Adverse Possession In Alabama
Description
How to fill out Alabama Affidavit For Quiet Title?
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FAQ
To establish adverse possession in Alabama, a claimant must meet several requirements. First, the possession must be actual, meaning the claimant physically occupies the land. Second, the possession must be open and notorious, so the owner and the public are aware of the occupancy. Third, the possession must be hostile, meaning without the permission of the true owner. Fourth, the possession must be exclusive, and lastly, it must be continuous for a specific statutory period.
Adverse Possession in Alabama Alabama generally requires that someone possess a piece of property for 20 consecutive years before they become owners, but there are exceptions. If the other party falls under one of these exceptions the time period may be reduced to 10 years.
What are the elements of adverse possession? actual entry, exclusive possession, open and notorious, hostile and adverse, continuous and interrupted. What does actual entry mean? actually entering the land is required because it triggers the running of the statute of limitations.
Acting quickly is the best way to fight an adverse possession claim. Negotiate permission in writing: You may be willing to allow the use of the property. If so, having a written document helps prove you allowed specific use and could help fight an adverse possession claim.
All states require at least three years to establish a claim for adverse possession; some require up to 30 years.
Regular property inspections can alert the true owner to any unauthorized use and are always beneficial to ensure your property is unoccupied. Leasing the property can also effectively thwart any claims of adverse possession since it delineates a legal agreement between the owner and occupant.
