Legal Question in Real Estate Law in Alabama

my land or yours?

after 18 years of living and maintaining the bounds of my property, my neighbors had their land survryed and it comes to the center of my house.when i purchaced this land the boundries were set out and shown to me and i continued to develop and maintain them in the same area as was done before me and have done so for 18 years.no one has ever said anything otherwise untill it was surveyed this year.now the land owners next to my boundries are trying to take all property less one foot outside of the dwelling.this is only eighteen ft.and would not be an issue if it was for depth,but i do not want to give up my width.i have planted trees and also use part of this as my driveway.do i have to give up these few feet that i have thought were mine for 18 years.do i have to give up my 10 year old apple and peach trees?they are willing to give me one foot but thats not even room to walk beside my house.the owners continue to pressure me to sign papers they have drawn up giving me this one foot.what are my rights? do i have any?what about my children when i die,will my land pass on to them as i originally had or will it be modified.


Asked on 1/20/02, 9:41 pm

1 Answer from Attorneys
Shane Cooper Borg, Cooper & Associates, P.C.

Re: my land or yours?

You do have rights in this situation. Alabama law provides that when someone has "open and notorious" possession of land under a "claim of right" for a certain time period, they can become the owner of the property by adverse possession. The only way to settle the dispute, unless you and your neighbor can agree on the boundary is to file an action to "quiet title" to the land. You will need to contact an attorney to handle this problem, but it sounds like you have a good argument that you shouldn't have to relinquish the part you thought was yours.

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Answered on 1/20/02, 11:26 pm


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