HB626 Alabama 2015 Session

Summary

Primary Sponsor

Jim CarnsRepresentative

Republican

Session

Regular Session 2015

Title

Real property, adverse possession, exempt certain property from adverse possession, Sec. 6-5-200 am'd.

Summary

HB626 would stop certain land uses—licenses, servitudes, and rights created by implication or by necessity—from being treated as adverse possession against the landowner.

What This Bill Does

The bill amends Section 6-5-200 to note that use of real property under licenses, servitudes, implication, or rights created expressly by implication or by necessity may not be considered adverse to the owner's interests. It keeps the existing paths for establishing adverse possession, which involve a deed or color of title recorded for 10 years, and/or 10 years of tax listings or descent from a predecessor. It does not change how some titles were already perfected by adverse possession or how boundaries are handled. It takes effect immediately after the Governor signs it into law.

Who It Affects

• Property owners in Alabama, who would be protected from adverse possession claims based on licenses, servitudes, or implied/necessary rights.
• People who use land under licenses, servitudes, implied rights, or by necessity, who would no longer be able to claim ownership through adverse possession based on those uses.

Key Provisions

• Amends Section 6-5-200 to prohibit using licenses, servitudes, implication, or rights created by implication or by necessity as adverse to the landowner.
• Maintains existing adverse possession criteria: a deed or color of title recorded for 10 years, or 10 years of tax listings (or descent) to establish adverse possession.
• Declares the act does not affect pre-existing adverse possession titles or certain boundary-related cases.
• Effective immediately upon the Governor's approval.

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

Subjects

Adverse Possession