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
building?

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

Answers:

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.