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Alabama Land Use & Zoning Questions & Answers
1 Answer | Asked in Real Estate Law and Land Use & Zoning for Alabama on
Q: We want to purchase the lot of land beside us, but the deed is in a deceased person's name, the heir of the deceased

The heir of the deceased is also deceased, the 2nd deceased heirs said that we could purchase the land with an Heirs Deed, what is an Heirs Deed and is it guaranteed, what should be our worries

Anthony M. Avery
Anthony M. Avery answered on Mar 22, 2021

Hire a competent attorney to determine Heirship and draft an Affidavit of Heirship and a Deed for the Heirs to convey. A Warranty Deed might help you, but a good lawyer looking at the title and boundaries now is what you really need.

1 Answer | Asked in Construction Law and Land Use & Zoning for Alabama on
Q: someone is building a houseing develment behind my house on a hill they put in a retainer pond that runs off in my yard

what can i do about that ?

Tim Akpinar
Tim Akpinar answered on Oct 6, 2020

An Alabama attorney could advise best, but your question remains open for four weeks. The manner in which surface water run-off is treated under the law can differ throughout the nation, depending jurisdiction. It could be governed by common law doctrine, state law, or possibility municipal and... Read more »

1 Answer | Asked in Real Estate Law, Civil Litigation, Civil Rights and Land Use & Zoning for Alabama on
Q: I bought a Mobile Home from a individual and I have the bill of sale on it and my husband and myself decided to just

Rent the lot it was already on but a different person owns the lot. Well the person I bought my mobile home from left his camper trailer on the lot I am renting and everytime I ask him about having it moved he lies to me and tells me hes going to have it moved the following week. Well everytime... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Aug 18, 2020

You have no rights to the camper. However you do have rights to the lot it’s on since you are paying rent. Start charging him rent for every day it’s left therez

1 Answer | Asked in Estate Planning, Land Use & Zoning and Real Estate Law for Alabama on
Q: How can I get a deed for the land I live on?

Ok in 2016 I moved into my Dad’s trailer on his land which is in my dead step-mother’s name. My Dad said, This is your land now. But how is it my land if I don’t have a deed? I do pay the property tax’s on it. I hope you can help me answer my questions, I can’t stay in a run down trailer... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Aug 15, 2020

Did your step mother have a Will leaving everything to your Dad? If she did then you can get a deed. If not, then it goes to her next of kin and 50% to your Dad. Her next of kin will be her children and if there are no children then her parents and if no parents then her brothers or sisters.... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Alabama on
Q: I own property in Cullman, al. I run Angus cattle on. A neigh.rented 8 a.c.. now there is 10 to 15 rodeo bulls there

These bulls are destroying my fences, breeding my cattle, and have charged me and wife on our property. Repeatedly ask for repairs of my property, and contain these not ag animals.

Samuel G McKerall
Samuel G McKerall answered on Jul 29, 2020

Here's the primary law on it. There's a lot more than just this one, You can look at all the other Alabama laws on the subject by Googling Code of Alabama, and then choose the one that has the word "alison" in the web address. Scroll down to Article Three - Animals - and then... Read more »

1 Answer | Asked in Estate Planning, Land Use & Zoning and Real Estate Law for Alabama on
Q: i own 120 acres and my dad has a life estate on the property. he also owns the timber/mineral rights. can he sell them?

My father put the land in mine and my brothers name years ago but kept the timber/mineral rights. He has cut timber many times. Now he wants to sell the land and we don't agree. Can he sell the timber/mineral rights to someone without our knowledge? WHat happens to the land then?

Anthony M. Avery
Anthony M. Avery answered on Jul 28, 2020

If the conveyance to you and your brother is enforceable, then his reserving timber and mineral rights will also be enforceable. That could involve the entire surface of the 120 acres. You apparently state that Father owns the fee in timber and minerals, but only a life estate in the property... 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 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 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 »

1 Answer | Asked in Traffic Tickets, Land Use & Zoning and Municipal Law for Alabama on
Q: Can the city of Millbrook have jurisdiction in Prattville on highwAy 14

I was pulled over by Millbrook city officer after I had crossed under the interstate 65 exchange and beyond the first red light you come to when you cross into Prattville on highwAy 14.he pulled behind me at the red light and when the light turned green turned on the blue lights.I don't... Read more »

Whitney Polson
Whitney Polson answered on Jan 17, 2020

Venue is the legal term for where a legal case can be tried. If the crime and arrest were outside the city limits jurisdiction of the Millbrook officer, then your criminal lawyer can file an appropriate motion to dismiss the charge for improper venue.

1 Answer | Asked in Estate Planning, Land Use & Zoning and Probate for Alabama on
Q: Grandma passed away no will. Just put in my father and my aunts name. My father passes and my siblings and I inherit his

House in grandmas name still. My aunt wants in her name and claims we still will inherit after she passes. But by us signing over we are giving up any right,right?

I dont believe her and she says its Alabama law no matter what?

Nina Whitehurst
Nina Whitehurst answered on Dec 6, 2019

If you put the house in your aunt's name, then she can sell it to whomever she wants or leave it to whomever she wants in her will. If you are OK with that, then go ahead and do it. If you are not OK with that, then both your grandma's estate and your father's estate need to be... Read more »

1 Answer | Asked in Land Use & Zoning, Real Estate Law, Foreclosure and Entertainment / Sports for Alabama on
Q: Can you please explain this to me. So if I know where an abandoned house is. Do I need to file paper work and

Move in asap? If so what paperwork do I need to file. I've noticed a couple different forms that could be filed. I Know to change the locks. I need to know the right way to go about it so I don't get in trouble or go to jail for something I didn't understand.

Kevin M Ryan
Kevin M Ryan answered on Jan 19, 2019

Just because the house appears to be "abandoned" does not mean that there is not a legal owner. It may be owned by a bank, and in the process of foreclosure, probate or bankruptcy. You would need to contact the owner or the owner's legal representative in order to make an offer to... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Construction Law and Land Use & Zoning for Alabama on
Q: Does a HOA have the right to decide if I extend my driveway or not?

I live in a neighborhood with a HOA. My house is on a culdesac with an empty lot next to us (the empty lot has been deemed not build-able). I want to extend my driveway about two-feet towards the empty lot, but still on my property.

Samuel G McKerall
Samuel G McKerall answered on May 2, 2018

That's a question that can't be answered without looking the HOA's official documents, any subdivision regulations that apply and any local city, town or county ordinances that apply. Here's a short un-researched educated guess (that may or may not be correct): If none of the... Read more »

1 Answer | Asked in Construction Law, Land Use & Zoning and Real Estate Law for Alabama on
Q: My husband and I built our house from scratch on his parents land. How can we show its in our name to places?

Title Deed, House or ownership?

Barbara H. Agricola
Barbara H. Agricola answered on Mar 13, 2018

you can provide the deed which shows your ownership of the property. if the parents gifted you the land for you to build your house on it, then it needs to be recorded under your name in the probate court in the county where the property is located.

1 Answer | Asked in Contracts, Estate Planning, Real Estate Law, Land Use & Zoning and Probate for Alabama on
Q: What rights does my husband have? What rights does the 6th kid have? Can the 6th kid stop my husband from ownership?

My husbands Grandma and Grandpa have 7 kids and 17.8 acres of land. GM, GP, and 1 kid have passed away. 5 of the remaining kids want to sell their rights to the 17.8 acres to my husband. The 6th kid does not want to sell. How does my husband go about full ownership?

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Feb 26, 2018

This is a common problem. As I understand, there are 6 heirs at law of grandparents. One child has died. If that child had any children, they have the same rights as their deceased parents. So, if all parties but one wants to sell, what to do? FIrst, the property could be sold through the estate of... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Alabama on
Q: Can someone steal your land by illegally placing a trail or home on the land?
Samuel G McKerall
Samuel G McKerall answered on Dec 23, 2017

It depends on the length of time the trailer has been there and on the presence or absence and nature of any communications between the landowner and the owner of the trailer. Here's the principle involved:

Adverse possession, sometimes colloquially described as "squatter's...
Read more »

1 Answer | Asked in Elder Law, Land Use & Zoning and Real Estate Law for Alabama on
Q: My sister is going into a nursing home..she deeded the house to me ..but I was told the state will take the house

I've been living with her for 5 years in her house...how can they take it if she deeds it to me?..she don't owe or anything of that sort

Jack T. Carney
Jack T. Carney answered on Oct 20, 2017

Your best course of action may be to consult with an "elder law" attorney in your area. The rules on Medicaid eligibility can be complicated. Based on the situation you described, Medicaid could not take the home because your sister deeded it to you. However, Medicaid will deny her... Read more »

1 Answer | Asked in Copyright, Land Use & Zoning, Real Estate Law and Probate for Alabama on
Q: My mother passed away 5 years ago and I have been living in the home. The property was left to me, my sister and brother

However my brother was the executor of the will and has been paying the taxes on the property what are my rights and can he make me leave and take sole possession of the property?

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Sep 13, 2017

You did not say if the will was ever offered for probate. That is a key point. If it has been more than 5 years since your mother's death the will can't be offered for probate, and the estate would be handled as in intestate succession -- as if there was no will. I don't think your... Read more »

1 Answer | Asked in Estate Planning, Appeals / Appellate Law, Juvenile Law and Land Use & Zoning for Alabama on
Q: Can a trustee be replaced with a conservator because trustee is incompetent (82 yrs old/unhealthy/nearly deaf)? Case?
Jack T. Carney
Jack T. Carney answered on Jun 15, 2017

If a Trustee serving under a trust agreement becomes incapable of serving in his or her role, a beneficiary can petition a court to remove that Trustee and replace them with a successor Trustee pursuant to the terms of the document. If the document has no provisions for a successor or if, for... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Alabama on
Q: My brother and I are both listed on the deed for the land. Do we have equal rights to the property?
Samuel G McKerall
Samuel G McKerall answered on Apr 22, 2017

Yes. You each have an equal interest in the property. The deed can be written in one of two ways. Well, three ways, actually.

It can read that you hold title as tenants in common, in which case each of you holds an undivided one half interest. Under this form of ownership, either of...
Read more »

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