Alabama Quitclaim Deed Curing Encroachment

State:
Multi-State
Control #:
US-0607BG
Format:
Word; 
Rich Text
Instant download

Description

An encroachment involves a situation where a property owner violates the property rights of his neighbor by building something on the neighbor's land or by allowing something to hang over onto the neighbor's property. Encroachment can be a problem along property lines when a property owner is not aware of his property boundaries or intentionally chooses to violate his neighbor's boundaries.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Before you transfer real property, you should consult with a local Alabama Property Deed attorney that knows local property deed laws. Quitclaim deeds are generally a quicker and less expensive way to transfer property ownership. Most local attorneys can prepare a property deed in Alabama for you for a low flat rate.

NOTE: The Recorder of Deeds office does not provide blank forms of any kind. To change, add or remove a name on your deed a new deed needs to be recorded reflecting the change. Many people think they can come into the office and change the present recorded deed with a form, but that is not the case.

Due to this, quitclaim deeds typically are not used in situations where the property involved has an outstanding mortgage. After all, it would be difficult for many grantors to pay off a mortgage without proceeds from the sale of the property.

A quitclaim deed conveys whatever interest the grantor has in the property, as distinguished from a grant of the fee or other estate with warranty of title. The grantee takes the title "as is." A quitclaim deed is sometimes called a release deed.

If the person to be removed is alive, then you will need a court order or their cooperation such that you can record a new deed that removes them. Quitclaim and warranty deeds are common solutions. If an owner of a property has passed away, you will need to transfer the property to the living owners.

Attorney Involvement All legal documents must be drafted by an attorney licensed to practice in the State of Alabama. Parties to a transaction can draft their own documents if they are doing so on behalf of themselves.

A quitclaim deed is a legal document that transfers interests in property to another. The property that is commonly transferred by quitclaim deed includes a house, land, mobile home, or time share. A quitclaim deed is used often by divorcing couples to transfer property that was owned by the spouses.

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Alabama Quitclaim Deed Curing Encroachment