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 »
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?
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 »
Before they die, parents want to deed land to children. Can a restrictive stipulation be included in a deed which only allows sell of any property to only be offered to the other children, or does this need to be included in a will? If original grantee sells land to a grandchild (not original... Read more »
You will need to hire a very competent attorney to draft a Future Interests Deed over to a Class of Family Members. It must not violate the Rule Against Perpetuities. It should tie up the property for at least a hundred years, but property taxes and maintenance could be problems. It is...Read more »
If you equity line of credit is recorded as a Lien against 16 acre property you have in that County, then no. You will have to read the Loan Agreement verbatim as it may attach to any property you own. It appears you already have a Mortgage and it encumbers the whole Tract, (not just most or 80%...Read more »
I want to start an LLC, as an absentee landlord & investor, I wan to employ a contractor whom will inspect my potential properties and sign purchase agreements, as well as other important documents for the procurement of properties. Is this legal to do in Alabama?
My father is going to pay for 80% of a house I am buying and I will pay him back. He wants to legally protect his interests and is hoping to have a lien on the house. Is this possible? What is the best way to go about this?
Hire a competent attorney to conduct this transaction. A Title Search is the first requirement. You can give your Father a Note and a Mortgage to the property after he conveys by Deed to you. Record the Mortgage.
i am purchasing a house directly through the owner and I didn't get a loan we just agreed on the payments. he takes half of the payments and puts it towards the interest and I don't understand how or if if it is legal.
Unless you have a Deed and have given him a Mortgage, you have purchased nothing. That is called a Lease and you are subject to a quick Eviction, not lengthy Foreclosure. Hire a competent attorney to analyze your situation. Either buy it or leave. Do not just lease thinking you are, or will...Read more »
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 »
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 »
There are no actions for adverse possession. You are talking about filing an Action for Ejectment, Boundary Line Dispute, Trespass, etc. It will involve asking the Court to declare you own the property due to adverse possession, either under statute or common law.
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 »
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 »
Your question is a bit unclear as to who has had the property fenced for 48 years, you or the opposing party. There are many facts that are not contained in your question that would affect the outcome of the answer. I strongly suggest that you seek a consultation with an experienced real estate...Read more »
My grandparents had a few hundred acres in Alabama that was left to my dad and brother in a tenants in common warranty deed. My dad seems to think (but I want to confirm) that when he passes away that his portion will automatically go to my mom, and if she passes then to me. There is no will (to... Read more »
Assuming all of the children are children of your mom and dad's marriage, when you dad dies your mother will inherit the first $50,000 of his estate and half of the rest and everything else will go to the children (all of them) in equal shares. If your mom later dies without a will her estate...Read more »
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 »
How do I claim my portion of the property? My father left a will naming me and my brother as heirs. I am not sure if my grandmother, a widow, left a will. There are two houses and land. Everything is still in my grandmother’s name. My aunt stated her heirs are me, my brother and my two... Read more »
You need to petition the probate court for letters of administration. You will have to bonded, so go to any insurance company and get bonded before applying. Then you file in the newspaper for any creditors and wait the six months to see if there are any. After that is when you can start...Read more »
Notice.After given the 30 day notice the corona virus shut everything down. The govenor suspended eviction notices. My question is did there 30 days start counting when the notice was given or will it start when the suspension is lifted?
Owner's Title Insurance Policy, a copy of which I paid for back in 2004, due to them not retaining documents from back in 2004. As I never received the Policy back in 2004, can not the attorney issue me a new one without me paying a second time?
That depends on the policy of the financial institution. A bank, within the bounds of certain guiding federal regulations, can allow a debtor to forbear, modify, or refinance a loan as it deems appropriate - usually by internal written policy of the bank. Notice of the foreclosure has to be...Read more »
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