Alabama · TitleAlabama adverse possession: ten years and the three ways to make it count
In Alabama, actions for the recovery of land or its possession must be commenced within ten years, unless another provision applies (Ala. Code §6-2-33(2)). But adverse possession can't confer or defeat title to land unless the party relying on it shows one of three things: a deed or other color of title purporting to convey title to that party has been duly recorded in the probate judge's office of the county for ten years before the action began; the party and those through whom it claims have listed the land for taxation in the proper county every year for ten years before the action, if the land is taxable; or the party derives title by descent or devise from a predecessor in title who was in possession. Recording periods of successive deeds in the chain can be added together to make the ten years, and an inadvertent failure to list the land for taxation or an unintentional mistake in the assessment doesn't defeat the claim. The rule doesn't affect boundary disputes between adjoining owners (Ala. Code §6-5-200).
What the statutes set
Limit (§6-2-33(2))
Ten years to recover land or its possession.
Recorded deed (§6-5-200(a)(1))
A deed or color of title recorded with the probate judge for ten years.
Taxes (§6-5-200(a)(2))
The land listed for taxation every year for ten years.
Descent or devise (§6-5-200(a)(3))
Title inherited from a predecessor who was in possession.
What the TC does when Alabama title shows a possession issue
- Ask the title company whether anyone else uses or occupies part of the property.
- Order a survey if the boundary or a fence line is in doubt.
- Track any quiet title action the seller needs before closing.
Questions about Alabama adverse possession
How long does adverse possession take in Alabama?
Ten years, and the possessor must also show a deed recorded for ten years, ten years of tax listings, or title by descent or devise from a possessor (Ala. Code §§6-2-33, 6-5-200(a)).
Does the Alabama rule apply to fence-line disputes?
No. Section 6-5-200 doesn't affect cases about boundaries between adjoining owners (Ala. Code §6-5-200(c)).
Related guides
Track a survey and any title cure as tasks on the deal in ClosingCode.
Start free trialSources: Ala. Code §§6-2-33, 6-5-200 (alison.legislature.state.al.us), read October 30, 2026.
General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.