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Real Estate

Gifts

A gift is a transfer of property without any money changing hands. The person who makes the gift is called the donor. The recipient is called the donee. The requirements of a valid gift are that the donor voluntarily intends to give property, which is delivered to and accepted by the donee.

Judgment Liens and Other Types of Liens against Real Property

Most agreements for the sale of real estate contain a clause that requires the seller to convey “marketable title” or “merchantable title” to the buyer. In essence, “marketable title” refers to a title free of encumbrances. A lien is an encumbrance upon real property, and the existence of a lien on real property renders the title unmarketable.

Movers’ Bills of Lading

A bill of lading is a document that is prepared by a mover when a customer contracts for the transportation and delivery of a shipment of furniture and furnishings. The bill of lading is the mover’s receipt for the household goods and the contract for their transportation. It is not a contract, but it does form part of the contract between the mover and the customer.

Tangible and Intangible Property

Property is an external thing that can be owned or possessed. Property can be divided into two categories: tangible and intangible. The word tangible refers to something that has a definable physical form that can be felt or touched. The word intangible refers to something that cannot be perceived by the senses.

The Historic Homeowner — State and Local Preservation Laws

The issue of historic preservation is governed by a myriad of federal, state, and local laws. Generally speaking, the purpose of preservation laws is to encourage the recognition of historic resources, as well as the preservation of those resources. Without question, historic preservation is a legitimate governmental objective. On the state and local levels, historic preservation controls may be enacted subject to the applicable constitutional constraints.

Our Office
  • Decatur Office
    214 Johnston Street, S.E.
    Decatur, Alabama 35601
    Phone: 256-340-8000
    Fax: 256-340-8040