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Alabama Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Land Use & Zoning for Alabama on
Q: I am a Forester and have been asked to appraise unauthorized timber removal from a 13.24 acre stand of timber

The timber trespass is approximately 20,221 ft sq. What timber trespass laws does The State of Alabama have?

T. Augustus Claus
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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...
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1 Answer | Asked in Real Estate Law for Alabama on
Q: Can I buy, with cash, a vacant lot in Alabama without my spouse? Or could my LLC purchase it?

I want to buy some vacant land for myself to retire on in South Alabama. My husband wants to stay in Central Alabama.

James Blount Griffin
James Blount Griffin
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...
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1 Answer | Asked in Estate Planning and Real Estate Law for Alabama on
Q: Hello My mother-in-law wanted her son to have her home. She passed away and the house is in my husband's name at the

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?

James Blount Griffin
James Blount Griffin
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...
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2 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for Alabama on
Q: What tax/fees/costs are associated with inheriting a piece of property? It's less than 10 million and in AL.

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

James Blount Griffin
James Blount Griffin
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

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2 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for Alabama on
Q: What tax/fees/costs are associated with inheriting a piece of property? It's less than 10 million and in AL.

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

James Blount Griffin
James Blount Griffin
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

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1 Answer | Asked in Real Estate Law, Divorce and Family Law for Alabama on
Q: My husband and I are getting divorced.Own home with renters who have lease.Does lease stand before we have to sell?

Lease is until 3/2025. I don’t want to evict them due to divorce and having to split assets.

Anthony M. Avery
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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

1 Answer | Asked in Real Estate Law for Alabama on
Q: I have a contract for deed for house in State of Alabama. The deed holder wants to convert to a vendors lien.

I am not sure if they can do this or if it would be good for me to sign for the conversion. Thanks.

Anthony M. Avery
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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

1 Answer | Asked in Real Estate Law for Alabama on
Q: Why do they want to change my Contract for deed to Vendor's lien deed?

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?

John Michael Frick
John Michael Frick
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

1 Answer | Asked in Real Estate Law for Alabama on
Q: Who is right, legally, Bob or Betty (unmarried roommates) regarding sharing proceeds from Alabama property sale?

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

John Michael Frick
John Michael Frick
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...
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2 Answers | Asked in Real Estate Law, Agricultural Law, Estate Planning and Probate for Alabama on
Q: Land given to me but not left in a will was sold off. Do I have rights to it since I've kept it up as mine since 2009?

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

James L. Arrasmith
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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...
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1 Answer | Asked in Real Estate Law for Alabama on
Q: My grandfather left will for kids and grandkids. I am a grandchild but the way the will was written land has to be sold

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

Anthony M. Avery
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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

1 Answer | Asked in Family Law, Real Estate Law and Probate for Alabama on
Q: Can a property and home be sold if the deed is in someone else's name?

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.

Anthony M. Avery
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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.

1 Answer | Asked in Banking, Civil Litigation, Contracts and Real Estate Law for Alabama on
Q: We have a property we thought we are buying and have paid for every month since 2017. We have made $30,000 in upgrades

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

Dragan Ivetic
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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...
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1 Answer | Asked in Real Estate Law for Alabama on
Q: If you pay someone and then find out they don't actually own the property? What can be done?
Anthony M. Avery
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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

1 Answer | Asked in Tax Law and Real Estate Law for Alabama on
Q: I have a tax lien on a property where the landowner has died. Would I be able to take possession of the vacant property?
William Vann Burkett
William Vann Burkett
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

1 Answer | Asked in Real Estate Law for Alabama on
Q: can Adverse possession in Alabama be pursued during and enjectment? Will I know if and enjectment is filed in court?

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

Anthony M. Avery
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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.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Alabama on
Q: I called the local code enforcement when my landlord did not fix a flooding issue in my apartment after providing pics

He was fined today and today I received a notice that I have 30 days to leave or will be more legal action

James Blount Griffin
James Blount Griffin
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

1 Answer | Asked in Real Estate Law for Alabama on
Q: I own a condo in Birmingham Al who has an HOA The waterline is broken i can hear water spraying under Down stairs Bath

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

James Blount Griffin
James Blount Griffin
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....
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3 Answers | Asked in Estate Planning and Real Estate Law for Alabama on
Q: If I get the deed to a home but don’t assume the loan of the deceased borrower, what happens?

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

Anthony M. Avery
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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

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2 Answers | Asked in Real Estate Law and Estate Planning for Alabama on
Q: Do I have to get mortgage in my name if my spouse dies and I get the deed? They were the sole name on loan/deed.

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

Nina Whitehurst
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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...
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