The timber trespass is approximately 20,221 ft sq. What timber trespass laws does The State of Alabama have?
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
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
Tuscaloosa Court House but she did not redeed it to him. There is only one sibling left and now she wants to sell the house, what can I do as the widow of the son. Does the house belong to me?
answered on Jul 4, 2023
This is a complex question. A stated intent is not enforceable. In probate and real estate law, written and notarized documents, i.e., deeds and wills, rule.
If the person whose name is on the deed as owner of the property died without a will, then the property is ruled by the laws of... 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
I will complete my answer by saying the costs and fees of inheriting property would include a good accountant, because substantial or complex property requires excellent accounting. In most cases, there would be no substantial transfer tax on inherited real estate when you record a deed in the... 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.
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
I am not sure if they can do this or if it would be good for me to sign for the conversion. Thanks.
answered on Jun 8, 2023
That means you have a Lease With Option To Purchase, and own nothing. A Deed to you with a Vendor's Lien on it means you own it subject to a Lien, which needs to be complied with and released of record upon satisfaction. If you do not pay, Lienor can execute on property. You might want a... View More
I am purchasing my home with a Contract for deed for the last 4 years. Received an email today from seller wanting to change my Contract for deed to a Vendor's lien deed. What does this mean for me?
answered on Jun 7, 2023
Without being able to read minds, my best guess is property taxes. With a contract for deed, you don't own the property and therefore are not responsible to pay the property taxes. Of course, you are running a huge risk that the owner ultimately won't transfer title, or that the owner... View More
Bob owns a 7 acre parcel. Bob and Betty jointly own an adjacent 14 acre parcel. Bob and Betty bought a mobile home and placed it on the parcel Bob owns. They jointly signed a mortgage for $70,000, pledging the two parcels as security. The mobile home became a part of the 7 acre property as an... View More
answered on May 16, 2023
There is no right or wrong answer. It depends on what the parties agree to.
But, if they sell the 7 acre parcel with the mobile home, the presumably will get more because of the value the mobile home adds. Unless they’ve not kept the mobile home in good repair, one would assume the... View More
Land has been in my family since the 60's, my grandmother was killed in 2019 and had given me a small section of land adjoining mine back in 2009, but she never updated her will to include it as said. Her house and property was sold off in 2021. Now my yard with my kids playset, etc which... View More
answered on May 2, 2023
If your grandmother gave you a piece of land, even if it was not included in her will, then legally you would have a claim to that land. However, if the property was sold without your knowledge or consent, you may need to take legal action to assert your rights to the property.
You may want... View More
to get our part. The house and 5 acres is what is left. I took care of my mother and moved in with her until her passing. I have lived there and my brother has trailer on the 5 acres along with his son who bought out another grandchild part. So I still have my part but am being told that my brother... View More
answered on Apr 10, 2023
If you are a tenant in common, then you own an undivided interest. And any possessory/ejectment proceedings will be dismissed. But it sounds like you should hire an AL attorney to search the Title and determine exact ownership now, prior to any suit against you. A Partition Action might be in... View More
people whose names on the deed are both deceased. There was no will reading, no one truly knew who it went to. It was sold recently by a family member without telling others, and then resold two weeks later to someone else.
answered on Feb 13, 2023
The actual Heirs need an AL attorney now to file suit for Ejectment. It will be difficult and expensive but the alternative is losing the property forever very quickly. A Title Search should be performed first so that all interested parties are sued.
We have made monthly payments, including homeowners and have been paying property tax. The only paperwork we signed was promissory note and vendor's lien deed. The vendor's lien does say the grantor was to have filed deed with the courthouse. Now we are finding that potentially this was... View More
answered on Feb 10, 2023
Was this transaction (if a "purchase") conducted with a title company? If so you might have a claim under the title insurance and potentially the seller.
However, from the sounds of it - you still owe the original owner for the purchase of the property (If I am reading the... View More
answered on Jan 11, 2023
Did you receive a Deed? No cause of action if a Quit Claim Deed. If a Warranty Deed, then demand or sue the seller for him to get title. When he does it immediately inures to your benefit because of After Acquired Title/ Estoppel By Deed under one of the four covenants of title. If no Deed... View More
answered on Nov 21, 2022
Tax liens can be handled in various ways throughout the State of Alabama. Because I do not know the county or city that you are in I cannot tell you which set of rules that your lien follows. It is very possible that you have a right to possession after purchasing the property at a tax sale but it... View More
Lived on property for 27 years I purchased the mobile home from individual that was on private lot I did pay a lot rent fee 75 a month to who I was made to me believe was the rightful owner but after 17 or so years I find out she has not owned the property since two years before me movin in so... View More
answered on Nov 7, 2022
Has an Ejectment action been filed? If so, then you must hire a competent AL attorney now to file an Answer and defend you. If no suit, you may be able to shore up your claim of ownership, with or without color of title.
He was fined today and today I received a notice that I have 30 days to leave or will be more legal action
answered on Mar 27, 2024
Alabama law is more favorable to landlords than to tenants. Begin your defense with your written lease, if you have one. Even if he cannot evict you easily, he could refuse to renew your lease next time around. If you don't have a written lease, the law presumes you are a month-to-month... View More
Water is not leaking my bathroom but under floor in bathroom
There is another water leak from broken waterline behind Exterior Brick wall near front door water pores out thru Bricks & once Fawcett is turned on the water pores out & no water pressure upstairs
I've... View More
answered on Mar 22, 2024
Your HOA has an address listed somewhere in your closing documents for you to use when giving official notice.
I suggest you send a letter with photos explaining the situation via certified mail, return receipt requested.
Then send it again three days and again three days later.... View More
I want a home where I wasn’t on the loan. The deceased borrower was the only one on the loan and deed. I know I can’t be forced to assume the loan or make the payments but I want to stay in the home without refinancing in my name. Can the loan stay in the names of the deceased only and... View More
answered on Mar 20, 2024
If you do not have a deed to you and you are not an heir, then the titled owners will probably sue your for possession. If the note is not serviced, or taxes/insurance not paid, then the lender will foreclose. You will not receive notice of the foreclosure as you are not on the note. If... View More
I will get the deed to a home owned by my spouse signed over to me from his estate. However, I don’t want to go through the process of trying to refinance in my name. If his estate stays open, can I get the deed to the property but also keep the loan in his name forever? Will the mortgage company... View More
answered on Mar 20, 2024
Under federal law the lender may NOT call the loan due and may NOT force you to refinance. As the borrower's "successor in interest" you are entitled to receive the monthly statements going forward. As long as you keep up the payments, the lender may not foreclose.
You may... View More
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