Property Owner Rights

Articles Tagged with: Property Owner Rights

Quiet Title Actions – Removing Doubt About Property Ownership

Buying a piece of property nearly always involves a title search to ensure there are no unsettled issues with the property. The title search entails gathering documents showing the property’s history to determine several key issues including whether the seller has interest in the property that they are able to sell, whether there are any restrictions on the use of the land such as covenants or easements, and whether there are any liens on the property such as mortgages or taxes that would need to be satisfied. If all goes well, the title search turns up nothing unexpected and no issues are present that would prevent the sale from occurring. What if, however, there is uncertainty regarding one of these issues?

Following The Procedure

When uncertainty exists about any of these important issues, a lawsuit may be filed within the court to settle the issue. Known as a quiet title lawsuit, the action does exactly that – it quiets any issues about the title and the ownership of the property. To begin this process, notice is required to be recorded within the legal system, which sets forth information including the name of the taxpayer affected by the tax sale, the names of anyone else who could claim an interest in the property, the property’s legal description and street address, contact information of the authority, and statements regarding the quiet title proceedings.

Common Scenarios Requiring Quiet Title Action

There are any number of situations in which it makes legal sense to file a quiet title lawsuit. One is in the case in which there is some cloud over the title, such as when the ownership is unknown or not well established, or when there is a question of tax delinquency associated with the property. Other reasons may include when you want to dispute someone’s claim that the property is subject to a mortgage or lien, or when there is uncertain about the property’s boundaries, or if there is an easement on the property that is being used but was never properly recorded. Essentially, any time there is a question about ownership of, debt on, or usage of a piece of property, filing a quiet title action is the best way to prevent the chance that someone will dispute the legality of your ownership of the property in the future.

Are You Considering Filing A Quiet Title Lawsuit? Cloud & Willis, LLC Can Help

If you are looking at buying a piece of property, you will want to ensure you are making a wise investment. An experienced real estate attorney can help you accomplish this by reviewing the transaction from the beginning and handling any legal issues that need to be resolved as a part of the process. The Birmingham real estate attorneys at the office of Cloud Willis & Ellis have helped clients with a wide range of real estate matters including quiet title actions and can help to make sure your transaction is a smooth one. Contact the office of Cloud Willis & Ellis today and let us help you with your real estate needs.

Adverse Possession: The Importance of Evicting Squatters in Alabama

The Sheriff’s Office recently evicted a group of squatters from a home in Southwest Huntsville, reports ABC WAAY 31. Squatters, or people who unlawfully occupy land, are fairly common in Alabama, especially in neighborhoods where foreclosures have left many homes vacant. Landlords in Alabama have the right to evict squatters unless a squatter has acquired the property via “adverse possession”.

Adverse Possession

When you think of a squatter you may picture a homeless person who sneaks into an abandoned house at night in order to have a place to sleep. While some squatters do sneak in and out of the house that they are occupying, others openly move into the home and pretend that they are legally living there. These squatters often put utilities in their own name, have mail delivered, and prepare false documents indicating that they are rightfully in possession of the home. As a landlord in Alabama it is important to know that squatters who openly occupy your property may actually be able to acquire ownership of your land if they adversely possess the property for a specified amount of time and meet various other requirements.

Under Alabama Code of Law section 6-5-200, as well as a string of adverse possession court cases, a squatter in Alabama can acquire legal title over the land that they are occupying if they are able to show that all of the following requirements have been met:

Hostile: The squatter’s possession of the property must be hostile, meaning that they must occupy the land without the owner’s permission.
Actual: The squatter must have actual possession of the property.
Exclusive: The property must be in the squatter’s exclusive possession.
Open and Notorious: The squatter must publicly occupy the property and not hide his or her occupancy.
Continuous for the Statutory Period: Generally, the squatter must have been in possession of the property for at least 10 continuous years, pay taxes on the land, and have color of title. However, this requirement can also be satisfied if the squatter did not pay taxes or have color of title but did occupy the land for 20 years or more.

Classic Example of Adverse Possession

The notion of adverse possession is a very old legal concept that stems from the belief that land should be used and that if someone else can make use of land that an owner has left unattended then the new possessor should have legal rights to the land. For example, if Tom owns a 50 acre tract of land with a hunting cabin on it in rural Alabama that he has not visited for decades, Susan can likely acquire the property via adverse possession if she openly moves into the cabin without the owner’s permission, lives there continuously for 20 years, and has exclusive possession of the property.

How Can a Landlord Stop Adverse Possession?

Stopping adverse possession in Alabama is easy, the landowner must simply enforce their rights as a property owner. A landowner can do this by evicting squatters who have taken up residence on their land, or by reclassifying them as tenants (so that their possession is no longer hostile). Therefore, it is very important that landlords inspect their property regularly and consult with a competent eviction attorney if they discover squatters living illegally on their property.

Need Legal Advice?

If you are a landowner in Alabama and are concerned about losing your property rights to squatters, contact the experienced eviction attorneys at Cloud Willis & Ellis, LLC today. Our lawyers would be happy to discuss your legal options with you during a consultation at our offices in either Birmingham (205-322-6060) or Mobile (251-545-4844).

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