He only had once child. She is deceased. My siblings don't want to purchase the land. Will there be an issue with the title once I sell it, because of this clause? What should I do?
You will need a competent AL attorney to clear that Right of First Refusal. Apparently there may be interested Heirs. Then possibly an Affidavit of Heirship, and a QCD from them should clear the Title.
I'm having problems with a drainage ditch behind my house. Stormwater is cascading from the ditch onto my property cause severe soil erosion to the point my shed near the ditch is about to collapse into the ditch. The public works department says it is the water works problem and water works... Read more »
You likely need an attorney who handles eminent domain or inverse condemnation cases. The Alabama Supreme Court has found that in some cases excessive runoff and erosion may result in an unconstitutional taking. The viability of inverse condemnation claims are highly dependent on the timing and... Read more »
You likely need an attorney who handles contract disputes. Often construction law attorneys deal in large commercial disputes. A general practitioner or trial attorney will likely be able to give you advice on your individual situation.
The property is in Texas and I’m the LLC is in Alabama.
Hire a competent TX attorney to draft and record that Deed. A good AL attorney could also draft such a TX Deed, but most will not want to do the research on how to properly do so. There may be tax implications also. But the Granting Clause to a LLC must be right and you will not want a mistake... Read more »
Should we inherit or transfer deed into name and just pay the property taxes?
A Living Trust would be one of the best simple ways for your father to set up his estate plan. The real estate would need to be transferred to the Trust and the documents would most certainly need to be prepared by an attorney. An Attorney who practices in the area of estate planning and tax law... Read more »
Not specifically stated in the contract. In other words can the seller cancel the contract for no reason without consequence within a period of time (3 days, etc.)
Usually there are provisions in the contract that allow to cancel for specific reasons, such as not passing inspection or clouded title. You really need a lawyer to read the whole contract in order to advise you of the specifics, as they can all be different.
Pay it ?Additionally I’m waiting for the title to the land
The mortgage note is not your obligation. But the mortgage secures the payment of the note against the land...If unpaid, then foreclosure occurs.
The property I live on was purchased by my mother from my grandmother a few years later my grandmother wanted everything out of her name and she transferred ownership to my brother who resides in Ohio hasn't lived in Alabama for many many years back in another section of property he has 10... Read more »
Once you signed the Lease, you acknowledged you were not the owner. Once the Lease expires, and no monthly rental is paid but you pay taxes for several, several years, you might have a defense to his seeking possession. He would be force to file an Ejectment action, and then you defend with... Read more »
I have deeds and all paper work to prove my case
You may be considered a bone fide purchaser for value. However, whether you actually obtained title to the property or not is likely dependent on what you knew about the property and what documents were recorded in the probate records. I highly recommend that you contact a real estate attorney that... Read more »
need help understanding the process what to do next
I am so sorry for your loss. You most likely need to go see a probate attorney who can help you with your husband's estate. It is especially important to complete the probate process where real property is involved in order to avoid issues with title later down the road. I would be happy to... Read more »
Does that cancel our contract? It’s in Alabama.
Equitable Conversion takes place such that it is an enforceable Contract against the seller's successors in interest. It does complicate the title as the grantors' source of title must be determined and placed in the Deed's derivation of title clause. A Probate may complicate... Read more »
The front entrance to our subdivision was damaged by a pickup truck. The Board approved a contract for repairs in excess of the insurance settlement. They used money from regular dues to pay the difference. I would like to have a copy (or at least see) the contract.
I think it is more than reasonable for you to request a copy or to see the contract as you pay dues tot he HOA. Now if you are entitled to see that contract likely depends on the way the HOA was set up and the language of the documents drafted to create the HOA.
I would start by making the... Read more »
I have already paid to have the foundation repaired; some of the joists weren't even supporting the house. I paid to have the roof repaired because the shingles on the back room were put on backwards. There are holes in the wall that were covered by tape which were painted over (latex over... Read more »
As you stated you purchased the home in "as is" condition, so it is doubtful you would have recourse against the seller. Without having everything in front of me, the only option I could imagine against the seller would be if the seller mislead you as to the condition of the home. Alabama... Read more »
The term is "Quitclaim". And it sounds like you're about to make a mess of your title. I strongly encourage you to seek a paid consultation with an experienced real estate attorney who can help you accomplish your goals.
The new neighbor lives adjacent to our undivided lot and got the idea if he kept it up then they could use it for extra room when having get togethers. I am concerned about injuries and them claiming the lot for themselves since they kept it up and used it for all those years. Am I correct in... Read more »
I believe you have answered you question: contact an attorney in your area, discuss your situation and/or give him the above post, and ask what to do/what does he recommend.
I've lived in the home have taken care an maintain all needs of home. Step dad remarried and now his new wife wants to push me out of home and sell property? Do I have any rights to do anything
From your statement of facts, apparently stepdad has the title. Hire an attorney to search the title.
I’m purchasing an option for 10,000 to buy the property for 250k within the next 20 years, however, I want to make sure the option is secure and won’t be closed over the top of. Can I use a mortgage or another security instrument to keep my option in place?
Any time you are dealing with a real estate transaction it is wise to work with an attorney. They will be able to advise you of the individual provisions of the option contract and how each influences your rights down the road. Generally, agreements and documents affecting title to land may be... Read more »
My stepfather deeded his land to my 6 year old son and his daughter in law before he died in 2006. We have not seen daughter in law since. We pay taxes and maintain property and now my son is of age and would like to set up residence on land but a little scared she will come up 10 years down the... Read more »
There is a slight chance that ousting a co-tenant can be successful but it takes at least ten years, knowledge of her whereabouts, and specific actions on your son's part which would necessitate him consulting with an experienced real estate litigator. It is such a rare occurrence that... Read more »
someone has added their name to property that I own. I have no idea who the person and since adding his name he has died.
There is no adding a name to a Deed. Whatever the case, hire a competent attorney to search the title. Then you may need to file a Quiet Title, Ejectment, Reformation, Remove a Cloud, etc type of Action.
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
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.
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