Property Disputes in Tuscaloosa, AL

Property disputes between neighbors in Tuscaloosa can be more common than you think. Often these disputes are resolved amicably, but there are instances when both parties just can’t come to a consensus. There are even instances where one party seeks to take advantage of another. If you find yourself in this type of situation, you may want to engage the services of an experienced attorney in Tuscaloosa.

What Is a Property Dispute?

Property disputes are legal disputes that involve real estate, including single-family homes, apartments, roads, condominiums, and ponds. Tuscaloosa, 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

Residents of Tuscaloosa facing a property dispute will most likely have to appear before the 6th Judicial Circuit Court. If you engage the services of an experienced attorney in Tuscaloosa, this is most likely where he or she will file.

Common Types of Tuscaloosa, 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 disagreeing 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 Tuscaloosa 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 Tuscaloosa, Alabama Property Disputes

You may need special permission to remove a tree in Tuscaloosa, even if it is on your property, depending upon the size and weight of the tree. It is also illegal to remove a tree from someone else’s property without their express permission. Even if you believe the tree to be a nuisance, or pose a danger, you cannot remove it without permission. Doing so can result in you being forced to pay fines and restitution.

Alabama’s Right to Farm Legislation provides protections for farmers and agricultural institutions against nuisance lawsuits. This legislation is designed to prevent the loss of farmland across the state. However, to date, since the passing of these laws Alabama has lost 28% of its farming acreage.

Legal Process for Boundary Disputes In Tuscaloosa, Alabama

Has someone brought a property dispute against you in Tuscaloosa, 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 Tuscaloosa, 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.

Alabama Fencing Laws state that fencing can become the new property line in Tuscaloosa, if a property owner decides to build a new fence. This could extend the property line, or shrink the property depending on the placement of the fence. In addition, if a fence sits on two adjoining properties, both landowners shall be reasonably responsible in paying for the maintenance of the fence.

Try to Find a Solution with Your Neighbor

Property dispute litigation in Tuscaloosa, Alabama can cost a fortune, not to mention it can take a long time to settle a dispute. Therefore, it’s important to open a discussion between you and your neighbor. If you can reach an agreement and settle the dispute without going to court, you can save time and money.

Try to communicate directly with your neighbor. You can attempt sending a letter, email, making a phone call, or visiting their home if that’s a safe option.

If no progress happens and it’s clear that you and your neighbor are still on completely different pages, at this point, you should consider hiring an attorney to assist you. They can help you understand if you have legal grounds upon which to stand. If you do, then you can send a demand letter.

Sending a Demand Letter

This letter will be from your Tuscaloosa 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 Tuscaloosa, 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.

The Tuscaloosa County 6th Circuit Court generally has jurisdiction over property disputes in Tuscaloosa. The courthouse is located 714 Greensboro Avenue.

Work With an Experienced Local Property Dispute Lawyer In Tuscaloosa, Alabama

When it comes to Alabama 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 that understands Tuscaloosa 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!

How It All Works

Call us or answer the questions on this site. Your category, location, and additional information will help us connect you to a legal professional and we’ll send you the results instantly.

Which Areas of Law?

We have attorneys in over 20 legal categories to choose from.

How Much Does This Cost?

We don’t charge you to be connected. Some legal categories require upfront fees while others do not. The legal professional will determine this with you before you commit to anything.