Code of Alabama
Ala. Code § 6-2-33 (2026)
Commencement of Actions - Ten Years.
✓ official Alabama Legislature (ALISON) text, current July 2026
The following actions must be commenced within 10 years:
(1) Actions founded upon any contract or writing under seal.
(2) Actions for the recovery of lands, tenements or hereditaments, or the possession thereof, except as otherwise provided in this article.
(3) Motions and other actions brought by or on behalf of the State of Alabama, a county, a municipality, or another political subdivision of the state against sheriffs, coroners, constables, and other public officers for nonfeasance, misfeasance, or malfeasance in office.
(Code 1852, §2476; Code 1867, §2900; Code 1876, §3225; Code 1886, §2614; Code 1896, §2795; Code 1907, §4834; Code 1923, §8943; Code 1940, T. 7, §20; Acts 1996, No. 96-513, p. 657, §1.)
Notes of Decisions
Cited in 40
cases (4 in the last 5 years), 1978–2024 · leading case: Bohanon v. Edwards, 875 So. 2d 309 (Ala. Civ. App. 2003).
Bohanon v. Edwards, 875 So. 2d 309 (Ala. Civ. App. 2003). “As for the 20-year limitations period also relied upon by the trial court, § 6-2-8(a) provides, in pertinent part: "(a) If anyone entitled to commence any of the actions enumerated in this chapter, to make an entry on land or enter a defense founded on the title to real property…”
Shiver v. Butler Cnty. Bd. of Educ., 797 So. 2d 1086 (Ala. Civ. App. 2000). “On appeal, Shiver argues that the trial court erred in holding that he was not entitled to have the percentage called for in each Act applied to his total salary, rather than only to that portion of his salary that is not reimbursed by the Army. Additionally, Shiver argues that…”
McMillian v. Johnson, 878 F. Supp. 1473 (M.D. Ala. 1995). “McMillian next argues that although the two-year statute of limitations applies generally to Section 1983 claims in Alabama, Tate and Thigpen can still be sued under Count One because they are subject to the special ten-year statute of limitations contained in § 6-2-33(3) of the…”
City of Birmingham v. Cochrane Roofing & Metal Co., 547 So. 2d 1159 (Ala. 1989). “) STATUTE OF LIMITATIONS ON THE CLAIM AGAINST ROBINS The City asserts that the performance, bid, and labor and material payment bonds were under seal and were incorporated into the construction contract by reference, and therefore, that the ten-year statute of limitations for…”
Martin v. Phillips, 7 So. 3d 1012 (Ala. Civ. App. 2008). “Though Phillips cited § 6-2-33(1), Ala.Code 1975, we assume he was referring to § 6-2-33(2), which provides a 10-year statute of limitations “for the recovery of lands, tenements or hereditaments, or the possession thereof .”
Gay v. Tompkins, 385 So. 2d 973 (Ala. 1980). “pkins and Eugenia Thompkins have assessed the property so that the annual listing of the land for taxation requirement of Section 6-5-200, Code of Alabama, 1975, subparagraph (2) has been fully complied with; that all of the requirements of prescription for over 20 years have…”
Jones v. Johnson, 827 So. 2d 768 (Ala. 2002). “Therefore, under the coterminous-landowner rule rejected by the majority, adverse possession for 10 years is sufficient for the acquisition of an easement.”
United States v. 40 Acres of Real Prop., More or Less, 629 F. Supp. 2d 1264 (S.D. Ala. 2009). “”); Ala. Code § 6-2-33 (providing that actions for recovery of lands must be commenced within 10 years).”
Snider v. Morgan, 113 So. 3d 643 (Ala. 2012). “Thus, even assuming that the power of attorney was not a contract under seal and thus subject to the more forgiving 10-year statute of limitations provided in § 6-2-33, Ala.Code 1975, 10 Jeff clearly filed his complaint in February 2011, less than 5 years after the power of…”
Clear Creek, Inc. v. Royal Am. Corp. (In Re Int'l Resorts, Inc.), 46 B.R. 405 (N.D. Ala. 1984). “See Ala. Code § 6-2-33 (2) (1975); Swan v. Magnusson, 418 So.”
McKerall v. Kaiser, 60 So. 3d 288 (Ala. 2010). “In response, Kaiser argues that the note is a contract under seal; therefore, he contends that the applicable statute of limitations is § 6-2-33, Ala.Code 1975. Section 6-2-33(1) provides that “[a]ctions founded upon any contract or writing under seal” must be commenced within…”
Jones-Lowe Co. v. S. Land & Expl. Co., 18 So. 3d 362 (Ala. 2009). “Specifically, it argued for the application of (1) the doctrine of laches, and (2) Ala.Code 1975, § 6-2-33, with its 10-year statute of limitations.”
— Ala. Code § 6-2-33(1) — 5 cases
Martin v. Phillips, 7 So. 3d 1012 (Ala. Civ. App. 2008). “Though Phillips cited § 6-2-33(1), Ala.Code 1975, we assume he was referring to § 6-2-33(2), which provides a 10-year statute of limitations “for the recovery of lands, tenements or hereditaments, or the possession thereof .”
Bekken v. Greystone Residential Ass'n, 227 So. 3d 1201 (Ala. Civ. App. 2017).
McKerall v. Kaiser, 60 So. 3d 288 (Ala. 2010). “In response, Kaiser argues that the note is a contract under seal; therefore, he contends that the applicable statute of limitations is § 6-2-33, Ala.Code 1975. Section 6-2-33(1) provides that “[a]ctions founded upon any contract or writing under seal” must be commenced within…”
Johns v. First Alabama Bank, 612 So. 2d 1235 (Ala. Civ. App. 1992).
— Ala. Code § 6-2-33(2) — 11 cases
Bohanon v. Edwards, 875 So. 2d 309 (Ala. Civ. App. 2003). “As for the 20-year limitations period also relied upon by the trial court, § 6-2-8(a) provides, in pertinent part: "(a) If anyone entitled to commence any of the actions enumerated in this chapter, to make an entry on land or enter a defense founded on the title to real property…”
Jones v. Johnson, 827 So. 2d 768 (Ala. 2002). “Therefore, under the coterminous-landowner rule rejected by the majority, adverse possession for 10 years is sufficient for the acquisition of an easement.”
Martin v. Phillips, 7 So. 3d 1012 (Ala. Civ. App. 2008). “Though Phillips cited § 6-2-33(1), Ala.Code 1975, we assume he was referring to § 6-2-33(2), which provides a 10-year statute of limitations “for the recovery of lands, tenements or hereditaments, or the possession thereof .”
Roper v. City Nat'l Bank of Birmingham (In Re Bethune), 18 B.R. 418 (Bankr. N.D. Ala. 1982).
Clemons v. Howard, 124 So. 3d 738 (Ala. Civ. App. 2013).
— Ala. Code § 6-2-33(3) — 7 cases
Shiver v. Butler Cnty. Bd. of Educ., 797 So. 2d 1086 (Ala. Civ. App. 2000). “On appeal, Shiver argues that the trial court erred in holding that he was not entitled to have the percentage called for in each Act applied to his total salary, rather than only to that portion of his salary that is not reimbursed by the Army. Additionally, Shiver argues that…”
McMillian v. Johnson, 878 F. Supp. 1473 (M.D. Ala. 1995). “McMillian next argues that although the two-year statute of limitations applies generally to Section 1983 claims in Alabama, Tate and Thigpen can still be sued under Count One because they are subject to the special ten-year statute of limitations contained in § 6-2-33(3) of the…”
McMillan v. Lee, 655 So. 2d 906 (Ala. 1994).
Nathan Rodgers Constr. & Realty Corp. v. City of Saraland, Alabama, a Mun. Corp., 670 F.2d 16 (5th Cir. 1982).
Williams v. City of Montgomery, 550 F. Supp. 662 (M.D. Ala. 1982).
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