficiency, it will submit a claim to the personal representative of your mother's estate when it is probated. If there is a... View More
The timber trespass is approximately 20,221 ft sq. What timber trespass laws does The State of Alabama have?
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answered on Jul 17, 2023
In the state of Alabama, there are laws that address timber trespass and unauthorized timber removal. One such law is the Alabama Timber Trespass Law, which allows landowners to seek compensation for damages resulting from unauthorized timber cutting on their property.
Under this law, if... View More
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answered on Aug 6, 2023
In general, the ability of a management company to run a Homeowners Association (HOA) meeting may depend on the provisions in the HOA's governing documents and applicable state law in Alabama. It is advisable to consult with an attorney familiar with Alabama HOA laws to determine the rights... View More
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... View More
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answered on Aug 2, 2023
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.
I want to buy some vacant land for myself to retire on in South Alabama. My husband wants to stay in Central Alabama.
answered on Jul 6, 2023
No law prevents a spouse from acquiring or selling land without the spouse. Alabama law does protect spouses through probate and family from being left broke by a spouse who liquidates property. Ala. Code Section 35-4-73 (a) says:
"No deed, contract, or other conveyance of land or... View More
My mom thinks that she has to do some weird legal workaround so that when we inherit her property we won't have to lose a ton of money on inheritance. I've researched as much as I can but she's not convinced. I've looked at AL and federal tax laws and can't find anything... View More
answered on Jul 4, 2023
Your mother may be worried about inheritance taxes, which are taxes on what you inherit. Fortunately, there are no federal inheritance taxes, and, just as well, there are no Alabama inheritance taxes. She will not pay taxes on what she inherits (unless, perhaps, she moves quickly to New Jersey,... View More
Lease is until 3/2025. I don’t want to evict them due to divorce and having to split assets.
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answered on Jun 30, 2023
The contractual right to receive rents will be marital property, which must be addressed specifically in the Divorce. Dealing with tenants, evictions, maintenance, and any other rental duty, must be expressed in clear terms as to who has authority and the duty. Also a potential term should be... View More
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