What Qualifies as a Boundary Dispute?

Under Alabama law, a boundary line dispute fundamentally requires that the parties be “coterminous” (adjoining) property owners. If you and the other party do not own land that physically touches, the court lacks jurisdiction to adjudicate the dispute.

These cases are typically brought in the Circuit Court, which has the power to conclusively establish the correct boundary. When a judge resolves the dispute, they are not forced to simply pick your proposed line or your neighbor’s line; the court is empowered to independently determine the true and correct location of the property boundary.

How Alabama Courts Establish Property Lines

When legal descriptions and surveys conflict, Alabama courts use a “universal test” to determine the true boundary line. Priority is given in the following order:

• Natural Objects: Rivers, creeks, or distinct trees.
• Artificial Marks: Markers placed in the ground by a surveyor, such as iron pipes or stakes.
• Course and Distance: The written measurements in the deed.

If a creek or body of water defines your boundary, a gradual change over time by natural forces (accretion) alters the property line. However, a sudden change (avulsion) does not. Additionally, if there is a conflict between property descriptions in different deeds, the descriptions in the older deed will control over the more recent one.

Adverse Possession in Boundary Disputes

You might assume that whatever the official survey says is the final word. However, boundary line disputes in Alabama operate under a unique, hybrid set of adverse possession rules.

In a standard adverse possession case, someone trying to claim land usually must prove they paid taxes on it or held a recorded deed. In disputes between adjoining neighbors, those requirements are waived. A landowner only needs to prove actual, open, notorious, hostile, exclusive, and continuous possession of the disputed strip for 10 years.

Here is how adverse possession typically plays out between neighbors:

• The 10-Year Fence Rule: If an owner holds actual possession up to a recognized line (like a fence) openly and exclusively for 10 years, believing it to be the true line, they acquire title to that land. This applies even if their belief originated from a mistake.
• The 20-Year Rule: Holding property up to an old line fence for more than 20 years overcomes the presumption of legal title entirely.
• Tacking: If your neighbor’s fence has been on your property for 15 years, but they just sold the house, the new owner can likely claim the land. Alabama permits “tacking,” which allows successive owners to add their periods of possession together to reach the 10-year or 20-year requirement.
• Permissive Use: If you explicitly gave your neighbor permission to use your land (like planting a garden), they cannot claim adverse possession unless they formally revoke your permission and make a clear disclaimer of your title.

Dealing with Physical Encroachments

Boundary friction often involves trees, structures, or excavation. Here is how Alabama law handles common physical encroachments:

• Trees on the Line: When a tree sits exactly on a boundary line, both neighbors own it as a “tenancy in common.” One owner cannot unilaterally cut it down over the other’s objections.
• Overhanging Branches and Roots: Because property rights extend to the airspace above and the soil below, you have the legal right to trim overhanging tree limbs or cut invading roots that extend onto your property.
• Excavation: You can excavate on your own property near the line, but you cannot endanger the natural lateral support of your neighbor’s land. If your digging causes their soil to collapse, you can be held liable.
• Structures and Fences: If a neighbor builds a shed or newly poured driveway that encroaches on your land, it is considered a continuing trespass. The proper legal remedy is to seek an injunction in Circuit Court to have the obstruction removed, though the judge will “balance the equities” when making a decision.
• Timber Trespass: Alabama imposes strict statutory penalties for timber trespass. If someone willfully cuts down trees on your side of the line, they can be penalized $20 or $10 per tree (depending on the species), or face liability for double the fair market value of the timber removed.

Resolving the Dispute: Court vs. Agreement

When resolving boundary line disputes in Alabama, parties are not typically entitled to a jury trial, as these are equitable issues decided by a judge. The exception is if the boundary issue is intertwined with jury-triable damage claims, like trespass, or raised in an ejectment action (a lawsuit to recover possession of real property).

During litigation, the judge has the discretion to appoint a competent surveyor to fix the disputed line. The surveyor’s map is considered prima facie correct, and the judge can apportion the costs of this survey between you and your neighbor. Under the “American Rule,” you will generally be responsible for your own attorney’s fees unless specifically authorized otherwise.

You do not necessarily have to go to court to fix a boundary issue. Adjoining landowners have the right to legally alter or establish their boundary line by mutual agreement. To be legally binding and satisfy the statute of frauds, this agreement must be memorialized in writing, signed, and properly witnessed or acknowledged (such as through a quitclaim deed).

If you are dealing with boundary line disputes in Alabama, getting professional legal guidance is crucial. A quiet title action, an ejectment suit, or an injunction requires experienced legal counsel to ensure your most valuable asset remains protected. Contact our office today to discuss the specifics of your property dispute.

Disclaimer: This post is for informational purposes only and does not constitute legal advice. Each case is fact-specific. If you are wanting to analyze your case, please contact our office to discuss your specific situation.

Situations Requiring a Clear Title

Actions to quiet title are utilized to fix and determine the status of title to land where doubt exists. You may need to clear a title when:

• Title has been acquired by adverse possession or prescription, which is not legally marketable until judicial action establishes it.
• Someone else claims to own the property, a part of it, or holds a lien or encumbrance on it.
• There are disputes involving missing heirs or unrecorded conveyances.
• There are ambiguities in public records.
• Municipalities or the Alabama Land Bank Authority need to clear titles on tax-delinquent or blighted properties.

This action applies to both surface estates and severed mineral interests. A remainderman or reversioner can also use it to declare an interest pending a life estate.

Title Insurance Does Not Automatically Clear Title

Title insurance protects an owner or lender against loss due to title defects or adverse claims. However, an “insurable” title is not always legally “marketable.” Title insurers generally limit searches to public probate records and have no common law duty to search circuit court records for pending litigation unless specified. Therefore, clearing title in Alabama through a quiet title action is often necessary to cure actual defects, even if you hold a title insurance policy.

Who to Name in a Suit to Clear Title

There are two primary statutory methods for clearing title in Alabama:

1. In Personam Action (Ala. Code § 6-6-540) This action is directed at specific, known individuals who claim an interest in the property. The plaintiff must prove:

• They are in peaceable possession of the lands (actual or constructive).
• They claim to own the land.
• Their title is denied or disputed by a defendant claiming an interest or encumbrance.
• No other action is pending to enforce or test the validity of the title.

2. In Rem Action / The Grove Act (Ala. Code § 6-6-560) This is an alternative to suing individuals. It is brought against the land itself to clear title against indefinite, unknown, or unnamed persons. The court will appoint a guardian ad litem to represent the interests of unknown parties, infants, or incompetents. The plaintiff must verify the complaint and prove:

• They are in actual, peaceable possession; OR
• No one is in actual possession, but the plaintiff (and predecessors) has held color of title and paid taxes on the land for 10 consecutive years.
• No action is pending to test the title.

Note: If the opposing party is already in actual possession of the property, a quiet title action cannot be used. The proper cause of action is Ejectment.

Bars and Common Defenses

There are strict jurisdictional prerequisites for these cases. Common defenses and bars to bringing a quiet title action include:

• Lack of Peaceable Possession: This is a primary bar. If the plaintiff’s possession is “scrambling” (disputed) or if the defendant is in actual possession of the property, the case will fail.
• Pending Litigation: The action must be dismissed if another suit is already pending to test the title.
• Rule of Repose: A 20-year rule of repose acts as an absolute bar to stale claims.
• Res Judicata: A prior adjudication that involved a determination of title (such as a dispute over timber proceeds) bars a subsequent quiet title claim.
• Failure of Notice: Defective service by publication or failure to join indispensable parties (such as mortgagees) will defeat the action.

Procedure and Timelines

Jurisdiction and Rules – Actions to quiet title must be brought in the circuit court for the county in which the property is situated. Pleadings are generally governed by the Alabama Rules of Civil Procedure (Ala. R. Civ. P. 81(a)), alongside specific statutory requirements.

Timelines – There is no statute of limitations to bring a quiet title action, though underlying claims may be governed by the 10-year period for adverse possession or the 20-year rule of repose. Procedurally, notice of the action must be published once a week for four consecutive weeks for unknown defendants. Defendants then have 30 days after service to answer the complaint.

Ways to Avoid Trial

Not every case goes to trial. Default judgments can be entered if a defendant fails to answer, though in rem actions still require the plaintiff to prove their title by legal evidence. Summary judgment is possible if facts are uncontested, but appellate courts scrutinize these heavily due to the factual nature of “peaceable possession.” If a case proceeds, parties may demand a jury trial in an in personam action.

Quiet Title vs. Boundary Disputes

Clearing title in Alabama resolves adverse claims on the entire property. In contrast, boundary disputes specifically address the dividing line between coterminous (adjoining) landowners. Boundary disputes are a unique exception to standard adverse possession rules; a landowner only needs to show 10 years of open, notorious, hostile, continuous, and exclusive possession up to a claimed line, without needing to prove color of title or tax payment.

Conclusion

Quiet title actions are highly technical cases. They require strict adherence to jurisdictional prerequisites, mandatory joinder of indispensable parties, specific statutory pleading requirements, and precise publication notices. If you have questions about the status of your property or need to file a quiet title action, consulting with an experienced real estate attorney is highly recommended to ensure all statutory requirements are met. Please call my office to schedule a consultation if you would like to discuss your case.

Please also refer to my Property page if you would like to see other options for protecting your property rights in Alabama.

Disclaimer: This post is for informational purposes only and does not constitute legal advice. Each case is fact-specific. If you are wanting to analyze your case, please contact our office to discuss your specific situation.

In Alabama, there are two primary legal actions used to recover property: Eviction (Unlawful Detainer) and Ejectment. While they may seem similar, using the wrong one can lead to your case being dismissed and unnecessary legal expenses.

Below, I will break down the essential differences between these two claims and how they are handled in our local courts. If you have any more questions or need legal representation, please refer to my Property page or schedule a consultation any time.

The Core Distinction: Relationship vs. Title

The first question to ask is: What is the relationship between the owner and the occupant?

• Unlawful Detainer (Eviction): This is strictly for situations where there was a prior relationship, usually a landlord-tenant agreement. The occupant entered the property legally but refuses to leave after their right to stay has ended. In these cases, the court does not look at who owns the title; it only looks at who has the right to possession.
• Ejectment: This is a “mixed” action used to determine both possession and legal title (ownership). It does not require a prior landlord-tenant relationship. If a stranger moves onto your land or a neighbor disputes a boundary line, Ejectment is the proper remedy.

Where is the Case Filed?

The court that hears your case depends entirely on the type of action filed.

• Unlawful Detainer: These actions fall under the exclusive jurisdiction of the District Court. For properties in the Shoals, this means filing in the Lauderdale or Colbert County District Courts.
• Ejectment: Because these cases involve the “merits of the title,” they must be filed in Circuit Court.

Notice Requirements and Timelines

The Eviction vs. Ejectment distinction in Alabama is most apparent in the strict notice rules required for landlords.

For Unlawful Detainers (Residential): Under the Alabama Uniform Residential Landlord and Tenant Act (URLTA), you must provide specific notice before filing:

• 7 Business Days: For non-payment of rent or material breach of the lease.
• 30 Days: To terminate a month-to-month tenancy.

For Ejectment: Generally, no formal notice is required before filing an Ejectment suit against a wrongful possessor. However, there is a “Foreclosure Exception”: if you purchased a property at foreclosure and wish to cut off the previous owner’s right of redemption, a specific 10-day written demand for possession is required.

Evidence and Burden of Proof

As with any legal case, you must ensure that the correct evidence is prepared for your specific claim:

• In an Eviction: We focus on the lease agreement, proof of the default (like a rent ledger), and evidence that the proper termination notice was served.
• In an Ejectment: The burden of proof is higher. You must “recover on the strength of your own title.” This requires showing a clear chain of title (deeds or wills) proving you are the legal owner.

Damages: What Can You Recover?

Both actions allow you to recover more than just the keys to the property.

• Eviction Recovery: Unpaid rent and actual damages. If the tenant’s holdover is “willful,” you may be entitled to three months’ rent or double damages, plus attorney’s fees.
• Ejectment Recovery: You can seek “mesne profits” (the fair rental value of the land during the time it was occupied) and damages for “waste” (injury to the land or buildings).

Strategic Advice for Florence and Muscle Shoals Property Owners

Choosing between Eviction vs. Ejectment in Alabama requires a clear understanding of your goals. If there is any doubt about the validity of a deed or a boundary line, I generally recommend Ejectment in Circuit Court to clear the title once and for all.

Furthermore, if you are dealing with “squatters” who have no legal claim to the property whatsoever, a new 2024 Alabama law may allow for a faster removal via law enforcement affidavit, bypassing the traditional court process entirely.

If you are struggling to regain control of your property in Lauderdale or Colbert County, do not guess which legal forms to file. A mistake in the notice period or the choice of court can reset your timeline by months. I encourage you to schedule a consultation with me to discuss your options.

Disclaimer: This post is for informational purposes only and does not constitute legal advice. Each case is fact-specific. If you are wanting to analyze your case, please contact our office to discuss your specific situation.

As an Alabama real estate litigation attorney, I often help clients navigate these complex property rights. Below is a comprehensive overview of how easements work in our state, how they are created, and how they can be terminated.

What Exactly is an Easement?

In Alabama, an easement is defined as an incorporeal property right. Simply put, it is a non-possessory interest that gives someone the right to use another person’s land for a specific purpose. The landowner keeps the possessory interest in the land, subject to the use of the easement holder.

Crucially, an easement does not grant the right to participate in profits from the land (like mining or timber). It is strictly a right of use. Because easements are considered interests in land, they are subject to the same legal formalities as other real estate transactions, including the Statute of Frauds.

The Two Main Types of Easements

Alabama law generally classifies easements into two categories:

1. Easements Appurtenant This type of easement is “attached” to the land itself. It involves two distinct tracts:

• The Dominant Tenement: The land that benefits from the easement.
• The Servient Tenement: The land that bears the burden. Easements appurtenant “run with the land,” meaning they automatically pass to the next owner when the property is sold, even if the deed doesn’t explicitly mention them.

2. Easements In Gross These are personal rights belonging to an individual or entity, rather than being attached to a specific piece of land. Common examples include commercial easements for public utilities (electric, internet, or telephone lines). These do not have a dominant tenement and are generally transferable.

How Are Easements Created in Alabama?

Easements are not always written neatly in a deed. In Alabama, they can be created through several methods:

• Express Grant: The most common method, created through a written deed or will.
• Reservation: A seller conveys a piece of land but “reserves” an easement for themselves in the deed.
• By Necessity: This arises when a landlocked parcel was once part of a larger tract. The law recognizes that a landowner needs access to a public road.
• By Prescription: This is similar to “squatter’s rights.” If someone uses your land for 20 years or more, and that use is actual, exclusive, open, notorious, hostile, and continuous, they may gain a permanent easement.
• By Implication: If a property is divided, and a specific use was visible and necessary at the time of division, an easement may be implied by law.
• By Estoppel: If a landowner allows another party to spend significant money relying on the promise of an easement, the court may prevent the landowner from denying it later.
• Reference to Maps/Plats: If a developer records a subdivision plat showing streets, this constitutes a dedication of those areas to the public.

Rights and Responsibilities: Who Maintains the Easement?

Disputes often arise over who is responsible for the easement area.

• The Holder (Dominant Estate): Has the right to use the easement for its intended purpose but cannot “overburden” it by expanding that use. Generally, the holder is responsible for maintenance and repair costs.
• The Landowner (Servient Estate): You retain ownership of the land and can use it in any way that doesn’t unreasonably interfere with the easement. You generally have a duty not to obstruct the easement.

Can you put up a gate? Maybe. Alabama courts have held that landowners may install gates if they are considered a “reasonable and necessary burden” under the circumstances, but this is often a fact-specific legal battle.

Buying Property: The Importance of “Notice”

Alabama is a “notice” state. This means a purchaser is generally protected from unrecorded easements if they bought the property without notice. However, notice comes in two forms:

1. Constructive Notice: What is listed in the public records (chain of title).
2. Actual/Nonrecord Notice: What you should have seen during a physical inspection.

Red Flags: When buying land, look for tire tracks, worn paths, or utility markers. These visible signs can serve as notice of a prescriptive easement, even if nothing is written in the deed.

How to Terminate an Easement

Easements are not always forever. Under Alabama easement law, they can be extinguished through:

• Merger: If the same person buys both the dominant and servient land, the easement disappears.
• Abandonment: This requires more than just not using the road. There must be a clear intent to abandon the right.
• Cessation of Necessity: If an easement by necessity (for a landlocked property) is no longer needed because a new road was built, the easement ends.
• Adverse Possession: The landowner can “take back” the easement by blocking it adversely for the statutory period (typically 10-20 years).

Legal Remedies for Disputes

If an easement is blocked or misused, the courts can intervene.

• Injunctions: A Circuit Court can order a party to remove an obstruction (like a fence or shed).
• Damages: You can recover money for the loss of use or diminution in property value.

A Note on Litigation: Alabama applies the Ore Tenus rule. This means if a dispute goes to trial and the judge views the property and hears live testimony, their findings are presumed correct on appeal. This makes having experienced counsel during the initial trial phase absolutely vital.

Conclusion

Whether you are dealing with a “danger tree” cut by a power company or a neighbor claiming a right-of-way across your pasture, easement issues involve complex factual and legal assessments.

If you have questions about an easement on your property or need to draft an agreement to protect your rights, please contact our office today to schedule a consultation.

Disclaimer: This blog post provides general information regarding Alabama law and does not constitute legal advice. The standards for easements are fact-specific. Please consult with an attorney regarding your specific legal situation.

When disputes arise regarding the management, use, or sale of the property, the specific type of co-ownership dictates the available legal remedies. The following overview outlines the statutory and common law framework governing co-ownership in Alabama.

I. Types of Co-Ownership

Alabama law recognizes two primary forms of concurrent ownership: Tenancy in Common and Joint Tenancy. The distinction largely centers on the right of survivorship—what happens to an owner’s interest upon their death.

Tenancy in Common A tenancy in common is the default form of co-ownership in Alabama. It is characterized by the following:

• No Right of Survivorship: Upon the death of a co-tenant, their interest passes to their heirs or devisees under their will, not to the remaining co-owners.
• Undivided Interest: Each owner holds a fractional share of the property, but all owners have the right to possess the entire estate.
• Alienability: A co-tenant may freely transfer, sell, or mortgage their specific fractional interest without the consent of the other owners.

Joint Tenancy (With Right of Survivorship) The distinguishing feature of a joint tenancy is the right of survivorship. When a joint tenant dies, their interest is extinguished, and the remaining tenants own the property in equal shares.

• Creation: Because Alabama law presumes a tenancy in common, a deed must explicitly state the intent to create a joint tenancy, typically using language such as “as joint tenants with right of survivorship.”
• The “Bernhard Window”: It is critical to review the date of the deed. Conveyances executed between July 15, 1965, and November 9, 1972, created a specific type of indestructible joint tenancy. Property held under these specific deeds often cannot be partitioned or sold without the mutual consent of all parties. Deeds created outside this window are generally subject to partition.

II. Rights and Duties of Co-Owners

Regardless of whether the property is held as a tenancy in common or a joint tenancy, the co-owners share certain rights and responsibilities regarding the maintenance and use of the land.

• Possession and Leasing: Every co-owner has the right to occupy the entire property. One owner cannot exclude another. A co-owner may lease their undivided interest to a third party; however, if they collect rent, they may be compelled to account for those profits and share them with the other co-owners.
• Improvements: Generally, a co-owner cannot unilaterally improve the property and demand immediate reimbursement from other owners. However, if the property is later partitioned or sold, the improving owner may be entitled to credit for the increase in value resulting from those improvements.
• Taxes and Encumbrances: Payments made to preserve the property, such as property taxes or mortgage payments, are considered beneficial to all. A co-owner who pays these expenses is generally entitled to contribution from the others and may secure this right through an equitable lien.

III. Termination of Co-Ownership: Partition

When co-owners can no longer agree on the disposition of the property, the relationship is typically terminated through a legal process known as partition. Circuit courts in Alabama have broad jurisdiction to settle these matters.

Partition in Kind vs. Sale for Division

• Partition in Kind: This is the physical division of the land into distinct parcels. The law favors this method when the land can be divided equitably.
• Sale for Division: If the property cannot be equitably divided (for example, a single-family residence or a small commercial lot), the court may order a public sale of the property and divide the proceeds among the owners. The party seeking the sale bears the burden of proving that physical division is not feasible.

IV. Heirs Property and Statutory Buyouts

Alabama has adopted specific statutes to address “Heirs Property”—property passed down through generations where ownership is fractured among family members.

The Uniform Partition of Heirs Property Act (AUHPA) Appling to actions filed after January 1, 2015, the AUHPA provides additional due process protections. It requires independent valuation of the property and prioritizes partition in kind to prevent the loss of family wealth.

The Statutory Right to Purchase Alabama law (Ala. Code § 35-6-100) provides a mechanism to prevent a forced public sale. If a co-owner files a lawsuit for a sale for division, the other defendants generally have a statutory right to purchase the plaintiff’s interest.

• Procedure: A notice of intent to purchase must be filed with the court at least 10 days prior to trial.
• Valuation: If the parties cannot agree on a price, the court will appoint appraisers to determine the value of the interest.

V. Adverse Possession Against Co-Owners

It is legally difficult for one co-owner to claim full ownership of a property through adverse possession against another co-owner. Because all cotenants have a right to possession, a co-owner living on the property is presumed to be doing so with permission.

To succeed in an adverse possession claim, the possessing owner must prove “ouster.” This requires a clear, unequivocal denial of the other owners’ rights. The burden of proof to establish ouster is significant under Alabama case law.

Conclusion

The rights associated with co-ownership are governed by a complex mix of statutes and common law precedents. Whether you are seeking to enforce your rights to a property, negotiate a buyout, or proceed with a partition action, it is advisable to seek legal counsel to navigate these proceedings.

If you have any questions about this article or your own situation, please give me a call or schedule a consultation today. 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.

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. Note that this applies to adjacent landowners and not necessarily co-owners of property.

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 in Alabama 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.