Real Estate Litigation & Property Dispute Attorney in the Shoals

Protecting Your Land and Your Rights in the Shoals

Your property is likely one of your most valuable assets. Whether you are a homeowner dealing with a misplaced fence, a farmer protecting acreage, or an investor trying to clear a title for sale, real estate disputes can be stressful and financially damaging.

In Alabama, property law involves more than just reading a deed. It requires an understanding of history, surveys, and complex court procedures.

I am William H. Burress. As a property dispute lawyer located in the Shoals, I represent clients in Florence, Muscle Shoals, and throughout Lauderdale and Colbert Counties in litigation regarding land ownership. My goal is simple: to establish clear boundaries, secure your access rights, and ensure your title is marketable.

Boundary Line Disputes

Fences and property lines are the most common source of conflict between neighbors. Often, the “deed line” described in your paperwork does not match the “possession line” (where the fence actually sits). In Alabama, if a fence has stood for more than 10 years, the legal boundary may have shifted under the law of adverse possession.

I help property owners resolve these disputes efficiently. Whether you are dealing with a neighbor building over the line, a surveyor’s error, or an encroachment on your land, I can help you determine the true legal boundary.

I handle cases involving:

• Adverse Possession Claims: Defending against or establishing a claim for ownership based on long-term use (the “10-year rule”).
• Fence Line Disputes: Resolving conflicts where fences, hedges, or walls encroach on your land.
• Timber & Tree Cutting: Litigation regarding timber trespass, damage to trees near the property line, or overhanging branches.
• Water Runoff & Drainage: Representing landowners when a neighbor’s construction or landscaping causes flooding or erosion on your property.
• Ejectment Actions: Filing the necessary court actions to remove structures or individuals wrongfully occupying your land.
• Judicial Landmarks: Petitioning the court to appoint a surveyor and place permanent markers to settle a line once and for all.

Quiet Title Actions

Sometimes, you own the land, but the paperwork doesn’t match the reality. A “Quiet Title” action is a lawsuit filed to fix defects in the chain of title so that you have 100% clear ownership. This is often required before you can sell a property or purchase title insurance.

I handle the detailed legal work required to “quiet” these claims and give you peace of mind.

Common scenarios I resolve:

• Heir Property Issues: Consolidating fractionalized ownership when land has passed through generations without a will.
• Tax Sale Redemptions: Litigating the rights of original owners vs. tax deed purchasers, including judicial redemption and the three-year statute of limitations.
• Mineral Rights: Clearing title to severed mineral interests, oil, gas, or timber rights that have not been assessed or used.
• Cloud on Title: Removing old, unreleased mortgages, liens, or judgments that are improperly attached to the property.
• Wild Deeds & Recording Errors: Fixing breaks in the chain of title caused by forged deeds, survey errors, or mistakes in the Probate records.

Easements & Access Rights

Access is everything. If you cannot get to your property from a public road, or if someone is blocking your right-of-way, your property loses value.

I represent both “landlocked” owners who need access and property owners who are being burdened by unauthorized use of their land.

My practice includes:

• Prescriptive Easements: Establishing a legal right to use a road based on 20 years of open, continuous use.
• Private Condemnation: Assisting owners of landlocked property in securing necessary access to a public road through statutory condemnation.
• Shared Driveway Disputes: Enforcing or dissolving maintenance agreements and access rights for shared lanes.
• Utility & Pipeline Easements: Litigating the scope of easements held by utility companies or municipalities.
• Gate & Obstruction Issues: Taking legal action when a neighbor wrongfully erects a gate, fence, or barrier across a deeded right-of-way.

How I Handle Property Cases

Real estate litigation is fact-intensive. You need an attorney who is willing to dig into the history of the land.

When you hire me, I take a strategic approach:

1. Deep Research: I don’t just look at the current deed. I examine the chain of title, often going back decades, to find the origin of the dispute.
2. Surveyor Collaboration: I work closely with reputable local surveyors to interpret the physical evidence on the ground, ensuring we have the technical proof needed to win.
3. Site Visits: Property disputes are visual. I often request the judge view the property in person because seeing the land firsthand is often the most powerful evidence in a case. Further, an in-person inspection by the judge often locks in their findings in appeals.

If you are facing a boundary dispute or title issue, do not let the problem develop further. Contact my office to schedule a consultation with a property dispute lawyer in the Shoals. We will review your deeds and surveys, and I will give you a clear assessment of your options.