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Alabama Real Estate Law Questions & Answers
1 Answer | Asked in Personal Injury, Real Estate Law and Municipal Law for Alabama on
Q: Are municipalities in Alabama not liable for injuries from sidewalks?
Bettie Carmack
PREMIUM
Bettie Carmack
answered on May 8, 2022

If you were injured by property owned by city, state or county, you can file a claim with the stated entity.

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 »

1 Answer | Asked in Real Estate Law for Alabama on
Q: Do children of a deceased parent automatically set to inherit their grandparents estate?

A grandmother had 3 grown children at the time of her death. She had no Will. Her estate continued to just exist with some family living in her homes. Two of her children passed. Would the one remaining child inherit all of her estate, or would the children of the deceased parents (the... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Apr 12, 2022

Children of deceased parents also inherit along with the living child receiving a third.

1 Answer | Asked in Real Estate Law for Alabama on
Q: Can an attorney be a plaintiff and an attorney on the same case? In Alabama

The attorney owns property that requires access through my property, as well as other property owners. We have never required permission from any residents to pass through. Only 1 neighbor has am easement. A construction company move in as well, and overburdens my property with heavy equipment, The... Read more »

Nelson Craig Johnson
Nelson Craig Johnson
answered on Apr 1, 2022

You or anyone else can file a lawsuit pro se. (pro se = represent yourself) Just because he is an attorney does not preclude himself from representing himself. He is also permitted to represent other parties involved in the same lawsuit so long as their interests do not conflict. If a conflict of... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Alabama on
Q: Can apartment complex violate the "Code of Alabama"

Can apartment complex violate the "Code of Alabama" Title 35 9A by charging it's tenants extra fees per month for trash removal ($5) and pest control ($10)? Who enforces the "Code of Alabama"? Who and Where do I file a complaint? Am I entitled to see the contract with the... Read more »

Nelson Craig Johnson
Nelson Craig Johnson
answered on Apr 1, 2022

For better and more specific answers to your questions you should contact an attorney directly in your area and provide him a copy of your lease agreement. An apartment complex would not be permitted to violate the Alabama Code regarding its responsibilities to tenants.

If the apartment...
Read more »

1 Answer | Asked in Real Estate Law for Alabama on
Q: buying a piece of property (.23 acres no dwelling) for cash. Seller has deed in hand. What do I need do to make it easy

No dwelling, do I need a lawyer or can I use a paralegal?

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

Hire a competent AL attorney to search the title, then draft the Deed. Once it is consummated, you probably will not be able to fix problems.

3 Answers | Asked in Divorce, Real Estate Law and Tax Law for Alabama on
Q: I am divorced and even though my ex-wife got the house, why are issues with the house still affecting me?

This is what is in my divorce says: Real Property: The Plaintiff shall be awarded the real estate located at: 3524 Alexandria Wellington Road, Alexandria, Alabama 36250. The Defendant has relinquished all right, title, and interest in said real estate by execution of a quitclaim deed filed... Read more »

Kristine Jones
Kristine Jones
answered on Feb 25, 2022

Hello. Thanks for your question. A well-written divorce decree or settlement will state the home must be refinanced in X days, or sold if it can't be refinanced by the party taking possession of the home. What you have shared, that language isn't in there, but it might be stated somewhere... Read more »

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1 Answer | Asked in Estate Planning, Real Estate Law, Tax Law and Probate for Alabama on
Q: My grandmother deeded her home to my uncle and is still living but in a nursing home. The home was sold and the money

and the money split between he and my mother. His name was the only one on both the deed to home and the ALTA statement and she wasn’t given a 1099. The money was split at the title office and deposited directly into the two separate accounts. How would she need to file this on her taxes?... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Feb 22, 2022

You wrote that your grandmother deeded her home to your uncle, but it sounds like she did not deed 100%. If she deeded to him a co-tenancy or joint tenancy interest, that would explain why the proceeds were divided between them. However, because of the inconsistencies in the facts given, and due... Read more »

1 Answer | Asked in Real Estate Law for Alabama on
Q: A land deed has a clause that says I have to offer it for sell to my grandfather's decendents before I can sell it.

He only had once child. She is deceased. My siblings don't want to purchase the land. Will there be an issue with the title once I sell it, because of this clause? What should I do?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 18, 2022

You will need a competent AL attorney to clear that Right of First Refusal. Apparently there may be interested Heirs. Then possibly an Affidavit of Heirship, and a QCD from them should clear the Title.

1 Answer | Asked in Gov & Administrative Law and Real Estate Law for Alabama on
Q: I am having problems with a county agency over a drainage ditch behind my house.

I'm having problems with a drainage ditch behind my house. Stormwater is cascading from the ditch onto my property cause severe soil erosion to the point my shed near the ditch is about to collapse into the ditch. The public works department says it is the water works problem and water works... Read more »

William Vann Burkett
William Vann Burkett
answered on Jan 7, 2022

You likely need an attorney who handles eminent domain or inverse condemnation cases. The Alabama Supreme Court has found that in some cases excessive runoff and erosion may result in an unconstitutional taking. The viability of inverse condemnation claims are highly dependent on the timing and... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Construction Law for Alabama on
Q: I want my money back from a contract with a pole barn builder who has done no work in a 1 1/2. What type of lawyer do?
William Vann Burkett
William Vann Burkett
answered on Jan 7, 2022

You likely need an attorney who handles contract disputes. Often construction law attorneys deal in large commercial disputes. A general practitioner or trial attorney will likely be able to give you advice on your individual situation.

1 Answer | Asked in Real Estate Law for Alabama on
Q: How do I transfer a deed to a house under my name to my company

The property is in Texas and I’m the LLC is in Alabama.

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

Hire a competent TX attorney to draft and record that Deed. A good AL attorney could also draft such a TX Deed, but most will not want to do the research on how to properly do so. There may be tax implications also. But the Granting Clause to a LLC must be right and you will not want a mistake... Read more »

1 Answer | Asked in Contracts, Estate Planning, Tax Law and Real Estate Law for Alabama on
Q: My dad is downsizing and is planning to leave me and my fiance his fully paid off house. We need any advice to get start

Should we inherit or transfer deed into name and just pay the property taxes?

Kevin M Ryan
Kevin M Ryan
answered on Jan 7, 2022

A Living Trust would be one of the best simple ways for your father to set up his estate plan. The real estate would need to be transferred to the Trust and the documents would most certainly need to be prepared by an attorney. An Attorney who practices in the area of estate planning and tax law... Read more »

1 Answer | Asked in Real Estate Law for Alabama on
Q: Alabama Real Estate re: sales contract Is there an inherent “cooling off” period allowing either party to cancel

Not specifically stated in the contract. In other words can the seller cancel the contract for no reason without consequence within a period of time (3 days, etc.)

Amanda B Cook
Amanda B Cook
answered on Jan 6, 2022

Usually there are provisions in the contract that allow to cancel for specific reasons, such as not passing inspection or clouded title. You really need a lawyer to read the whole contract in order to advise you of the specifics, as they can all be different.

1 Answer | Asked in Foreclosure, Land Use & Zoning and Real Estate Law for Alabama on
Q: I have an issues with foreclosure…I inherited the land but it has a mortgage from the previous land lord do I have to

Pay it ?Additionally I’m waiting for the title to the land

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Dec 7, 2021

The mortgage note is not your obligation. But the mortgage secures the payment of the note against the land...If unpaid, then foreclosure occurs.

1 Answer | Asked in Real Estate Law for Alabama on
Q: I have lived on the same piece of property for 10 yrs. what are my chances at adverse possession?

The property I live on was purchased by my mother from my grandmother a few years later my grandmother wanted everything out of her name and she transferred ownership to my brother who resides in Ohio hasn't lived in Alabama for many many years back in another section of property he has 10... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 8, 2021

Once you signed the Lease, you acknowledged you were not the owner. Once the Lease expires, and no monthly rental is paid but you pay taxes for several, several years, you might have a defense to his seeking possession. He would be force to file an Ejectment action, and then you defend with... Read more »

1 Answer | Asked in Criminal Law and Real Estate Law for Alabama on
Q: I paid $23,000 for some property and a house from a few family members of my mine. They knew didn't belong to them.

I have deeds and all paper work to prove my case

William Vann Burkett
William Vann Burkett
answered on Oct 6, 2021

You may be considered a bone fide purchaser for value. However, whether you actually obtained title to the property or not is likely dependent on what you knew about the property and what documents were recorded in the probate records. I highly recommend that you contact a real estate attorney that... Read more »

1 Answer | Asked in Real Estate Law for Alabama on
Q: husband passed away and i dont know anything about this mortgage, escrow ,loan ,dont know if i have home insurance

need help understanding the process what to do next

William Vann Burkett
William Vann Burkett
answered on Oct 4, 2021

I am so sorry for your loss. You most likely need to go see a probate attorney who can help you with your husband's estate. It is especially important to complete the probate process where real property is involved in order to avoid issues with title later down the road. I would be happy to... Read more »

1 Answer | Asked in Real Estate Law for Alabama on
Q: We have a signed contract to purchase a house but seller is very ill and may pass away before closing.Does that cancel ?

Does that cancel our contract? It’s in Alabama.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 9, 2021

Equitable Conversion takes place such that it is an enforceable Contract against the seller's successors in interest. It does complicate the title as the grantors' source of title must be determined and placed in the Deed's derivation of title clause. A Probate may complicate... Read more »

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