Administrator’s deed. A deed drawn up by an administrator (appointed by the probate judge) for land left by someone who has died intestate.

Clouded title. An encumbered land title or one with an outstanding claim (for example, land with a lien against it or for which ownership is not documented).

Co-owner. Someone who shares ownership of something with one or more other people.

Deed of reconveyance. A document transferring title from a mortgage lender to the borrower when the loan has been paid in full.

Encroachment. In real estate, an encroachment is when one property owner crosses a neighbor’s property boundary lines and builds or develops on their neighbor’s property without permission.

Encumbrance. A claim against a property by someone who is not an owner of the property. Encumbrances can hinder someone from transferring a property or restrict how the property is used.

Fractional interest. Fractional interest represents how much of an asset a person or party owns. In real estate, when multiple people or parties jointly own an asset, each person’s fractional interest is expressed as a percentage totaling 100 percent.

Guardian ad litem. Someone appointed by a court to make decisions on behalf of a minor, an incompetent person, or an absent party.

Heir. A person legally entitled to the property or rank of another on that person’s death or a person inheriting and continuing the legacy of a predecessor.

Heirs property. A legal term used to refer to the informal transferring of land ownership. It usually occurs from one generation to another when a landowner dies without leaving a will.

Intestate. Refers to dying without a legal will. When a person dies in intestacy, determining the distribution of the deceased’s assets becomes the responsibility of a probate court. An intestate estate is also one in which the will presented to the court was deemed to be invalid.

Intestate succession. How property that belonged to someone who has died without a will is disbursed.

Lien. A claim against a property or person because of failing to repay a debt. The person owed money, also called the lienholder, can collect their money from the property’s value in order to satisfy the debt.

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Parcel. A specific area of land with clear boundaries. This term can refer to the lots, blocks, tracts, and other property located within a boundary.

Partition sale. Forced sale of property held communally by more than one owner. Each owner receives a portion of the money collected by the sale based on their interest.

Probate. A court-administered process in which the court confirms the validity of a will and allows other people the option to challenge the will.

Quiet title action. A legal process to secure and enforce the rights to a property with clear title. Can be used to clear title defects and resolve ownership disputes.

Quitclaim deed. A document that quickly transfers property ownership but makes no guarantees or warranties as to the title of the property.

Tax deed. Deed issued by the court transferring a title to someone who has purchased land at a tax sale.

Title defect. Anything on a property title that could prevent or slow an owner’s ability to claim or sell their property. Examples of title defects are liens, boundary line disputes, encumbrances, encroachments, illegal or unknown deeds, missing heirs or undisclosed owners, bankruptcy, or legal judgments against the property.

Tax lien. A legal claim imposed against the property of a taxpayer who has failed to pay the taxes owed to the government. The lien may allow the government to seize or sell the property to satisfy the tax debt.

Tax sale. Court-ordered sale of land to make up for unpaid taxes on the property.

Title. Legal evidence of a right to a property.

Title insurance. A type of insurance policy that covers title issues or claims on a property not discovered in title search. May be used to insure owner’s title or a lender’s interests in a mortgage.

Title review. A review of a title search is a process to look over results of a title search. It is performed by a title company or real estate attorney.

Title search. An investigation into the ownership history of land. A process to verify ownership and identify any liens, encumbrances, or other title defects.

Back to Heirs Property in Alabama

Portia Johnson, Extension Specialist, Assistant Professor, Human Sciences; Ryan Thomson, Assistant Professor, Rural Sociology; Adam Rabinowitz, Extension Specialist, Associate Professor, Agricultural Economics; and Katie Keown, Visiting Professor, Agriculture Law, all with Auburn University

Revised July 2024, Heirs Property in Alabama, HE-0852