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Alabama Land Use & Zoning Questions & Answers
1 Answer | Asked in Traffic Tickets, Land Use & Zoning and Municipal Law for Alabama on
Q: Can the city of Millbrook have jurisdiction in Prattville on highwAy 14

I was pulled over by Millbrook city officer after I had crossed under the interstate 65 exchange and beyond the first red light you come to when you cross into Prattville on highwAy 14.he pulled behind me at the red light and when the light turned green turned on the blue lights.I don't believe he... Read more »

Whitney Benjamin Polson
Whitney Benjamin Polson answered on Jan 17, 2020

Venue is the legal term for where a legal case can be tried. If the crime and arrest were outside the city limits jurisdiction of the Millbrook officer, then your criminal lawyer can file an appropriate motion to dismiss the charge for improper venue.

1 Answer | Asked in Estate Planning, Land Use & Zoning and Probate for Alabama on
Q: Grandma passed away no will. Just put in my father and my aunts name. My father passes and my siblings and I inherit his

House in grandmas name still. My aunt wants in her name and claims we still will inherit after she passes. But by us signing over we are giving up any right,right?

I dont believe her and she says its Alabama law no matter what?

Nina Whitehurst
Nina Whitehurst answered on Dec 6, 2019

If you put the house in your aunt's name, then she can sell it to whomever she wants or leave it to whomever she wants in her will. If you are OK with that, then go ahead and do it. If you are not OK with that, then both your grandma's estate and your father's estate need to be probated to get... Read more »

1 Answer | Asked in Land Use & Zoning, Real Estate Law, Foreclosure and Entertainment / Sports for Alabama on
Q: Can you please explain this to me. So if I know where an abandoned house is. Do I need to file paper work and

Move in asap? If so what paperwork do I need to file. I've noticed a couple different forms that could be filed. I Know to change the locks. I need to know the right way to go about it so I don't get in trouble or go to jail for something I didn't understand.

Kevin M Ryan
Kevin M Ryan answered on Jan 19, 2019

Just because the house appears to be "abandoned" does not mean that there is not a legal owner. It may be owned by a bank, and in the process of foreclosure, probate or bankruptcy. You would need to contact the owner or the owner's legal representative in order to make an offer to purchase the... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Construction Law and Land Use & Zoning for Alabama on
Q: Does a HOA have the right to decide if I extend my driveway or not?

I live in a neighborhood with a HOA. My house is on a culdesac with an empty lot next to us (the empty lot has been deemed not build-able). I want to extend my driveway about two-feet towards the empty lot, but still on my property.

Samuel G McKerall
Samuel G McKerall answered on May 2, 2018

That's a question that can't be answered without looking the HOA's official documents, any subdivision regulations that apply and any local city, town or county ordinances that apply. Here's a short un-researched educated guess (that may or may not be correct): If none of the things or entities... Read more »

1 Answer | Asked in Construction Law, Land Use & Zoning and Real Estate Law for Alabama on
Q: My husband and I built our house from scratch on his parents land. How can we show its in our name to places?

Title Deed, House or ownership?

Barbara H. Agricola
Barbara H. Agricola answered on Mar 13, 2018

you can provide the deed which shows your ownership of the property. if the parents gifted you the land for you to build your house on it, then it needs to be recorded under your name in the probate court in the county where the property is located.

1 Answer | Asked in Contracts, Estate Planning, Real Estate Law, Land Use & Zoning and Probate for Alabama on
Q: What rights does my husband have? What rights does the 6th kid have? Can the 6th kid stop my husband from ownership?

My husbands Grandma and Grandpa have 7 kids and 17.8 acres of land. GM, GP, and 1 kid have passed away. 5 of the remaining kids want to sell their rights to the 17.8 acres to my husband. The 6th kid does not want to sell. How does my husband go about full ownership?

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Feb 26, 2018

This is a common problem. As I understand, there are 6 heirs at law of grandparents. One child has died. If that child had any children, they have the same rights as their deceased parents. So, if all parties but one wants to sell, what to do? FIrst, the property could be sold through the estate of... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Alabama on
Q: Can someone steal your land by illegally placing a trail or home on the land?
Samuel G McKerall
Samuel G McKerall answered on Dec 23, 2017

It depends on the length of time the trailer has been there and on the presence or absence and nature of any communications between the landowner and the owner of the trailer. Here's the principle involved:

Adverse possession, sometimes colloquially described as "squatter's rights",[a] is...
Read more »

1 Answer | Asked in Elder Law, Land Use & Zoning and Real Estate Law for Alabama on
Q: My sister is going into a nursing home..she deeded the house to me ..but I was told the state will take the house

I've been living with her for 5 years in her house...how can they take it if she deeds it to me?..she don't owe or anything of that sort

Jack T. Carney
Jack T. Carney answered on Oct 20, 2017

Your best course of action may be to consult with an "elder law" attorney in your area. The rules on Medicaid eligibility can be complicated. Based on the situation you described, Medicaid could not take the home because your sister deeded it to you. However, Medicaid will deny her services as she... Read more »

1 Answer | Asked in Copyright, Land Use & Zoning, Real Estate Law and Probate for Alabama on
Q: My mother passed away 5 years ago and I have been living in the home. The property was left to me, my sister and brother

However my brother was the executor of the will and has been paying the taxes on the property what are my rights and can he make me leave and take sole possession of the property?

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Sep 13, 2017

You did not say if the will was ever offered for probate. That is a key point. If it has been more than 5 years since your mother's death the will can't be offered for probate, and the estate would be handled as in intestate succession -- as if there was no will. I don't think your brother can... Read more »

1 Answer | Asked in Estate Planning, Appeals / Appellate Law, Juvenile Law and Land Use & Zoning for Alabama on
Q: Can a trustee be replaced with a conservator because trustee is incompetent (82 yrs old/unhealthy/nearly deaf)? Case?
Jack T. Carney
Jack T. Carney answered on Jun 15, 2017

If a Trustee serving under a trust agreement becomes incapable of serving in his or her role, a beneficiary can petition a court to remove that Trustee and replace them with a successor Trustee pursuant to the terms of the document. If the document has no provisions for a successor or if, for... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Alabama on
Q: My brother and I are both listed on the deed for the land. Do we have equal rights to the property?
Samuel G McKerall
Samuel G McKerall answered on Apr 22, 2017

Yes. You each have an equal interest in the property. The deed can be written in one of two ways. Well, three ways, actually.

It can read that you hold title as tenants in common, in which case each of you holds an undivided one half interest. Under this form of ownership, either of...
Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Alabama on
Q: Looking to buy 10 acres of undeveloped land. The seller has stipulations A-S one of them is I have to follow rules and

Pay fees of homeowners association if one is put in on a 43 acre lot that is part of the track. Is this legal, or something I would be held to?

Samuel G McKerall
Samuel G McKerall answered on Apr 13, 2017

If you're just at the stage of discussing it verbally, and the seller says that he will insist on putting that in the deed, then yes, if its written in the deed then it is something you would be held to. That would be called a covenant or restriction that would be said to "burden" the 10 acres.... Read more »

2 Answers | Asked in Land Use & Zoning for Alabama on
Q: jurisprudence relating to the preservation of the aerial view of a monument destroyed by the construction of a building
Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Jul 17, 2015

You are going to have to give details here. If you want to sue because you can't see a monument anymore you probably cannot. Will you give some details, please?

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