Defined term
Adverse possession
Adverse possession is the doctrine that allows someone who openly and continuously uses another's land for the statutory period to acquire ownership of it.
Adverse possession transfers title to the possessor when the use is open, notorious, continuous, exclusive, and hostile for the statutory period. The doctrine encourages productive use of land and protects long-settled expectations.
Alabama generally requires either 10 years with color of title or 20 years without (Ala. Code § 6-5-200). Florida's adverse-possession statute requires 7 years of payment of taxes (Fla. Stat. § 95.18). Both states distinguish adverse possession from the related doctrine of prescriptive easement, which gives a right to use but not ownership.
Worked exampleA Fairhope owner installs a fence in 1998, mistakenly placing it 8 feet onto the neighbor's land. The fence is never disputed. In 2026, the neighbor surveys and demands removal. The original owner has a colorable adverse-possession claim under 20-year non-color-of-title rule.
Statutes
- Ala. Code § 6-5-200
- Fla. Stat. § 95.18