Question 1

What's the difference between adverse possession and a prescriptive easement?

Accepted Answer

Adverse possession transfers ownership; a prescriptive easement gives only a right to use. Both require open, notorious, continuous, exclusive, hostile use for the statutory period. Alabama adverse possession needs 10 years with color of title or 20 without; prescription runs 20 years. Florida periods differ.

Question 2

Do you handle riparian and waterfront disputes on the Alabama Gulf Coast?

Accepted Answer

Yes — riparian and littoral rights are a core focus. We've tried and won waterfront cases on novel issues, including a 2023 Orange Beach trial. Common issues: dock and pier permits, accreted-land ownership, beach access, and the rule that riparian rights are appurtenant to the upland lot.

Question 3

Can a landlord recover from a tenant who has stopped paying rent during a long lease term?

Accepted Answer

Often yes, but the answer turns on the lease's default and remedy provisions, whether the landlord properly served default notice with a cure period, and whether past acceptance of late payments has waived strict-performance rights. We handle eviction and broader breach-of-lease damages, including future-rent acceleration.

Question 4

I bought a property and the survey shows my neighbor's fence is six feet on my side. Can I just have it moved?

Accepted Answer

Sometimes — but 'fence is on my side' only starts the analysis. If it's been there long enough, your neighbor may have adverse-possession or prescriptive-easement rights to the fence line. Alabama recognizes boundary by acquiescence. We pull the chain of title, plats, and recorded easements before recommending action.

Question 5

My partner and I bought a building together and now we want out. What are our options?

Accepted Answer

Three remedies. Voluntary partition with a buy-sell agreement we draft. Statutory partition by sale or in-kind — a forced court-ordered sale when parties can't agree. Or operating-agreement triggers if the property's held in an LLC. The right path turns on the agreement, the relationship, and the property's value.

Question 6

We sold a house with a non-disclosure form and now the buyer is suing for undisclosed defects. Are we exposed?

Accepted Answer

Possibly. Alabama is largely caveat emptor — sellers aren't liable unless they actively concealed, misrepresented, or the defect is health-and-safety. Florida imposes a higher duty under Johnson v. Davis. 'As-is' is a defense in both states but doesn't survive intentional fraud. Get counsel before any deposition.

Question 7

How long does real-estate litigation typically take, and how much does it cost?

Accepted Answer

Highly variable. A boundary or easement case with cooperating parties can settle in mediation in 90 days for under $20K. A multi-party commercial-lease dispute can run two-plus years and seven figures. Alabama trial-ready commercial cases typically run 12-18 months. We give a realistic budget at engagement and quarterly updates.

Lease, title, and contract disputes

About this practice

From the Library — Real Estate Litigation writing