Legal Question in Real Estate Law in Alabama

land issue in will

My father is the Executor of the assest left to him by his parents. He also has a sister who is named Beneficiary in the same will. Together they on 26 acers that was left to them in the will. There was a verbal agreement between my father and my grandfather that the land my dad lives on would be his. My father has lived on this 6 acres (which is included in the 26 acers in the will) for 31 years. Now his sister wants to split the land up. Well she does not see the 6 acers as my fathers land and wants to split the 26 in 13 equally. He has no deed or proof other than verbal.Is there any thing that can be done to take out the 6 acres and the settle the rest equally? My father never took time to settle this matter when my grandfather was living. I was hoping there might be some kind of land owership law over time.


Asked on 12/21/05, 7:48 pm

1 Answer from Attorneys
Robert Kreitlein Robert Kreitlein, Attorney at Law

Re: land issue in will

Well, it sounds like your father might have a claim to the property under something called "adverse possession". Basically, if you have occupied property owned by another for a set period of time, you may sometimes claim ownership. There are several other factors besides length of occupation so he should really consult a local attorney. Without knowing all the details, it would be impossible to give a completely accurate answer to the question but it does sound like he stands a chance of keeping this property out of the settlement so make sure he follows up with a local attorney. Good luck.

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Answered on 12/21/05, 10:17 pm


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