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Alabama Real Estate Law Questions & Answers
1 Answer | Asked in Banking and Real Estate Law for Alabama on
Q: We have the deed to house and 16 acres of land and have an equity line for 80% of the value. Can we sell 1 1/2 acres of?
Anthony M. Avery
Anthony M. Avery answered on Jun 30, 2020

If you equity line of credit is recorded as a Lien against 16 acre property you have in that County, then no. You will have to read the Loan Agreement verbatim as it may attach to any property you own. It appears you already have a Mortgage and it encumbers the whole Tract, (not just most or 80%... Read more »

1 Answer | Asked in Business Law, Contracts and Real Estate Law for Alabama on
Q: Is it possible to have someone on my behalf to sign real estate or legal documents for a Realestate transaction?

I want to start an LLC, as an absentee landlord & investor, I wan to employ a contractor whom will inspect my potential properties and sign purchase agreements, as well as other important documents for the procurement of properties. Is this legal to do in Alabama?

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Jun 16, 2020

Possible and very easy. Just execute a special power of attorney empowering the person whom you want to sign documents to do just that. Be careful and make sure it is properly drafted.

1 Answer | Asked in Real Estate Law for Alabama on
Q: Can a person file a lien on a house in Alabama? Or do they need to be a bank?

My father is going to pay for 80% of a house I am buying and I will pay him back. He wants to legally protect his interests and is hoping to have a lien on the house. Is this possible? What is the best way to go about this?

Anthony M. Avery
Anthony M. Avery answered on Jun 10, 2020

Hire a competent attorney to conduct this transaction. A Title Search is the first requirement. You can give your Father a Note and a Mortgage to the property after he conveys by Deed to you. Record the Mortgage.

1 Answer | Asked in Real Estate Law and Tax Law for Alabama on
Q: Can i seize control to my grandfather's house and eventually gain title?

Died 18 yrs ago in Alabama. No will. Estate never probated. Heirs abandoned property 4 yrs ago. Left unpaid taxes

Anthony M. Avery
Anthony M. Avery answered on Jun 4, 2020

This is probably a good property to hire an attorney for. You need a Title Search and an Affidavit of

Heir-ship. You might buy it a Tax Sale (where you definitely need a lawyer to actually get Title) , or get the Heirs-At-Law to Deed it to you

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Alabama on
Q: Is it legal for my landlord to take half of my mortgage payment and put it towards interest if i did not get a loan

i am purchasing a house directly through the owner and I didn't get a loan we just agreed on the payments. he takes half of the payments and puts it towards the interest and I don't understand how or if if it is legal.

Anthony M. Avery
Anthony M. Avery answered on May 18, 2020

Unless you have a Deed and have given him a Mortgage, you have purchased nothing. That is called a Lease and you are subject to a quick Eviction, not lengthy Foreclosure. Hire a competent attorney to analyze your situation. Either buy it or leave. Do not just lease thinking you are, or will... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Alabama on
Q: There is a vacant lot near my current location. I would like to use this land for a community garden!

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... Read more »

Anthony M. Avery
Anthony M. Avery 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... Read more »

1 Answer | Asked in Real Estate Law for Alabama on
Q: does a person have to file an action for adverse possession

what are the proceedures

Anthony M. Avery
Anthony M. Avery answered on May 14, 2020

There are no actions for adverse possession. You are talking about filing an Action for Ejectment, Boundary Line Dispute, Trespass, etc. It will involve asking the Court to declare you own the property due to adverse possession, either under statute or common law.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Alabama on
Q: I am buying an old house that may be sitting, partially, on the neighboring property. Can they make me remove it?

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... Read more »

Amanda B Cook
Amanda B Cook 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... Read more »

1 Answer | Asked in Civil Litigation and Real Estate Law for Alabama on
Q: If the picture on the deed an a servey don't match what does the law say or do
Amanda B Cook
Amanda B Cook answered on May 1, 2020

There really isn't enough information here to give you an opinion. You should take the deed and the survey to an experienced real estate attorney.

1 Answer | Asked in Real Estate Law for Alabama on
Q: Can someone else legally claim some of our farm property that has been fenced 48 years? We have paid property taxes.

Current tax maps do not show our property correctly.

Amanda B Cook
Amanda B Cook answered on Apr 28, 2020

Your question is a bit unclear as to who has had the property fenced for 48 years, you or the opposing party. There are many facts that are not contained in your question that would affect the outcome of the answer. I strongly suggest that you seek a consultation with an experienced real estate... Read more »

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Alabama on
Q: If one person passes away on a tenants in common deed (acreage) & no will is left, who does their portion go to?

My grandparents had a few hundred acres in Alabama that was left to my dad and brother in a tenants in common warranty deed. My dad seems to think (but I want to confirm) that when he passes away that his portion will automatically go to my mom, and if she passes then to me. There is no will (to... Read more »

Nina Whitehurst
Nina Whitehurst answered on Apr 25, 2020

Assuming all of the children are children of your mom and dad's marriage, when you dad dies your mother will inherit the first $50,000 of his estate and half of the rest and everything else will go to the children (all of them) in equal shares. If your mom later dies without a will her estate... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Alabama on
Q: When seeking residential building permits on what's considered heir property, do local road construction requirements,

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

Amanda B Cook
Amanda B Cook 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... Read more »

2 Answers | Asked in Real Estate Law and Probate for Alabama on
Q: G’mom died in Alabama. Two children: my father & his sister. My father died. Two children: me & brother. Aunt- none

How do I claim my portion of the property? My father left a will naming me and my brother as heirs. I am not sure if my grandmother, a widow, left a will. There are two houses and land. Everything is still in my grandmother’s name. My aunt stated her heirs are me, my brother and my two... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Apr 20, 2020

You need to petition the probate court for letters of administration. You will have to bonded, so go to any insurance company and get bonded before applying. Then you file in the newspaper for any creditors and wait the six months to see if there are any. After that is when you can start... Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Alabama on
Q: We were purchasing a home in Alabama. The people that live there wouldn't move out. They were given a written 30 day

Notice.After given the 30 day notice the corona virus shut everything down. The govenor suspended eviction notices. My question is did there 30 days start counting when the notice was given or will it start when the suspension is lifted?

Anthony M. Avery
Anthony M. Avery answered on Apr 14, 2020

The notice to leave the premises is not an eviction proceeding being prosecuted at Court. Once the Courts open up, file your eviction suit immediately.

2 Answers | Asked in Real Estate Law for Alabama on
Q: My closing attorney during the purchase of current home from back in 2004 claim they can not provide a copy of my

Owner's Title Insurance Policy, a copy of which I paid for back in 2004, due to them not retaining documents from back in 2004. As I never received the Policy back in 2004, can not the attorney issue me a new one without me paying a second time?

Vincent Gallo
Vincent Gallo answered on Apr 14, 2020

Contact the title underwriter directly and ask them to provide you with a copy of it.

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1 Answer | Asked in Real Estate Law and Small Claims for Alabama on
Q: How long does my landlord have to return my security deposit in AL? My lease says 45, but I've seen 35 and 60 online?
Sheila Crumley Field
Sheila Crumley Field answered on Apr 13, 2020

Whatever your lease says determines when it is returned. In your case it would be the 45 days because that’s what you and the landlord agreed upon when you both signed the lease agreement.

2 Answers | Asked in Real Estate Law for Alabama on
Q: How long is a home in the "pre-forclosure" status before it is actually forclosed on?
Amanda B Cook
Amanda B Cook answered on Dec 17, 2019

That depends on the policy of the financial institution. A bank, within the bounds of certain guiding federal regulations, can allow a debtor to forbear, modify, or refinance a loan as it deems appropriate - usually by internal written policy of the bank. Notice of the foreclosure has to be... Read more »

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1 Answer | Asked in Real Estate Law for Alabama on
Q: purchasing a home do you need the person on the title and to person on the deed
Amanda B Cook
Amanda B Cook answered on Dec 4, 2019

"Title" is an amorphous concept in real estate law. A "Deed" is the instrument you record at the courthouse to evidence your "claim to title", but there can be competing claims to title even if there is a recorded deed. Your question is a little unclear, I suggest you... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Alabama on
Q: Student w/ active apt lease. Can I keep my bdrm locked during showings and when I’m gone out of town? What are my rights

I’m a student w/ an active apt lease, I was not provided an intent to sell from PM, only day & time of showings. Apt went on mkt days after water damage (that still hasn’t been repaired) from a water heater was reported.

Anthony M. Avery
Anthony M. Avery answered on Nov 27, 2019

Unless the Manager destroys or steals your property, what would be your damages? There is no cause of action here. Even if the Manager and Customer hurt something, how would you prove it? Generally a landlord can enter the premises.

2 Answers | Asked in Real Estate Law and Small Claims for Alabama on
Q: My grandma died and my wife and I have been living I her house for 7 years and now my dad is trying to kick us out

Can he put the house in his name

Amanda B Cook
Amanda B Cook answered on Nov 25, 2019

That depends on a lot of different facts. Did your grandmother leave a Will? Is your father her only heir? I strongly recommend that you seek the advice of an experienced attorney.

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