Can I put an attachment on a building that was put on my lamd?

I own land with my dwelling on it
and I was staying with my oldest
son for a few days. My youngest son
had a building he was paying
payments on. He was not able to
keep up the payment but the
building is still on my land. Can I
have an attachment on this

Asked on September 13, 2017 under Real Estate Law, Alabama


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you had some sort of security agreement, such as part of a loan or rental agreement, with your son that the building was security for his payment obligations (e.g. under a loan to him which he was repaying to you; or for his rent for the land under the building), then yes: in that case, he agreed that you may take action against the building if he fails to pay. But in the absence of a security agreement, no: the fact that someone owes you money and/or that they have property on your land does not, by itself, allow you to attach, lien, etc. that property.

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