Alabama Real Estate Law Questions & Answers

Q: Our daddy died without a will or anything. Me and my sisterstep are heirs to the house. We decided to sign it over to

1 Answer | Asked in Real Estate Law, Estate Planning and Family Law for Alabama on
Answered on Feb 10, 2017

If he died without a Will, you, your sister and your stepmother are probably the heirs to the property and you each will own a certain interest. Even though no one can make you sign over your interest, the other co-owners could force a sale for division. You would be entitled to fair compensation for your interest. In these situations I usually encourage clients to attempt to reach a compromise that helps all parties. If you are unable to reach an agreement then resorting to the courts might...
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Q: How to get ejection form started

1 Answer | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for Alabama on
Answered on Feb 8, 2017

Alabama has a self-help law for landlords. Its easy for you to file your own eviction proceeding.

Just visit the Office of the Clerk of the Circuit Court in your county, ask for an eviction form (the official name of which is an unlawful detainer form), fill it out, give it back to the Clerk with the fee (which I believe is $297.00) and then be in court when the case is set, which the Clerk will explain to you.

WARNING: I am not your lawyer and providing you with the generic...
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Q: Any special considerations in willing foreign property.

1 Answer | Asked in Real Estate Law, Estate Planning and International Law for Alabama on
Answered on Feb 6, 2017

When I have had clients who owned property in another country, I have advised them to have a valid Will in this country that addresses the specific gift AND a Will valid in the country where the property is located. The distribution of foreign owned property will be dictated and handled pursuant to the laws of that foreign country. It would be important to consult with an attorney licensed in that foreign country.
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Q: We are having difficulty getting the board to answer our request to see the books and vote for wind coverage. Help?

1 Answer | Asked in Real Estate Law for Alabama on
Answered on Oct 16, 2016

An attorney would need to review your condo association bylaws to give a specific answer, but the Association generally would be unable to prohibit a member from viewing the books.
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Q: My mom bought land and it has a lot of junk on it and she had it wrote up that he had a date to get it off and now he is

1 Answer | Asked in Real Estate Law and Contracts for Alabama on
Answered on Feb 18, 2016

It is difficult to tell. You say she bought the property. What does her deed say. TYpically a deed will be very inclusive about what remains on the property. Take this to a lawyer and let him or her look at the deed and advise her. If she and the owner of the stuff had an agreement about when he would remove it, that may be enforceable. If he fails to remove the stuff in the time agreed upon he may have abandoned the junk that is on the property. You really need to get into the facts here and...

Q: Do joint tenants with rights of survivorship have to have an equal % of ownership in Alabama?

1 Answer | Asked in Real Estate Law for Alabama on
Answered on Feb 16, 2016

That depends on the language in the deed. If there is no percentage mentioned in the deed, then the ownership of the joint tenants is equal. The interest is completely undivided and may be "destructable" if someone tries to sell or encumber any part of the ownership. If you can give a little more information about what you are really trying to find out, someone can provide a more complete answer

Q: I owned my house but had a $18,000 lean against it with a loan shark. After a year into repayment I was layed off from

1 Answer | Asked in Consumer Law and Real Estate Law for Alabama on
Answered on Feb 8, 2016

You need some legal help here. You are charged with reading what you signed. You say you were tricked? How? If you did sign the documents under duress maybe you have an out here. You must get a lawyer and sue to overturn the conveyance.

Q: My parents (father deceased) deeded their house and 40 acres of land to myself, my sister and my brother.

1 Answer | Asked in Real Estate Law for Alabama on
Answered on Feb 7, 2016

If you can "remove" her from the deed or not depends on the language of the deed and the nature of her ownership of the property. If she was a joint tenant with your siblings in the property and she died, her ownership of the property belongs to her heirs at law or her divisees in her Will. If there is survivor-ship language in the deed, then the property could already belong to the rest of you and then you don't have to do anything.

Q: I have a property with my moms name on the deed. I can no lo get afford this property. She will let me sell. Help?

1 Answer | Asked in Real Estate Law for Alabama on
Answered on Feb 7, 2016

A little more information here. You say you have property but your mom's name is on the deed. That sounds like it is her property to me. Whose name is on the deed?

Q: What can we do with a seller saying we have waterfront property & find out we don't? He jumped the price up $34,000

1 Answer | Asked in Real Estate Law for Alabama on
Answered on Feb 7, 2016

I assume that you are attempting to purchase property and the seller says it is waterfront property and you say it is not. First, look at the survey and legal description of the property It should be definitive on the question of "waterfront" property. Were you in a contract to purchase the property? If so, enforce it.

If not -- the seller can ask whatever he wants for the property for any reason -- good, bad, false or not.

Q: What are my rights as a homeowner when a neighbor is accusing our property of causing flooding issues?

1 Answer | Asked in Real Estate Law for Alabama on
Answered on Feb 7, 2016

If you built something that altered the natural flow of the water and made the water go onto the property of your neighbor, then you would be liable in trespass for diverting the water to your neighbor. This is an fact driven issue, and an expert would have to take a look at your shed and see if it has diverted the flow of the water. If it has, you may well be liable. Her option is to sue you, not to persist in calling you. Go see a lawyer and get him or her to address this with your neighbor,...

Q: I bought a house almost three years ago and have noticed settling. Can this still be brought up to the seller?

1 Answer | Asked in Real Estate Law for Alabama on
Answered on Feb 7, 2016

First question. Was the house new when you bought it or not? If it was new, you might have a lawsuit here. The questions of defective construction etc. would come into play.

If it was not new, did you ask specifically about settling or anything of the sort? If you did, and the seller lied to you, you may have a lawsuit. Otherwise, you have no legal recourse.

Q: I plan on selling my home which I live in to help pay off some current debt and help build a new home.

1 Answer | Asked in Real Estate Law for Alabama on
Answered on Oct 31, 2015

Perhaps you should ask this of a local accountant or tax service.

Q: Can we be sued for backing out of closing on a new home just 2 days before closing if my husband suddenly lost his job?

1 Answer | Asked in Real Estate Law for Alabama on
Answered on Oct 29, 2015

Yes. I strongly doubt that the contract was contingent on his remaining employed.

Q: Arms length transaction loophole?

1 Answer | Asked in Real Estate Law for Alabama on
Answered on Oct 19, 2015

The short sale is the problem. If you offer to assume the entire mortgage debt, and bring the loan current, the fact that you and your late father's estate are not "at arms length", may not be such a problem.

Q: Can a mobile home be put in a subdivision that has filed covenants, but no HOA in place?

1 Answer | Asked in Real Estate Law for Alabama on
Answered on Oct 19, 2015

Assuming that mobile homes are prohibited by the covenants, yes, you may have a case. Ask an attorney in your jurisdiction about suing to enjoin any mobile homes.

Q: I had my home up for sale by owner I showed the house to Mr.X /then listed it with a Realtor now Mr.X wants to buy?

1 Answer | Asked in Real Estate Law for Alabama on
Answered on Oct 2, 2015

Take a close look at your listing agreement with the Realtor. It will tell you what you have to pay. The language in the contract is controlling. You should get an attorney to assist you in this. Usually those agreements have language that protects the realtor under these facts.

Q: My sister and I own(both names on deed)our home. Can she legally evict me and take my half?

1 Answer | Asked in Real Estate Law for Alabama on
Answered on Aug 12, 2015

No, she can't. First, there is no contract of lease, so there can be no eviction. Second, if it is true that you and she were both deeded the property, then you have every bit the right to the land as she does and she can't eject or oust you simply because she wants to. Feel free to contact me if you need help with this.

Q: In Alabama, dad passed, no will, he owned 80 acres in his name only, how do I, my mother, and my brother split the land?

1 Answer | Asked in Real Estate Law for Alabama on
Answered on Jul 30, 2015

If your father has been dead for five years, then the time for being able to probate the will has passed. In Alabama, a will must be probated, if at all, within five years from the date of the decedent's death. With no will, your father's property devolves to his heirs at law, which would be your, your sibling and your mother, assuming that your mother was married to your father at the time of his death. Documents can be drafted showing attesting to the fact that y'all are his heirs and a...

Q: In Alabama does a tax lien holder of land have legal right to enter property on land?

1 Answer | Asked in Real Estate Law for Alabama on
Answered on Jul 30, 2015

If the owner does not wish for them to enter onto the land, then they are trespassers and the owner can demand that they not enter the land. One who holds a tax lien only as the rights to the land that the State of Alabama or the County in which the land is situated had to the land before it gave a deed to that land to the tax lien holder (i.e. the right to the taxes). The holder of the lien does not own the land outright. He must meet a certain set of requirements to be deemed the owner in...

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