Dating ages and laws in albama
In other words, title to public lands generally can’t be acquired by adverse possession as against the state of Alabama.
Therefore, if you live next to an empty field in Birmingham, you won’t be able to expand your backyard merely by mowing the lawn and waiting 10 years.
The legal holder of title has the presumption of ownership until the adverse possessor can meet that burden.
In other words, it is entirely the trespasser’s job to prove that the judge should give him or her ownership over the land.
Rather, the courts have established a variety of such factors, over many decades. Imagine that Ben and Mary live next to one another in Daphne. Under the rubric described above, Ben can probably establish that he “owns” the land on which he was encroaching.
As in most states, adverse possession in Alabama is established from the nature of a trespasser’s possession and the length of time the person possesses the land. There is no dividing fence or boundary between their yards. Mary could have stopped Ben by asking, over those ten years, that he remove his shed, or insist that he sign a rental agreement.
There may also be times when you yourself need to assert an adverse possession claim, over land that you feel you’ve developed a right to use and want to continue using.
Adverse possession is a legal concept that allows a trespasser—sometimes a stranger, but more often a neighbor—to gain legal title over the land of the property owner. Archaic though its roots might be, the law’s continued utility is to achieve a fair result when one owner has neglected or forgotten about a piece of land while another has been using or caring for it for so long that to make the trespasser leave would actually create hardship.
Chances are, it’s an innocent mistake on the person's part.
In our example above, it doesn’t matter whether Ben built the shed that he was on Mary’s land, or whether he built it mistakenly thinking it was on his own land.
His intent has no bearing on his eventual claim for title under adverse possession.
Adverse possession in Alabama is controlled partly by statute (laws passed by the state legislature), but also by the state courts.
Importantly, the burden of proof to establish a claim of adverse possession is on the trespasser.