Alabama Access Control Easement
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FAQ
Alabama Adverse Possession Laws The truth is that Alabama has some of the most stringent rules concerning adverse possession. There are five adverse possession requirements that must be met before a squatter may claim the right to property in the state.
A preservation easement is a legal document that regulates the uses of, or changes to, a property. Once a landmark property is placed under preservation easement, the easement "runs with the land" in perpetuity. Present and future owners must abide by its terms. Each easement is tailored to the particular situation.
The state of Alabama has a law that says you can't ?land lock? your neighbor.
Ownership and Responsibility: The owner of the easement is responsible for its maintenance, not the owner of the land over which the easement runs (known as the servient tenement).
When buying a landlocked lot or parcel, there is not automatic legal right to access to that land across a neighbor's property. Instead, you need to work out a written and recorded easement for permanent access to your property over a neighbor's land.
An easement provides the grantee with the right to use the non-owning property in a certain way. The grantee does not legally own or possess the property, they can only use the property for whatever specific purpose is described in the agreement.
U.S. laws do not always make sense and nor are they always fair. Case in point: prescriptive easements. Easement by prescription, or adverse possession, refers to the legal concept that allows one to obtain ownership of a property despite the fact that another person or entity may already own it.
