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New Appeals Court Decision re: Possession

On March 12, 2021, the Alabama Court of Civil Appeals released a decision regarding claimed acts of ownership on vacant land. The issue was whether they were sufficient acts of adverse possession to burn off all redemption rights and other claims after a tax sale, and allow the investor to quiet title.

This is what the court said:

“The property is a vacant lot with a few clumps of trees surrounded by grass. Since 2009, Clark Property or its predecessor has kept the grass cut, cleared debris after storms, and paid the taxes on the property. The testimony indicated that Clark Property and its predecessor have maintained the property as any owner of a vacant lot that has not been developed would. Additionally, Clark Property or its predecessor had explored opportunities to develop the property by approaching the City of Huntsville concerning the property’s zoning, and by contacting various entities about its development. All of these acts taken by Clark Property or its predecessor, when considered in their totality, are consistent with the expected use of a vacant lot by its owner and provide clear and convincing evidence of Clark Property’s adverse possession of the property. Cf. May v. Campbell, 470 So. 2d 1188, 1190 14 2190916 (Ala. 1985)(holding that the evidence “collectively” was sufficient to support the claimant’s adverse possession of rural timberland).”

To read the entire decision, click HERE.

What do you think?