Boundary Disputes concerning boundaries, easements, ownership, liens (including trust deeds and mortgages) and other interests that effect the state of title to real property.   Easements  Easements are non-exclusive rights to use someone else's property for a particular purpose, usually in favor of  (or appurtenant to) the adjoining property,  and can be expressly granted by deed or may come about without being  expressed in a deed or other writing.  Rights of way and drilling/mining rights are examples of easements.  Non-expressed easements come under the categories of implied easements, easements by necessity and prescriptive easements and are just as effective (although they can and sometimes do lapse with time) as express easements regardless of the property owner's knowledge of the easement.  Ownership and the right to sell Ownership itself can sometimes become an issue.  There are situations where a deed to property can have a different legal effect than would be apparent to the client.  It is also possible for one to obtain ownership in property other than by deed; such is the case when acquiring ownership by adverse possession.  Co-owners of property in joint tenancy or tenancy in common sometimes cannot agree and one or more might wish to sell the property over the objection of others.  Such may be accomplished by means of a partition action.  Mortgages and Liens A lien represents a charge against property that secures debt.  There are judicial liens (which include judgment liens created by filing an abstract of judgment), tax liens, mechanics' liens, condominium delinquent assessment liens and others. Issues relating to the existence, priority, enforceability and the amount of debt covered by a lien are often the subject of legal disputes.  Consensual liens, on the other hand, are trust deed or mortgages and represent consensual liens.   Mortgages and Foreclosure Trust deeds or mortgages are security devices instituted by lenders to secure loans.  A trust deed, more commonly called a mortgage, is what is most commonly used in Alabama.   A borrower and lender may disagree on the amount of the balance of a loan and the lender may then commence foreclosure proceedings setting forth the default amount at too high of a sum.   We can help you seek either an injunction or other legal relief from Foreclosure.   Landlord/Tenant and Leases A lease affords the tenant an exclusive right to posses the subject premises for some fixed period or time (e.g. one year) or on a periodic basis (e.g. month to month). If the tenant (or 'lessee') stops paying rent and remains in possession, the landlord may evict the tenant by means of an unlawful detainer action.  Such an action has priority over other actions filed in court and results in a speedy resolution by trial or stipulation.  Both the landlord and the tenant have certain rights regarding the property, and both may need legal advice regarding these rights.   Buy/Sell Transactions Buy/Sell Transactions concern disputes in connection with purchase/sale agreements/escrows and ensuing real estate broker liability.  Law suits in this category include  actions for breach of contract (damages or specific performance) and fraud.
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