Alabama Statewide Rule
Alabama Adverse Possession: 10 Years by Deed/Tax, 20 Years by Prescription
Key Facts
- Statutory period (§ 6-5-200)
- 10 years with color of title, tax listing, or devise
- Prescriptive period
- 20 years (common law, OCEAN elements)
- Tax payment
- Required only for 10-year statutory path
- Trespasser/squatter
- No rights; removed by court action
Summary
Alabama recognizes two adverse-possession paths: 20 years of open, continuous possession by prescription, or 10 years under Ala. Code § 6-5-200 with color of title recorded, annual tax listing, or title by descent/devise. A mere trespasser holds no rights and can be removed through ordinary eviction or ejectment.
Section 6-5-200. When Title to Land Conferred or Defeated; When Claim May Be Defended or Prosecuted; Construction of Section. (a) Adverse possession cannot confer or defeat title to land unless: (1) The party setting it up shall show that a deed or other color of title purporting to convey title to him has been duly recorded in the office of the judge of probate of the county in which the land lies for 10 years before the commencement of the action; (2) He and those through whom he claims shall have annually listed the land for taxation in the proper county for 10 years prior to the commencement of the action if the land is subject to taxation; or (3) He derives title by descent cast or devise from a predecessor in the title who was in possession of the land.
Full Breakdown
Alabama law splits adverse possession in two. Common-law prescription requires possession that is actual, exclusive, open, notorious, hostile, and continuous for 20 years. The statutory short path, Ala. Code § 6-5-200, cuts the period to 10 years but adds conditions: the claimant must show "a deed or other color of title purporting to convey title... duly recorded... for 10 years," or have "annually listed the land for taxation in the proper county for 10 years," or derive title "by descent cast or devise from a predecessor... in possession." A squatter without any of these has no claim. Owners remove squatters and holdover trespassers through unlawful-detainer or ejectment actions; self-help removal is not permitted.
Violations & Penalties
A squatter with no valid adverse-possession claim is removed by court order through unlawful detainer or ejectment. Criminal trespass under Ala. Code § 13A-7-2/13A-7-4 may also apply; owners may not use self-help to evict.
Frequently Asked Questions
How long before a squatter can claim land in Alabama?
Does paying property taxes help a squatter in Alabama?
How do you remove a squatter in Alabama?
Sources
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