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Alabama Real Estate Law Questions & Answers
1 Answer | Asked in Tax Law and Real Estate Law for Alabama on
Q: Unpaid property tax in Alabama on a property which was paid for completely.

They went unpaid for 3 years which a company paid at auction but I paid the taxes last year. Can I still redeem?

James L. Arrasmith
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answered on Aug 15, 2024

Yes, you can still redeem the property even after the taxes were paid by a third party at auction. In Alabama, property owners typically have a right of redemption, which means you can reclaim your property by paying the amount that was bid at the auction plus any additional costs and interest.... View More

1 Answer | Asked in Real Estate Law and Identity Theft for Alabama on
Q: What can I do if someone forged my signature to steal land in Alabama?
Anthony M. Avery
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answered on Jun 4, 2024

You fail to state enough facts to give any type of decent answer. But I am assuming someone forged your signature, in front of a notary, on a deed from you conveying your interest, then recording it. Hire an AL attorney in that County to sue: the grantee for ejectment, quiet title, etc.;... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Alabama on
Q: Have a prescriptive easement, but my neighbor spent $3,500 on a survey so they could arrest me, a pattern of harassment.

Four times exonerated by same Neighbors. This is the 5th. And they had to spend $3,500 on a survey on a cold winter night, then roped off & put up cameras and no trespassing signs on my only known access to my home where I've lived for 30 years. The previous owner did not honor previous... View More

Anthony M. Avery
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answered on Apr 24, 2024

You will need to hire an AL attorney to file a Declaratory Judgment suit, and possible injunction. It is not cheap nor easy. You need to gather witnesses now. Otherwise your easement will be terminated.

1 Answer | Asked in Contracts, Land Use & Zoning and Real Estate Law for Alabama on
Q: I received a message from the district manager that they were going to release my son from his college apt lease

6 weeks later they come back and said they sent the message to the wrong person. We have been trying to get him out of the lease since he no longer goes there. Can they do that?

Tim Akpinar
Tim Akpinar
answered on Apr 1, 2024

An Alabama attorney could advise best, but your question remains open for two weeks. At this point, you could reach out to landlord-tenant attorneys in your state who have some familiarity with campus housing settings, or repost and include the "Landlord-Tenant" category. Good luck

1 Answer | Asked in Real Estate Law for Alabama on
Q: I have a personal judgment against me If I open a LLC with a partner will any assets that the new llc acquires
William Vann Burkett
William Vann Burkett
answered on Mar 14, 2024

LLC's are typically treated as separate legal "persons" under the law. While an LLC may provide valuable legal protection and tax advantages, they cannot be used to defraud or avoid paying debts. A court may treat each situation as unique and apply the doctrine of "piercing the... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Alabama on
Q: Is securing home ownership insurance part of the financial process ? Can I get financing approved without it?

The home I inherited has a debt on it and the house is insured by the estate. Once the estate closes, is it too late to get homeowners insurance or do I need to do that now? I can work on financing for the house but what does that mean for the current insurance? Would I need insurance in my name ?

Anthony M. Avery
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answered on Feb 6, 2024

Most any lender will include property casualty insurance as a term of the Deed of Trust. So you will not get financed or will later be foreclosed upon, if you do not obtain home insurance.

1 Answer | Asked in Estate Planning and Real Estate Law for Alabama on
Q: Can a mortgage be completely erased if there was no insurance or any other money left behind to take care of it?

If a deceased person left a home with a debt to a beneficiary, regardless of married to them then or not, can or a will a mortgage company erase the debt? The surviving spouse wasn’t on the deed or mortgage. Only the deceased person.

If the surviving spouse gets the deed to the home put... View More

Nina Whitehurst
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answered on Jan 27, 2024

The lender’s mortgage survives the death of the borrower. If not paid the lender may foreclose and take the house.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Alabama on
Q: If a person is living with someone and they are not on the lease how can I put them out
William Vann Burkett
William Vann Burkett
answered on Dec 27, 2023

This will likely require you to file an ejectment action. An ejectment action is similar to an eviction but involves some unique procedures and rules. You should contact a local lawyer to discuss what claims you may have.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Alabama on
Q: Someone is letting my wife live in there mobile home. But it sitting on my wife’s land. Can he evict her from the home?
Anthony M. Avery
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answered on Dec 12, 2023

No... But the owner can take the MH away.

2 Answers | Asked in Real Estate Law for Alabama on
Q: Neighbor installed new over flow pipe from his man made pond to go straight onto my land and it has cause lots of damage

I've tried looking up whom to contact without luck

Anthony M. Avery
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answered on Dec 6, 2023

That is a difficult property tort. You need a witness as to damages. Keep looking until you hire a competent AL attorney to file suit.

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1 Answer | Asked in Real Estate Law, Appeals / Appellate Law, Civil Rights and Elder Law for Alabama on
Q: The city is fixing to demolish my house it has been in front of the councilman and they ruled on tearing it down

This house is paid for 100%, no liens no mortgages this is all I have I'm 58 years old how can I stop them from tearing my house down

I cannot afford a lawyer they know this not yet their decision was based on city ordinance on dangerous and unsafe buildings the house is in good shape... View More

Anthony M. Avery
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answered on Nov 13, 2023

Either hire an attorney or do the research and represent yourself, quickly. Once the house is demolished there will be a lien filed for the cost. And that lien might be executed against the land.

1 Answer | Asked in Real Estate Law for Alabama on
Q: Can a previous owner come back after 9 years to reclaim property. That you had ownership in.

Even if they not living there or done anything.

Anthony M. Avery
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answered on Sep 8, 2023

Yes they can... Hire an AL attorney that knows real property litigation. You could lose that land, but you probably have several defenses but will need some witnesses to your ownership not just the Deed.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Alabama on
Q: If you inherit land that is currently on a farm lease(when parent was alive) is said lease valid when deed is in kids na
William Vann Burkett
William Vann Burkett
answered on Aug 15, 2023

Typically when land is transferred the new owner will take the land subject to the terms of an active lease. This is dependent upon the actual terms of the lease as there may be contingencies for the farming tenant. You should contact a local attorney to review the relevant documents, advise you... View More

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Probate for Alabama on
Q: Guardian and conservatee issues

Alright have a question. My dad passed away sadly in 2012 mind you I was a minor at the time I was left money as a child and my mother asked my lawyer if she could get us a house with it & so she did. She was my guardian I was the conservatee on the deed. I am now 23 years old, she has not... View More

William Vann Burkett
William Vann Burkett
answered on Aug 15, 2023

You likely need to contact a lawyer who can file a lawsuit to enforce the terms of the conservatorship or guardianship. A probate lawyer or general civil litigation attorney may be able to help you. While it is difficult to make a determination without a full review of all facts and circumstances... View More

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Municipal Law for Alabama on
Q: In Alabama is it illegal for someone to throw their trash into their neighbors bin and keep their bin on neighbors yard?

Neighbor throws their trash in my bin & keeps their bin next to mine on my yard on trash days.

T. Augustus Claus
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answered on Aug 8, 2023

In Alabama, laws regarding trash disposal and property boundaries can vary depending on local ordinances and regulations. Generally, it's considered respectful to dispose of your own trash in your own bin and to keep your bins on your own property. If someone is consistently using your bin for... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Alabama on
Q: My sewage is running into the basement does the rental company have to put me in a hotel until it is resolved?
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answered on Aug 7, 2023

In most jurisdictions, if your rental property becomes uninhabitable due to issues like sewage backups, the landlord or rental company may be required to provide temporary housing, such as a hotel, until the issue is resolved and the property is habitable again. This is typically based on local... View More

1 Answer | Asked in Real Estate Law and International Law for Alabama on
Q: Can a management company run the HOA meeting in AL
James L. Arrasmith
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answered on Aug 6, 2023

In general, the ability of a management company to run a Homeowners Association (HOA) meeting may depend on the provisions in the HOA's governing documents and applicable state law in Alabama. It is advisable to consult with an attorney familiar with Alabama HOA laws to determine the rights... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Alabama on
Q: A subdivision owner is claiming my land is in his subdivision, yet the legal description nor deed reflect that anywhere.

The subdivision owner is claiming I must follow their covenant rules even though my property is not legally described as being part of this subdivision. In the deed history the land was sold as a Tract to a party that foreclosed, where they agreed to do so, but the subsequent deeds from the county... View More

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answered on Aug 2, 2023

To really clear title, you will need an AL attorney to sue all subdivision owners in a Quiet Title Action. But first the attorney must carefully search that title. Any restrictions must be in your chain of title, not just someone else's.

2 Answers | Asked in Real Estate Law and Probate for Alabama on
Q: My Mom just passed away. She had no will and no one else on her mortgage. What happens to her mortgage?

The mortgage company is saying they can make me a successor of interest (her daughter). What is that and can I sell her house in the future? She had no debt except the mortgage and some back income tax. I have tried to get information from the IRS about her tax bill, but no one will help me. I am... View More

John Michael Frick
John Michael Frick
answered on Jul 27, 2023

If the mortgage is not paid, the mortgage company will simply foreclose on the property, sell it, and apply the proceeds to the unpaid mortgage amount. If there is a deficiency, it will submit a claim to the personal representative of your mother's estate when it is probated. If there is a... View More

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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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