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My father put the land in mine and my brothers name years ago but kept the timber/mineral rights. He has cut timber many times. Now he wants to sell the land and we don't agree. Can he sell the timber/mineral rights to someone without our knowledge? WHat happens to the land then?
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answered on Jul 28, 2020
If the conveyance to you and your brother is enforceable, then his reserving timber and mineral rights will also be enforceable. That could involve the entire surface of the 120 acres. You apparently state that Father owns the fee in timber and minerals, but only a life estate in the property... View More 
There is a vacant lot near my current location. I would like to use this land for a community garden, but don’t know if it’s okay to legally use or not. I have consulted with a local realtor only to find out there are no past nor present history on the property. Can i use this land without... View More
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answered on May 18, 2020
Your local realtor has no idea. A title search should disclose the present owner, who you might ask permission of to garden. Using the property is a trespass, but could develop into adverse possession. Checking the taxes might also disclose the opportunity for legal acquisition. Investing... View More
I am in the process of buying an old house (they don't even have the year it was built on record) that sits on the very corner of it's property. When looking up tax information I have seen some land line overviews that make it look like a corner of the house actually sits on the... View More
answered on May 4, 2020
You can buy it, for what it is worth. You may not be able to get title insurance without a special endorsement or exception, which is usually only problematic if you need a loan to purchase. You need to do some research on how long the house has been there, there is a statute of limitations on... View More
When seeking building permits for residential homes on heir property, can the municipality require roads that have sidewalks curbing and drainage before construction is permitted
answered on Apr 20, 2020
Your question is not very clear from the context, you seem to be confusing your issues. If you are trying to develop a piece of real estate, especially one to which title may not be clear due to inheritance issues, you should definitely invest in a consultation with an experienced real estate... View More
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... View More
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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.
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?
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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... View More
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.
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... View More
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.
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... View More
Title Deed, House or ownership?
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.
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?
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... View More
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... View More
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
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... View More
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?
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... View More
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... View More
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... View More
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?
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"... View More
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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