Actions may be brought by any person owning land or any interest therein against the owner or person interested in adjoining land to have the boundary lines established; and when the boundary lines of two or more tracts depend upon the same common point, line, or landmark, and action may be brought by the owner or any person interested in any of such tracts, against the owners or persons interested in the other tracts, to have all the boundary lines established. The court shall determine any adverse claims in respect to any portion of the land involved which it may be necessary to determine for a complete settlement of the boundary lines and shall make such order respecting costs and disbursements as it shall deem just.
(Code 1923, §6440; Code 1940, T. 47, §3.)
Notes of Decisions
Cited in
5
cases, 1982–2017 · leading case:
Ex Parte Taylor, 828 So. 2d 883 (Ala. 2001).
Ex Parte Taylor, 828 So. 2d 883 (Ala. 2001).
· cites it 8× “Neither side is entitled to a jury trial as a matter of right in a boundary line dispute (see Ala.Code 1975, § 35-3-2)...."). [1] The petitioners contend that, even if a boundary location is ordinarily a nonjury issue, in this case it is a question in "common" with the jury…”
Cousins v. McNeel, 62 So. 3d 1039 (Ala. Civ. App. 2010).
· cites it 2× “” See Ala.Code 1975, § 35-3-2 (recognizing that, in a boundary-line dispute, “[t]he court shall determine any adverse claims in respect to any portion of the land involved for which it may be necessary to determine for a complete settlement of the boundary lines”).”
Ala. Power Co. v. Keller, 268 So. 3d 49 (Ala. Civ. App. 2017).
· cites it 2× “ein against the owner or person interested in adjoining land to have the boundary lines established; and when the boundary lines of two or more tracts depend upon the same common point, line, or landmark, and action may be brought by the owner or any person interested in any of…”
Ala. Power Co. v. Keller, 268 So. 3d 49 (Ala. Civ. App. 2017).
· cites it 2× “ein against the owner or person interested in adjoining land to have the boundary lines established; and when the boundary lines of two or more tracts depend upon the same common point, line, or landmark, and action may be brought by the owner or any person interested in any of…”
Alabama Power Co. v. Curry, 420 So. 2d 48 (Ala. 1982).
· cites it 2× “Later, he amended the complaint to claim a boundary line dispute, pursuant to Ala.Code 1975, § 35-3-2. Alabama Power Company holds a license granted in 1925 by the Federal Power Commission to operate a hydroelectric dam across the Coosa River.”
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