Title: Alabama Complaint to Vacate and/or Alter a Recorded Plat and Seek Other Relief Keywords: Alabama, complaint, vacate, alter, recorded plat, relief Introduction: In Alabama, a Complaint to Vacate and/or Alter a Recorded Plat is a legal document filed by an individual or entity seeking a court's intervention to challenge, modify, or invalidate a recorded plat. This complaint allows the petitioner to request relief from the court concerning the recorded plat in question. Types of Alabama Complaints to Vacate and/or Alter a Recorded Plat: 1. Complaint to Vacate a Recorded Plat: This type of complaint is filed when the petitioner seeks the complete elimination or cancellation of a recorded plat. Various reasons may lead to this request, such as defective surveying, inaccurate measurements, or the plat's inconsistency with legal requirements. 2. Complaint to Alter a Recorded Plat: This complaint is filed when the petitioner aims to modify specific aspects of a recorded plat while keeping it in effect. The proposed alterations could include revisions to boundary lines, lot sizes, road access, or utility easements, among others. 3. Complaint to Vacate and Alter a Recorded Plat: In certain cases, a petitioner may simultaneously request both vacating a recorded plat and introducing alterations. This type of complaint enables a comprehensive approach to rectify any existing issues or inconsistencies with the plat. Content of an Alabama Complaint to Vacate and/or Alter a Recorded Plat: 1. Caption: State the name of the court, the party initiating the complaint (plaintiff), the party being challenged (defendant), and other relevant details, including the case number and judge's name. 2. Introduction: Provide a concise statement explaining the purpose of the complaint, stating the intention to challenge, vacate, or alter the recorded plat. Outline the reasons for seeking such relief. 3. Background: Offer a factual background of the recorded plat in question, including its date of recording, location, and any relevant legal references such as deeds, surveys, or recorded documents that are central to the complaint. 4. Allegations: Present a detailed account of the problems or defects associated with the recorded plat. Support your claims with specific facts, such as errors in measurements, boundary discrepancies, failure to comply with legal requirements, or adverse impacts on neighboring properties. 5. Relief Sought: Clearly specify the requested relief. For instance, if vacating the plat is sought, explain the reasons and the consequences the petitioner seeks to avoid. If alterations to the plat are desired, outline the specific changes or modifications proposed. 6. Legal Theories and Arguments: Present the legal grounds supporting the requested relief. Cite applicable Alabama statutes, case laws, or legal precedents that bolster the position. Explain how the irregularities of the recorded plat affect the rights and interests of the petitioner. 7. Prayer for Relief: Conclude the complaint by summarizing the relief sought and any other applicable forms of relief, such as reimbursement of legal fees, costs, or further equitable remedies. Remember, this is a general overview of the content and structure of an Alabama Complaint to Vacate and/or Alter a Recorded Plat. If you require specific legal advice or assistance, it is recommendable to consult with a qualified attorney familiar with Alabama's laws and procedures.
Alabama Complaint to Vacate and / or Alter a Recorded Plat and for other Relief
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How to fill out Complaint To Vacate And / Or Alter A Recorded Plat And For Other Relief?
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Complaints must be in writing and signed by the Complainant. Unsigned written complaints received by the Board (anonymous) are not considered for any reason. Under authority of §34-27A-20(a) of the Alabama Real Estate Appraisers Act, the Board may investigate the actions of a Licensee on its own motion.
The standard attorney fee for an uncontested Quite Title Action is $1500, plus the court costs, service of process, publication and other costs related to the lawsuit.
The duration of a quiet title action in Georgia can vary greatly depending on the complexity of the title and the number of claimants. A straightforward quiet title action can be completed within two to three months, but a more complex situation involving multiple parties or disputes may take a year or more.
Article 12 - Adverse Possession. Section 6-5-200 - When Title to Land Conferred or Defeated; When Claim May Be Defended or Prosecuted; Construction of Section.
A ?quiet title? action is an action to settle the entirety of title interest in real estate in one person or entity (a business, estate, government agency, or trust). This is a lawsuit filed in a circuit court in the county in which the property is located.
A notice of Lis Pendens must be filed and recorded with the Office of the Judge of Probate of Jefferson County, Alabama. The authority must then serve all persons having record title or interest in or lien upon the property with a notice of the hearing on the petition to quiet title.
Adverse Possession in Alabama Code SectionCode of Alabama 6-5-200: Adverse PossessionTime Period Required for Occupation20 yrs. Bradley v. Demos 599 So.2d 1148 and Color of Title: 10 yrs. and Payment of Taxes: 10 yrs.Time for Landowner to Challenge/Effect of Landowner's Disability-Improvements-2 more rows
Adverse possession and squatters' rights are two terms that are used synonymously to describe cases where a person occupying a vacant property may not be the property owner but gain ownership because of continuous possession of the property.