Off topic land sale/quit claim deed

[db366]

So the story goes my mom and dad had land together before they split. My dad died shortly after (1990). Now I'm older and in the process of buying my own house and my mom quit claimed the land to me. My dad and I share the same name and the tax papers don't say jr/Sr. What is my next step? The land is in Alabama, I plan on going down there to either give the people on the land their notice or get them to sign a contract (they haven't ever had a contract).

Any suggestions? Land is paid off and taxes are paid.

 

[Badger]

Not enough facts..if the people are there unauthorized, you need to check out Alabama statutes regarding adverse possession, and trespaaing...if they are there as tenets, then you need to check Alabama law regarding notice and dispossessory.
If you go throw them off, you may get yourself in in a very expensive and tenuous situation in both civil and criminal court .
Don't take advise in a scenario like this from the internet..get it from an attorney versed in Alabama law or check the Alabama codes yourself but be sure you understand them before you act or you could put yourself at risk and possibly set yourself up to lose the land itself.
I have been a property owner and landlord since the late seventies... trust me you need to know the law before you act.

 

[db366]

The people are on the up and up. I guess what I'm ry looking for is where do I got next? Get the deed put in my name or title?

The people have lived on the land for 10-15 years never missed a payment and take care of the land. They haven't had a contract since then either. My mom was just letting my grandma keep the rent which hasn't changed since then either which is only? 65 a month for 2 acres. The going rate is over double now so not too sure if I need to take the hit and let them keep paying nothing or charge more...

 

[Byte Stryke]

The people are on the up and up. I guess what I'm ry looking for is where do I got next? Get the deed put in my name or title?

The people have lived on the land for 10-15 years never missed a payment and take care of the land. They haven't had a contract since then either. My mom was just letting my grandma keep the rent which hasn't changed since then either which is only? 65 a month for 2 acres. The going rate is over double now so not too sure if I need to take the hit and let them keep paying nothing or charge more...

which would cost more?
Taking the hit? or potentially have destructive tenants?

 

[Badger]

The people are on the up and up. I guess what I'm ry looking for is where do I got next? Get the deed put in my name or title?

The people have lived on the land for 10-15 years never missed a payment and take care of the land. They haven't had a contract since then either. My mom was just letting my grandma keep the rent which hasn't changed since then either which is only? 65 a month for 2 acres. The going rate is over double now so not too sure if I need to take the hit and let them keep paying nothing or charge more...

Ok we're not in a contest or dispute over possession right now.
Ist you need the deed changed to your name..contact the probate court in the county where the property is located and get the forms and the information of what you have to bring to the clerk of the court's office with you.
It is important how your parents had the deed original was it a deed of joint tenancy or tenets in common WITH RIGHTS OF SURVIVORSHIP..it must say that or some other type deed.
If not did your mother get everything changed to her name in Ala. by the administrator of your dad's estate before she gave quit claim to you.
If that is done, and she is the recorded property owner IN Ala. then you need a NOTARIZED quit claim deed to present to the Ala clerk of court OR a NOTARIZED LIMITED POWER OF ATTORNEY executed by your mother giving you the LEGAL authority to act on her behalf to complete the transition of ownership from her to you.
You can see this all sounds quite complicated and it can be...this is why you need to consult and attorney or at least talk with the Clerk of the Court in the Ala. county where the land is located.
As for the tenants, if there was a written rental agreement, you NEED it....if not you are dealing with "parole evidence" (a verbal agreement) and if you tenants disagree with what you say the terms are , it becomes a he said she said kind of thing and the judge will believe whomever he wishes
If there is written agreement...IN GEORGIA when that lease or agreement expires and the tenants stay on with the owners permission, it is treated as a month to month lease under the same terms as originally written and agreed to...Ala. may be same or not, you HAVE to look at Ala. law.
There will be a specified time that you must give the tenant to vacate if they do not contest it..such as 30 day or sixty days notice etc. and there will be a SPECIFIED METHOD by which you must give this notice.
You can see by where we are here..that you've REALLY got to access Alabama law either on your own with whatever help the Clerk of court will give you, which will be strictly procedural in nature,...they WILL NOT give you legal advice or you go to an attorney which is what I would recommend unless you are good at interpreting statutory law to the point of having a reasonably clear understanding of its content and meaning.
I'm sorry , there is NO easy way or short cuts..it is what it is.

 

[chucklenut]

The people are on the up and up. I guess what I'm ry looking for is where do I got next? Get the deed put in my name or title?

The people have lived on the land for 10-15 years never missed a payment and take care of the land. They haven't had a contract since then either. My mom was just letting my grandma keep the rent which hasn't changed since then either which is only? 65 a month for 2 acres. The going rate is over double now so not too sure if I need to take the hit and let them keep paying nothing or charge more...

if your not using the land for anything and they are taking good care of it, i would want to keep that working relationship

 

[db366]

I gotta work some stuff out ill be going to Alabama next week but I was lost as to where it what to do. I wanted to sell the land and the lady on it wants to buy it but I don't know if she can afford to pay it. I want to work something out with her but from what I have heard she is on a fixed income and just draws social security.

 

[chucklenut]

I gotta work some stuff out ill be going to Alabama next week but I was lost as to where it what to do. I wanted to sell the land and the lady on it wants to buy it but I don't know if she can afford to pay it. I want to work something out with her but from what I have heard she is on a fixed income and just draws social security.

she could apply for a loan from a 3rd party and just pay you out. i figure that would be the easiest for you since you dont wanna deal with financing