Property Disputes in Huntsville, AL
Property disputes in Alabama are common between neighbors. They even occur between companies and governments. People want to protect what is legally theirs, but sometimes the boundary lines are not clear.
Find out what you can do if you have a property dispute in Huntsville, Alabama. Discover the legal remedies and actions that can help you clear up a misunderstanding, arrange a settlement, or manage an issue involving your property.
What Is a Property Dispute?
Property disputes are legal disputes that involve real estate, including single-family homes, apartments, roads, condominiums, and ponds. Huntsville, AL property disputes can involve a wide range of parties, which might include some of the following:
- Neighbors
- Homeowners’ association
- Landlords and tenants
- Family members
- Trespassers
- Property visitors
- Government agencies
The Madison County Circuit Court handles property disputes in Huntsville. The court has three civil divisions. The small claims, district civil, and circuit civil. The division that hears your case will depend on the amount of damages involved.
Common Types of Huntsville, Alabama Property Disputes
It’s important to know about common disputes to understand your circumstances. The most common property disputes often include:
- Disputes between neighbors regarding where property lines exist
- Disputes between landlords and tenants regarding who is at fault for damage to the property
- Homeowners and real estate developers disagree over who is responsible for repairs on construction
- People blocking their neighbor’s view via a “spite fence” or another structure specifically made to annoy their neighbor
- Disputes between mortgage lenders and creditors over who can foreclose a property and who receives the proceeds of a sale
- Disputes between homeowners and government agencies about whether they have a utility easement
- Ownership disputes about who is the rightful owner of a property
- Issues with zoning
Beyond these examples, you may find other situations in Huntsville where a property dispute occurs. In general, if you own land, you have to constantly watch out for it and ensure that others are not using it illegally or trying to claim it as their own.
Understanding Typical Huntsville, Alabama Property Disputes
When trees grow on or near a property line, they can sometimes lead to disputes between Huntsville neighbors. Since Alabama does not have statutes that directly address this issue, Madison County courts will look to the common law. For example, Alabama courts generally allow a property owner to trim the branches of a tree that overhangs their property. However, if a tree sits on the property line, cutting it down requires the consent of both property owners. In addition, the Huntsville Tree Ordinance protects trees that grow on public property.
In many situations, if your Huntsville neighbor is doing something loud, dirty, or smelly, you can file a nuisance lawsuit. However, Alabama law prohibits many of these actions against commercial industries. While all states provide a version of this protection to agricultural operations, Alabama goes much further. The law includes agricultural, manufacturing, and industrial establishments. In addition, it specifically includes racetracks for cars and motorcycles.
Legal Process for Boundary Disputes In Huntsville, Alabama
Has someone brought a property dispute against you in Huntsville, or are you starting a property dispute against someone else? If so, you need to understand the legal process you will go through. This process begins with understanding the issue at hand.
Understand the Boundary Issue
To understand the specific boundary dispute, you’ll have to do the following things:
- Complete a land survey to locate the exact boundary of your home as outlined in the legal description of the deed. This survey will help you understand your property and how much of your land is encroached.
- Conduct an appraisal to learn the exact market value of the piece of property that is in dispute.
- Do a title search to find all of the documents in the chain of title of your Huntsville, AL property. The title search will show if any deeds may affect your ownership.
These things will likely have happened when you purchased the home. If that’s the case, the documents you already have should suffice unless the case goes to court.
Under Alabama statute, a fence that sits on a Huntsville property line is a Partition Fence. In most cases, both landowners have joint responsibility for the costs of construction and repair of a partition fence. In addition, the Huntsville Municipal Code contains guidelines for fences in the city. For example, the city restricts the materials that can be used to construct a non-agricultural fence. Furthermore, the ordinance requires fence owners to maintain and repair their fences so they are not a potential safety hazard.
Try to Find a Solution with Your Neighbor
Property disputes in , , can be both costly and time-intensive. For this reason, initiating an open and constructive dialogue with your neighbor is often the most effective first step. Reaching an agreement outside of court can save both parties considerable time and expenses.
Start by contacting your neighbor directly. Whether through a written letter, email, phone call, or an in-person conversation—if it feels safe—taking this informal approach can often lead to a resolution.
If these attempts prove unsuccessful and you and your neighbor remain at an impasse, consulting a qualified attorney is the next step. An attorney can assess your case, determine the strength of your legal position, and help you draft a formal demand letter to protect your rights and seek resolution.
Sending a Demand Letter
This letter will be from your Huntsville attorney to your neighbor, and it will outline the property dispute. It will give your neighbor the option to respond via a requested action, or it will provide a reasonable price for settling the dispute out of court.
Your neighbor will likely forward this letter to their attorney to better understand the boundary dispute. From there, the attorneys on both sides will decide the best course of action moving forward.
Going to Court or Reaching a Settlement
Typically, the best option for both sides is to settle the dispute out of court to avoid costly litigation fees. But if your negotiations are going nowhere, it might be necessary to file the dispute with the court. The court will then look closely at the evidence presented and determine who owns the Huntsville, AL property in question. Keep in mind the court’s decision is legally binding. You may not agree with it, or it may not be exactly the result you wanted to see. That is why it’s typically in your best interest to settle.
Your Huntsville property dispute will fall under the jurisdiction of the Madison County Circuit Court. Depending on the size of the case, either the small claims, district, or circuit division will handle the matter.
Work With an Experienced Local Property Dispute Lawyer In Huntsville, Alabama
When it comes to property disputes, you should work with an experienced property dispute lawyer. Whether you’re filing a property dispute against your neighbor or you are defending a dispute brought against you, you’ll need a lawyer who understands Huntsville property law on your side. An experienced lawyer can help you settle before taking the dispute to court, which will save you both time and money. We can even help you connect with an attorney across Alabama state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an attorney in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
