Adverse Possession in Alabama: When Does Possession Become Ownership?

In Alabama real estate law, distinct lines on a map do not always dictate who owns the land. Sometimes, ownership is determined by who has actually been using, maintaining, and occupying the property. This legal concept is known as Adverse Possession.

Often referred to colloquially as “squatter’s rights,” adverse possession is a complex legal doctrine that allows a person to acquire valid title to land they do not technically own, provided they meet specific, rigorous criteria.

Whether you are a property owner worried about an encroachment or a claimant seeking to establish ownership of land you’ve tended for decades, understanding the two types of adverse possession in Alabama—Statutory and Prescription—is essential.

The Two Roads to Ownership: Statutory vs. Prescription

Alabama law recognizes two distinct theories for acquiring land through adverse possession. The main differences between them are the length of time required and the specific legal hurdles the claimant must clear.

1. Statutory Adverse Possession (The 10-Year Rule)

Controlled by Ala. Code § 6-5-200, this method operates as a statute of limitations. To succeed, the claimant must possess the land for 10 years. However, because the time period is shorter, the requirements are stricter (see below).

2. Adverse Possession by Prescription (The 20-Year Rule)

This theory is based on common law and acts as a rule of “absolute repose.” If a claimant has possessed the land for 20 years, the law presumes they have met the requirements for ownership to settle “stale claims.”

The 5 Essential Elements of a Claim

Regardless of whether you are claiming title under the 10-year statute or the 20-year rule, you must prove—by clear and convincing evidence—that your possession of the land was:

1. Actual: You must have immediate occupancy. You don’t necessarily need to live on the land, but you must use it as a true owner would (e.g., farming, building, or timber management). Occasional use isn’t enough.
2. Open and Notorious: Your use must be obvious enough that the true owner could see it and take action. You cannot hide your usage.
3. Exclusive: You must hold the land for yourself, to the exclusion of others. Two people cannot hold the same property adversely at the same time.
4. Hostile and Under Claim of Right: “Hostile” does not mean aggressive; it means you are claiming the property as your own, denying the rights of the paper owner.
5. Continuous: The possession must be uninterrupted for the entire statutory period (10 or 20 years).

A Note on Permissive Use: If the true owner gave you permission to use the land, you generally cannot claim adverse possession. To change permissive use into a valid claim, you must make a clear disclaimer of the owner’s title—effectively notifying them that you are now claiming the land as your own.

The “Extra” Hurdles for Statutory Adverse Possession (10 Years)

If you are trying to claim title after only 10 years, satisfying the five elements above is not enough. Under Ala. Code § 6-5-200, you must also prove one of the following three conditions:

• Color of Title: You have a recorded document (like a deed or will) that purports to give you title, even if that document is legally defective. This document must have been recorded for 10 years.
• Paid Taxes: You (or your predecessors) have annually listed the land for taxation in the proper county for 10 years.
• Descent or Devise: You derived your title by inheritance from a predecessor who was in possession of the land.

The “Hybrid Rule”: Boundary Line Disputes

The most common adverse possession disputes in Alabama involve neighbors fighting over the location of a fence, driveway, or tree line.

In these specific boundary line disputes, Alabama applies a unique “Hybrid Rule.” If the dispute is merely about the location of a boundary between coterminous (adjacent) landowners, you do not need to show a deed, tax payments, or inheritance.

Instead, an adjacent landowner can acquire title to the disputed strip if they hold actual possession openly, exclusively, and under a claim of right for a continuous period of 10 years.

Tacking: Combining Periods of Possession

What if you haven’t owned your home for 10 or 20 years, but the previous owner also used the disputed land? Alabama law allows for “Tacking.”

This allows you to add your period of possession to that of your predecessor (the person you bought the land from), provided there is “privity of estate.” Essentially, if the person you bought the land from also maintained the fence line or occupied the area, you may be able to “tack” their time onto yours to meet the 10 or 20-year requirement.

Legal Remedies: How Claims Are Filed

Adverse possession issues usually end up in Circuit Court through three main types of actions:

• Action to Quiet Title: Used to establish definitive ownership. This can be “In Personam” (against a specific person disputing your title) or “In Rem” (to settle title against the whole world).
• Ejectment: A common law remedy used when a plaintiff is out of possession and seeks to recover the land from someone currently occupying it. Adverse possession is often raised as a defense in these cases.
• Boundary Line Actions: Specifically filed to determine the true location of a property line.

When Adverse Possession Does Not Apply

It is important to note that you cannot use adverse possession to take land from:

• The Government: Federal, state, county, or municipal land (including public roads and schools) cannot be claimed.
• Future Interests: You cannot claim adverse possession against someone holding a future interest (like a remainderman in a life estate) until their interest becomes active.

Contact an Alabama Real Estate Attorney

Establishing or defending against adverse possession is a heavy burden that requires clear and convincing evidence. Whether you are seeking to file a Quiet Title action to cement your ownership or need to file an Ejectment action to remove an encroacher, legal counsel is vital.

If you have questions about property lines, deeds, or long-standing possession of land, contact our office today to schedule a consultation. You can also refer to my Property page for more information.

Disclaimer: This article provides a general overview of Alabama property law and does not constitute legal advice or create an attorney-client relationship. You should consult an attorney regarding your specific legal situation.