HB351 Alabama 2011 Session

Summary

Primary Sponsor

Richard J. Laird

Independent

Session

Regular Session 2011

Title

Adverse possession by statute repealed after October 1, 2011, adverse possession by common law doctrine abolished, Sec. 6-5-200 am'd.

Summary

HB351 would abolish both statutory adverse possession and the common-law doctrine of adverse possession by prescription, stopping new claims after September 30, 2011 (with existing titles perfected before the change remaining unaffected).

What This Bill Does

The bill repeals the statutory right to confer or defeat title to land by adverse possession for future claims. It also abolishes the common-law doctrine of adverse possession by prescription after September 30, 2011. It tightens the remaining statutory framework by requiring a 10-year period evidenced by a recorded deed or color of title, or 10 years of tax listings, or title by descent; if those periods total 10 years, a claim may be pursued, and minor tax listing mistakes do not bar the action. It also specifies that after September 30, 2011, no new adverse possession periods may begin and pre-existing rights perfected before the change are not affected.

Who It Affects

• Potential adverse possession claimants: people who might try to gain land through statutory or common-law adverse possession would be barred from initiating such claims after September 30, 2011.
• Current landowners and titleholders: protects existing and future titles from being challenged by new adverse possession claims; titles perfected before the change remain valid under the law.

Key Provisions

• Repeals rights to confer or defeat title to land by state statutory adverse possession for future claims (after September 30, 2011).
• Abolishes future claims to land based on the common-law doctrine of adverse possession by prescription (after September 30, 2011).
• Amends Section 6-5-200 to require 10 years of either: (a) recorded deed or color of title, (b) annual taxation listing, or (c) title by descent/ance/ devise; and allows action if total time reaches 10 years.
• Inadvertent errors in tax listings or descriptions during the 10-year period do not bar an adverse possession claim.
• After September 30, 2011, no new periods of adverse possession may begin and no vested rights may be obtained under this section; pre-existing titles perfected before adoption are not affected.
• The act becomes effective immediately upon passage.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Property, Real and Personal