quiet title adverse possession alabama

c. A letter of inquiry to the person who sold the property to the owner whose interest was sold in the tax sale at the address shown in the transfer tax declaration or in the telephone directory. 9 Morris v. Card, 135 So. Should the identity of some or all of the persons who may have an interest in the property be unknown, or should such persons be infants or persons of unsound mind, the court shall appoint a guardian ad litem to represent and defend the interests of such unknown, infant, or incompetent parties in the action. (A more detailed definition). Articles | quiet title - Nolo Doing this, will save you much more time and effort than looking for an attorney to prepare a file from the blank page for you would. 2d 947, 954 (Ala.2001). Adverse possession claims are not easy to win, because the claimant is asking the court to disregard record title ownership and declare a new owner. Possession must be: It may require a "quiet title" lawsuit to decide whether all five of the following elements of adverse possession are present in any given factual situation. In a suit to quiet title, the claimant seeks to remove a defect in his or her chain of title. You can contact an Alabama real estate attorney if you would like legal assistance with a real estate case or adverse possession matter, or if you want to understand your rights and responsibilities as a landowner. 1990).). Even if you legally own property, someone else can take possession of it and eventually legally own it. On remand, the trial court should make findings as to whether the nature and quality of possession required for a showing of adverse possessioni.e., actual, exclusive, open, notorious, hostile, and continuous possession were proven for the requisite period. QUIET TITLE AND PROBATE - The Probate Pro Your first step should be to politely ask the trespasser to move and to remove any structures or property on your land. A quiet title action is a lawsuit that requests the court authenticate the true owner of the property. And though less likely, the law also allows an unknown trespassernot a neighbor whom you knowto squat on land and develop the same type of claim to ownership. A "quiet title" is the umbrella term for a lawsuit that claims ownership of real property for any reason. What is more, adverse possession and quiet title law is complex. Several conditions trigger suits to quiet title (some-times referred to as "a suit to remove cloud from title"). In doing so, however, it is not necessary for us to rely solely upon the force of logic of the children's position.

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