Alabama Real Estate Law Questions & Answers
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
Mr. James Parrish Coleman's answer
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...
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?
Mr. James Parrish Coleman's answer
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
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
Mr. James Parrish Coleman's answer
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.
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.
Mr. James Parrish Coleman's answer
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.
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?
Mr. James Parrish Coleman's answer
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?
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
Mr. James Parrish Coleman's answer
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.
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?
Mr. James Parrish Coleman's answer
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,...
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?
Mr. James Parrish Coleman's answer
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.
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: 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?
Terrence H Thorgaard's answer
Yes. I strongly doubt that the contract was contingent on his remaining employed.
Yes. I strongly doubt that the contract was contingent on his remaining employed.
Q: Arms length transaction loophole?
Terrence H Thorgaard's answer
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.
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?
Terrence H Thorgaard's answer
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.
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?
Mr. James Parrish Coleman's answer
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.
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?
Mr. James Parrish Coleman III's answer
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.
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?
Mr. James Parrish Coleman III's answer
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...
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?
Mr. James Parrish Coleman III's answer
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...
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...
Q: I have been with my common law husband for 16 years we are splitting up we bought our home together but only put it in
Mr. James Parrish Coleman III's answer
Unless there is a lease with you as the tenant/lessee and him as the landlord, then an action to evict will not lie in court, and he would therefore be unsuccessful in trying to evict you. A more appropriate action would be an action to eject you from the property. Important here is whether the two of you are actually common law husband and wife. Has there been any finding in court that the two of your are common law married? If y'all are married, then you likely have rights to the property...
Unless there is a lease with you as the tenant/lessee and him as the landlord, then an action to evict will not lie in court, and he would therefore be unsuccessful in trying to evict you. A more appropriate action would be an action to eject you from the property. Important here is whether the two of you are actually common law husband and wife. Has there been any finding in court that the two of your are common law married? If y'all are married, then you likely have rights to the property...
Q: I lived common law with a man. I have maintained a house he inherited. How can I get this house into my name?
Mr. James Parrish Coleman's answer
Where you married to him when he died? Was there a will probated? Was an estate ever opened? Did he have any children with you? Did he have any children with anyone else? What "papers" do you have? Please contact me or James and we'll help you sort through this.
Where you married to him when he died? Was there a will probated? Was an estate ever opened? Did he have any children with you? Did he have any children with anyone else? What "papers" do you have? Please contact me or James and we'll help you sort through this.
Q: Do I need the permission of my siblings to continue living on inherited place, I have been here 9yr.
Mr. James Parrish Coleman's answer
You don't provide enough factual information to allow me to provide a complete answer. I can read between the lines and guess that the facts are these: you live on a parcel of property that is owned by you and your siblings. Your father had a life estate on the property, but he has died. Thus, you and your siblings own the property now as tenants in common. If you live there, you are the tenant in possession of the property. They cannot just tell you to leave. They can take you to court and...
You don't provide enough factual information to allow me to provide a complete answer. I can read between the lines and guess that the facts are these: you live on a parcel of property that is owned by you and your siblings. Your father had a life estate on the property, but he has died. Thus, you and your siblings own the property now as tenants in common. If you live there, you are the tenant in possession of the property. They cannot just tell you to leave. They can take you to court and...
Q: Who inherent the house when my stepfather and my mother both decease without a will. Both names is on the deed.
Mr. James Parrish Coleman's answer
QUestion one. How is the house deeded and to whom? If the house deeded to stepfather and mother as joint tenants with a right of survivorship? Question two: who died first? If stepfather died first, and if the house were deeded to them both as joint tenants with a right of survivorship then the house would belong to mother at stepfather's death. At mother's death, the house would belong to mother's heirs at law -- her children (assuming she did not marry after stepfather's death). If one of her...
QUestion one. How is the house deeded and to whom? If the house deeded to stepfather and mother as joint tenants with a right of survivorship? Question two: who died first? If stepfather died first, and if the house were deeded to them both as joint tenants with a right of survivorship then the house would belong to mother at stepfather's death. At mother's death, the house would belong to mother's heirs at law -- her children (assuming she did not marry after stepfather's death). If one of her...
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