Alabama Consent to Variance (By Adjacent Landowner)
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The owner of any land that has been assessed for the cost of the construction of any ditch, drain, watercourse or other improvement as provided in this article shall have the right to use the ditch, drain or watercourse as an outlet for lateral drains from said land; and, if said land is separated from the ditch, drain ...
A dam for any gristmill, sawmill, gin, factory or plant to generate electricity by water power to be operated for the public may be erected across any watercourse, not a navigable stream, by the owner in fee of the land on both sides of the stream, or on one side at the place where the dam is proposed to be erected, by ...
Article 12 - Adverse Possession. Section 6-5-200 - When Title to Land Conferred or Defeated; When Claim May Be Defended or Prosecuted; Construction of Section.
Code Ann. § 6-5-200: Adverse possession with the color of title, based on a law passed by the state legislature. Adverse possession by prescription, based on common law.
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.
Farmers and ranchers should know their rights to use ?waters of the state.? In relation to surface water, Alabama follows the ?riparian? doctrine. Riparian means ?land that touches water.? This doctrine allows a landowner to use any quantity of water from the source if the use is reasonable.
In California, there are five elements of adverse possession that a claimant must prove: (1) possession under the claim of right or color of title, (2) actual, open, and notorious possession that gives reasonable notice to the true owner, (3) possession that is hostile to the true owner, (4) continuous possession for ...
The Common Enemy Rule provides, in general, that because surface water is a common enemy to each landowner, every person may take whatever action they deem necessary to protect his property from surface water, even if such action damages his neighbor. Mitchell, 376 So.
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.
It holds that since surface water is a "common enemy" to landowners, each landowner has the right to alter the drainage pattern of his land (for example by building dikes or drainage channels) without regard for the effects on neighboring parcels, as long as that water flows to where it otherwise would have naturally ...
