quiet title adverse possession alabama

Unfortunately, there are instances when a prior transfer of title was not done properly, and this can complicate your claim of ownership by creating a title defect. A trespasser's possession must be: (See, for example, the court case of Strickland v. Markos, 566 So.2d 229, 235 (Ala. Firms, There must be a hostile claim: the trespasser must either. One of the important things to realize about a quiet title action lawsuit is that it involves establishing an ownership history of the property in order to help determine who the proper owner of the property is now. [1] The father was not survived by a spouse or by any siblings. Liens, Real The Alabama Code states that: The notice shall include the name of the taxpayer whose interest was affected by the tax sale, the name of any other party as revealed by a search and examination of the title to the property who may claim an interest in the property, a legal description of the property, the street address of the property if available, the name, address, and telephone number of the authority, a statement that the property is subject to the quiet title proceedings under Act 2013-249, and a statement that any legal interests in the property may be extinguished by a circuit court order vesting title to the property in the authority.. The Okas present two questions on appeal,2 which we have reworded: I. A quiet title action is a special legal proceeding to determine rightful, legal property ownership. Quiet title proceedings are necessary when there is almost any type of dispute of ownership over a parcel of real estate. COMPLAINT TO QUIET TITLE BY ADVERSE POSSESSION 2 1 9. Tenant, More If the Tax Purchaser has a tax deed and is in adverse possession of the property, then the Owner has only three years to file an action for judicial redemption. c. A letter of inquiry to the person who sold the property to the owner whose interest was sold in the tax sale at the address shown in the transfer tax declaration or in the telephone directory. If the trespasser does not comply, you might be forced to consult a lawyer and bring legal action; most likely an action to "quiet title." Minutes, Corporate If you need to file an action to quiet title and have never done so before, it is highly recommended to have a licensed and experienced attorney walk you through the process. In light of the foregoing, we agree with the children's argument that the trial court erred in dismissing the children's complaint based merely upon the bare application of the 10-year and 20-year limitations periods prescribed in 6-2-33 and 6-2-8. The operative word is "adverse," since the possession of land must infringe on the rights of the legal owners. There must be actual possession: the trespasser must be physically present on the land, treating it as his or her own; There must be open and notorious possession: the act of trespassing cannot be secret; and. March 2018, and an amended complaint in January 2019, to quiet title by adverse possession of a 0.75 acre tract from the Martins. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow Center, Small (e) The authority shall serve all persons having record title or interest in or lien upon the property with a notice of the hearing on the petition to quiet title. 5. Under the ore tenus standard, the trial court's judgment and all implicit findings necessary to support its judgment carry a presumption of correctness, and the trial court's judgment will not be reversed unless found to be plainly and palpably wrong. "Adverse possession under a claim of right is not founded on a written instrument . This case involves an action to quiet title to real property filed by Angela Bohanon, *310 James Chapman, and Debra Poole (hereinafter referred to collectively as "the children") against Bobby Edwards. Alabama generally requires that someone possess a piece of property for 20 consecutive years before they become owners, but there are exceptions. (Sometimes attorneys fees can be recovered from the seller of a property who gave title by warranty deed.). an interest in real property adverse to the person in possession claiming the right thereto, the state or such agency or such political subdivision may be made a party . In Alabama, a lawsuit may be brought to the court, only if the court that has jurisdiction over that land, by one party in order to solve real property disputes. William Robinson ("the father") died intestate on May 2, 1979; he was survived by three minor children, Angela, James, and Debra, who were 18, 10, and 5 years of age, respectively. If the other party is able to convince the court that they are the real owners, you may lose the disputed property. Name Change, Buy/Sell The proper recording of the documents at the register of deeds provides evidence and notice of ownership. See also Ellis v. Stickney, 253 Ala. 86, 94-95, 42 So. The children appeal from a judgment of the Tallapoosa Circuit Court in favor of Edwards. Trespassers are allowed to gain legal title to property by openly inhabiting and improving the property for a determined amount of time while meeting some other specific conditions. 2d 1320 (Ala.1993). Quiet Title and Adverse Possession (Explained by a Real Estate Attorney), The Quiet Title Process (Explained by a Real Estate Attorney). You can contact an Alabama real estate attorney if you would like legal assistance with a real estate case or adverse possession matter, or if you want to understand your rights and responsibilities as a landowner. Although two of the children were not of the age of majority (19 years) at the time of William Robinson's death, which afforded them an additional three years from their having reached the age of 19 years to commence an action to recover lands ( 6-2-8(a), Ala. Code 1975), the youngest of the children attained the age of majority in February 1993. Templates, Name Moreover, "[a] ruling of a trial court, right for any reason supported by the record, should be affirmed on appellate review." You likely have two or three neighbors whose property borders yours. As our Supreme Court explained in Scroggins v. Reneau, 277 Ala. 243, 246, 168 So. Cassels v. Pal, 791 So. Institute an action for ejection or quiet title ii. This is a lawsuit filed in a circuit court in the county in which the property is located. Bradley v. Demos 599 So.2d 1148 and Color of Title: 10 yrs. Carroll v. McL.aren, ( 1911) 60 Or 233, 118 P 1034. (o) Notwithstanding the requirements for adverse possession under Section 40-10-82, or any other law, the authority may initiate a quiet title action under this section at any time after acquiring an interest in the property which is subject to the action. of Directors, Bylaws This allows them to flush out problems before more money is spent. 3305. 2023 Hodges Trial Lawyers, P.C.- All Rights Reserved. The list of properties shall include a legal description of, a tax parcel identification number for, and the street address of each parcel or property. Adverse possession is one possible theory of ownership that might be asserted within a quiet title action. A piece of land with clouded title is one that has an adverse possession, ownership, or encroachment disputes. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. This action to quiet title was filed by the [children] on or about November 24, 1999, in the Circuit Court of Tallapoosa County, Alabama at Alexander City after the statute of limitations on May 3, 1999, and therefore [is] barred under the Alabama Code 1975, 6-2-8 (a) and 6-2-33 (2). An examination of the addresses given on the face of the instrument vesting interest or the addresses given to the clerk of the probate court by the transfer declaration form. Several conditions trigger suits to quiet title (some-times referred to as "a suit to remove cloud from title"). There are two types of quiet title actions, in personam and in rem. It helps to clarify ownership. This actually happens more often than you might imagine. Further, application of the 10-year limitations period prescribed in 6-2-33(2) in the manner in which it was applied by the trial court would obviate the need to demonstrate one of the three elements prescribed by 6-5-200 as a prerequisite for acquiring title by adverse possession in 10 years, rather than in 20 years. A quiet title action is a legal proceeding used to determine the rightful owner of the property being disputed. Agreements, Sale A quiet title action is simply a lawsuit to confirm or establish ownership of real estate. Forms, Independent Recheck and make certain that you are downloading the proper state-specific form. A quiet title action is a lawsuit that requests the court authenticate the true owner of the property. Thus, an action to quiet title to real property, primarily involving the determination of title to real property based on adverse possession, should be characterized as an action at law. I am not convinced that a judgment in favor of Edwards would necessarily be erroneous in light of the record in this case. After a three-day Zoom bench trial, the circuit court ruled in favor of the Schulzes and this timely appeal followed. 263 (1938). . for Deed, Promissory (5) An explanation of any rights of redemption and notice that the judgment of the court may extinguish any ownership interest in or right to redeem the property. The circuit court may appoint and utilize as the court considers necessary a special master for assistance with the resolution of any objections to the quiet title action or questions regarding the title to property subject thereto. BLOG 5. A quiet title action is an action to settle the entirety of title interest in real estate in one person or entity (a business, estate, government agency, or trust). Notice must be given to the defendants by personal process server or certified mail. Before you get too frightened about trespassers taking your land, the time of occupation isn't the only requirement for adverse possession. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Doing this, will save you much more time and effort than looking for an attorney to prepare a file from the blank page for you would. Agreements, Letter "Adverse possession under color of title is founded on a written instrument, judgment or decree, purporting to convey the land, but for some reason defective." Id. All forms provided by US Legal Forms, the nations leading legal forms publisher. In May, a bill was signed into law to amend Chapter 13 of the Texas Property Code, to take effect on Sep. 1, 2021. If you are not entirely sure that your title is clear of all known or unknown encumbrances or challenges, filing a quiet title action is how to proceed in many cases. This is a legal method for determining title to land. For example, this situation usually occurs where the plaintiff is in possession of the property, but wants to remove cloud from his title based on adverse claims for money recorded against his property. (o) Notwithstanding the requirements for adverse possession under Section 40-10-82, or any other law, the authority may initiate a quiet title action under this section at any time after acquiring an interest in the property which is subject to the action.