Rental Property Investor · Birmingham, AL · Member since 2016 · 97 posts · 51 votes
I recently purchased a home in Birmingham, Alabama to rent out. I'm currently rehabbing the property. Exterior painting is done. So, there is a house next door that definitely looks abandoned. In fact, my realtor and I were almost sure no one lived there.
The house is in the tax sale which I requested more info to try and purchase the property to maybe rehab myself or turn over to a rehabbed in the Birmingham AL area. We have the 3 yr redemption period here... Ugh
Anyway, so the painter was confronted by someone out of the house next door stating I need to "cut the limbs away from his roof"
Now I definitely don't mind this but I'm just wondering, um,... Where did he come from?
I've tried writing the owners of the property and all mail returns undeliverable.
JD, CCIM , Real Estate Broker · Tuscaloosa, AL · Member since 2014 · 1k+ posts · 1k+ votes
10y
Squatters have heard stories about people moving into property with zombie mortgages, and being able to adversely possess them. That is what is driving a lot of that activity. I think Florida has a 7-year adverse possession statute if the property has been abandoned by the owner and any lenders. I think you have to file some sort of certificate in the real estate records. In Alabama, on the other hand, a pure squatter has to be there for 20 years to get title. If they have color of title (a deed that turned out to be defective, a will that left them property it turned out the testator didn't actually own, etc) or if it is a simple boundary line issue, you can adversely possess a property in only 10 years. If it is a tax sale property and the tax sale was defective for some reason, you can adversely possess in only 3 years after you get your tax deed. The squatters don't know those rules. They've heard Internet rumors about states like Florida, and think it is the same everywhere. It's not.
JD, CCIM , Real Estate Broker · Tuscaloosa, AL · Member since 2014 · 1k+ posts · 1k+ votes
10y
Could be a squatter, or a relative of the owner. He's right, though, you do need to cut the limbs that hang over his roof. Technically, he's allowed to cut them, but it's better if you do it.
Rental Property Investor · Birmingham, AL · Member since 2016 · 97 posts · 51 votes
10y
Yes I will do it. I doubt he's a relative. The company that owns the home have several homes in Birmingham in tax sale. It's weird he brought that up instead of the fact that his home is caving in and grass never cut. Also, I'm sure they're squatters. @Denise Evans
Investor · Birmingham, AL · Member since 2015 · 9 posts · 5 votes
10y
This happened at an abandoned home two doors from a rental I own. The squatter flagged down the police because we were making too much noise repairing the rental. The police knew the house was abandoned and a hazard so they made him leave, but he was back the next night. This went on for weeks. He finally stopped showing up when the police started parking on the street for a few days. The owner is in a nursing home.
Investor · Huntsville, AL · Member since 2014 · 108 posts · 50 votes
10y
We didn't have problems with a squatter; however, the renters across from one of our rentals were dealing. Similar to what @Drusilla Hurt was hinting at, we continually called the police, until they finally vacated. If they are not taking care of the property, you can call the inspection department, or city planning, and they will fine the owners for tall grass, condemn the property, etc. But - make sure all your stuff is taken care of, or else you could get that fine thrown your way too.
Rental Property Investor · Birmingham, AL · Member since 2016 · 97 posts · 51 votes
10y
@Drusilla Hurt@Christy Harris this is definitely the case. Since I've cleaned up my area, I will definitely contact the city because I'm sure of the dealing. They are basically the only house on the street now making it bad
JD, CCIM , Real Estate Broker · Tuscaloosa, AL · Member since 2014 · 1k+ posts · 1k+ votes
10y
Squatters have heard stories about people moving into property with zombie mortgages, and being able to adversely possess them. That is what is driving a lot of that activity. I think Florida has a 7-year adverse possession statute if the property has been abandoned by the owner and any lenders. I think you have to file some sort of certificate in the real estate records. In Alabama, on the other hand, a pure squatter has to be there for 20 years to get title. If they have color of title (a deed that turned out to be defective, a will that left them property it turned out the testator didn't actually own, etc) or if it is a simple boundary line issue, you can adversely possess a property in only 10 years. If it is a tax sale property and the tax sale was defective for some reason, you can adversely possess in only 3 years after you get your tax deed. The squatters don't know those rules. They've heard Internet rumors about states like Florida, and think it is the same everywhere. It's not.
Investor · Century, FL · Member since 2015 · 950 posts · 603 votes
10y
If you want to find out the real history of the property, do what I do; ask the postman.
He's the one person who knows the history for the last few years, where people went, who lives there now, what relationship they are to the owners, whether they are in trouble with the local council, whether they are in trouble with the law. Practically anything, and he knows.
And if you're interested in buying in that area, make sure you give him a Christmas tip, and this is the guy who will bring people to your door. Like mine does.
If you want to find out the real history of the property, do what I do; ask the postman.
The "delivery person" that comes to my house is different almost every day. Male, female, professional, drug addicted, I see all types. They usually do a terrible job, always putting mail in the wrong box (how hard could it be?!) and never picking up packages.
My point is, the mail man ain't like he used to be...and my mail man knows nothing about me even though I've lived here 15 years. They still can't figure out what last name should be in my box.