Adverse possession is a legal theory that allows someone in possession of land to acquire ownership of that land if they satisfy certain statutory requirements. The circuit courts judgment shall specify all of the following: a. So how does adverse possession work in the Yellowhammer State, and how what do you need to know about protecting your property? Order Specials, Start Agreements, Letter All rights reserved. ( AL Code 6-5-200; Bradley v. Demos 599 So.2d 1148 (2017)). 638; Vidmer v. Lloyd, 193 Ala. 386, 69 So. Even if you legally own property, someone else can take possession of it and eventually legally own it. Estate, Public The Average Cost Of A Quiet Title Action Lawsuit. In most states, the following elements (or some variation) are required to establish adverse possession: The above summary is a very simplified version of the requirements for adverse possession. The definition of Adverse Possession without Color of Title is taken from Florida Statute 95.18. Stay up-to-date with how the law affects your life. Amendments, Corporate This allows them to flush out problems before more money is spent. (g) In the event the sheriff is unable to perfect service or certified mail attempts are returned unclaimed, the authority shall conduct a search for the person with an interest in the property conveyed to the authority. Okas in the Circuit Court for Montgomery County to quiet title to land that they claimed to have acquired through adverse possession. In some cases, the trespassers will give up their claims once they realize you have actually taken legal action. Us, Delete Forms, Real Estate There are actually two types of adverse possession in Alabama: adverse possession by prescription, based on common law (state court decisions made over many decades) and adverse possession with color of title, based on law passed by the state legislature, namely Ala. Code Ann. 423 So. A quiet title order is particularly helpful if you are intending to sell your property, and will need to reassure potential buyers about its boundaries and rightful ownership. Although the trial court did not rule on either of Edwards's motions for a summary judgment, following an ore tenus hearing held on October 1, 2001, the trial court, on January 11, 2002, entered an order dismissing the children's complaint on the same grounds asserted by Edwards in his supplemental motion: Thus, as Edwards himself states in his brief to this court, "[t]he trial court never addressed the issue of adverse possession and instead ruled for [Edwards] based on [the] statute [of] limitations."[3]. On remand, the trial court should make findings as to whether the nature and quality of possession required for a showing of adverse possessioni.e., actual, exclusive, open, notorious, hostile, and continuous possession were proven for the requisite period. Where there are unknown possible claimants, the court will appoint a guardian ad litem to represent their interests. Title companies will be able to consider buyers who accepted and recorded quitclaims as bona fide purchasers after four years. Adverse possession laws in Alabama are highlighted in the table below. This field is for validation purposes and should be left unchanged. BLOG The quiet title action is a legal remedy to resolve property disputes involving competing claims or challenges to its title. Adverse Possession by Prescription in Alabama In Alabama, a lawsuit may be brought to the court, only if the court that has jurisdiction over that land, by one party in order to solve real property disputes. Specifically. 3 PRAVER FOR RELIEF 4 |WHEREFORE, Plaintiff demands judgment against Defendants as follows: 5 1. Transamerica Commercial Fin. In short, the lawsuit requests that the court . To make sure that your land remains yours, it's worth familiarizing yourself with Alabama's rules on adverse possession. A-Z, Form The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. A trespasser who believes that they meet all the legal requirements for adverse possession may decide to file a quiet title action to obtain legal title to the property that they can record and sell. Understanding this process is crucial for real estate professionals, as it can be an incredibly effective way of establishing true ownership. See also Barrentine v. Parker, 236 Ala. 188, 181 So. If that doesn't work, however, you may need to consult a lawyer and bring an action to quiet title . Maybe youve heard about someone who had a large piece of land out in the country, only to lose some of it to trespassers. Agreements, Sale Records, Annual Defendant __________ [name] is, and at all times mentioned in this complaint was, a resident of __________ Or, someone might claim ownership based on a will or inheritance. In a simple action to quiet title when the possession of the property is not at issue, it is an equitable action. Time for Landowner to Challenge/Effect of Landowner's Disability. adverse possession must prove each of the following elements . MGL c.7C, 32 No right by adverse possession to land held by commonwealth. Change, Waiver When the judge enters an order on the complaint, the title of the property is quieted in the person who won the lawsuit. In Alabama, a tenant can make an adverse possession claim if they have occupied the land or building for 20 continuous years. & Resolutions, Corporate SOCIAL SECURITY DISABILITY, ABOUT OUR FIRM First, tax sale purchasers should know about their burden of proof. Corporations, 50% Adverse possessiona legal concept dating back to the Middle Agescould pose a threat to your Alabama land. for Deed, Promissory (o) Notwithstanding the requirements for adverse possession under Section 40-10-82, or any other law, the authority may initiate a quiet title action under this section at any time after acquiring an interest in the property which is subject to the action. (5) An explanation of any rights of redemption and notice that the judgment of the court may extinguish any ownership interest in or right to redeem the property. If the persons entitled to service are located outside the county, they may be served by certified mail. Hire an Alabama Lawyer to Protect Your Right to Land The other party can still prevail in a quiet title action. In others, they will hire their own real estate attorney and ramp up their efforts to take ownership of the property. seq. The trial court, after an ore tenus proceeding, entered a judgment determining that the . Adverse Possession without Color of Title: The adverse possession claimant has no claim to title and must have paid property taxes on the land claimed to be adversely possessed. The success of the quiet title lawsuit depends on whether each and every element of adverse possession can be firmly established in court. 2d 375, 378 (Ala.1992). Contractors, Confidentiality Service, Contact We therefore reverse the trial court's judgment. In a post tax sale lawsuit, the burden is on the Plaintiff (meaning the tax purchaser) to show that all appropriate steps have been followed leading up to the sale. The court, on the request of a party or as needed to allow completion of service of process on all interested persons, and to allow those persons 30 days after service of process to file an answer or other responsive pleadings to the petition, may extend the 90-day period for good cause shown. The judges decision will quiet the title to the land and resolve disputes between the parties. Adverse possession can be: a defense raised when a property owner brings a lawsuit against a trespasser the basis of a quiet title action filed to secure title to property the possessor occupies an incentive to encourage productive use of property All of the above How to Apply for Social Security Disability, Real Estate Closing Costs and Fees Explained, How to Apply for Social Security Disability benefits in Alabama . I am not convinced that a judgment in favor of Edwards would necessarily be erroneous in light of the record in this case. However, a quiet title action can be complicated and time-consuming. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. COMPLAINT TO QUIET TITLE (Adverse Possession) Plaintiff complains and for causes of action alleges as follows: 1. You already receive all suggested Justia Opinion Summary Newsletters. 9 Morris v. Card, 135 So. There must be exclusive and continuous possession: the trespasser cannot share possession with others, and must be in possession of the land for an uninterrupted period of time. Nor does the 20-year limitations period expressed in 6-2-8 set up any bar to actions for the recovery of land distinct from the well-established elements of adverse possession by prescription. In some states, the information on this website may be considered a lawyer referral service. 2d 16 (Ala. 1979), our Supreme Court once again explained that the 10-year statute of limitations in 6-2-33(2) does not run without the factual elements of adverse possession being in existence: 372 So. [5] Presumably because of the principle recognized in Scroggins v. Reneau, 277 Ala. 243, 168 So. 10 40-10-13. Will, Advanced Agreements, Corporate You can explore additional available newsletters here. Agreements, Bill If the 20-year prescriptive period referenced in 6-2-8 is to be applied in the manner in which it was applied by the trial court in this casewithout any finding as to whether the qualitative elements of possession necessary to constitute "adverse possession" (i.e., actual, exclusive, open, notorious, hostile, and continuous possession) have been proventhis effectively will excise those elements from our well-established caselaw regarding adverse possession by prescription. "Adverse possession under a claim of right is not founded on a written instrument . The Okas present two questions on appeal,2 which we have reworded: I. To understand the role of adverse possession within a quiet title lawsuit, you must first understand the meaning of the terms quiet title and adverse possession. Directive, Power In the event the trial court finds on remand that Edwards did, in fact, adversely possess the property for at least 10 years, but less than the prescriptive period of 20 years, the provisions of 6-5-200(a) would then become relevant. This type of lawsuit is filed when there are two or more parties that claim to own a particular parcel of land. Miller v. It helps to clarify ownership. | Last updated June 20, 2016. Under the rubric described above, Ben can probably establish that he "owns" the land on which he was encroaching. Center, Small For example, this can take the form of an improper deed, improper lien or an adverse possession claim. Unfortunately, there are instances when a prior transfer of title was not done properly, and this can complicate your claim of ownership by creating a title defect. YATES, P.J., and CRAWLEY, THOMPSON, and PITTMAN, JJ., concur in the result. 340, 343 (Ala. 1931); O'Barr v. Oberlander, 679 So.2d 261 (Ala. Civ. 2d 801, 806 (Ala.2002) (quoting Alabama Highway Dep't v. Stuckey's/DQ of Grand Bay, Inc., 613 So. My Account, Forms in Business. As in most states, adverse possession by "prescription" in Alabama is established from the nature of a trespasser's possession and the length of time the person possesses the land. (m) The authority or a person claiming to have an interest in property under this section may within 42 days following the effective date of the judgment under subsection (k) appeal the circuit courts judgment quieting title to the property to the court of appeals. In order to have a legitimate adverse possession claim, a trespasser must also prove four additional elements: Real estate laws can be confusing, especially where concepts like adverse possession are involved. 2d 779, 786 (1949) (recognizing that the 10-year limitations period prescribed in Title 7, 20, Ala.Code 1940, the predecessor of 6-2-33(2), Ala.Code 1975, did not come into operation until adverse possession was shown).