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Alabama Land Use & Zoning Questions & Answers
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 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 Land Use & Zoning for Alabama on
Q: My nephew wants to build a house on land I own. He said my name has to come off the deeds. Is that true?

I have no problem with him building a house on the land but I want my name to remain on the deeds.

T. Augustus Claus
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answered on Jun 30, 2023

If you own the land and your nephew wants to build a house on it, it is not necessarily true that your name has to be removed from the deeds. The ownership of the land can be structured in a way that allows your nephew to build the house while still maintaining your ownership rights.

1 Answer | Asked in Land Use & Zoning and Probate for Alabama on
Q: If I want to put a well and home on the land that my father willed to me and my siblings do I need their permission

I'm in South Carolina

Anthony M. Avery
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answered on Mar 8, 2023

If you are a tenant in common on the property, then yes, you can improve it. But then all TICs own the improved real property, and they might partition it or hold out on any sale until they are paid alot. I advise to hire an AL attorney to search the title, determine ownership, then see if other... View More

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.

1 Answer | Asked in Civil Litigation and Land Use & Zoning for Alabama on
Q: Can I have a car towed from out front of my house? Can I post a No parking sign towing at owner’s experience?

My neighbor has a fence and his grandkids are parking past the fence which is the property line out in front of my house.

John Michael Frick
John Michael Frick
answered on Oct 10, 2023

As long as they are parked ON YOUR PROPERTY and not on a public roadway, you can refuse to allow them to park. But you don’t own a public roadway even if it is in front of your house.

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

Anthony M. Avery
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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.

1 Answer | Asked in Land Use & Zoning for Alabama on
Q: My mother passed away I have power of attorney over here and she owns her mobile home but not the land can the landowner

Just go inside the trailer my mom owens and just take anything of here he wants he just started eviction this week we have until the 22 of March

John Michael Frick
John Michael Frick
answered on Mar 11, 2023

When your mother died, the power of attorney expired.

Now what matters is what’s in her will.

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
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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 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
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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... View 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... View 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... View 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.... View 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... View 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?

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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... View 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... View More

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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... View 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... View 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... View 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... View More

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