Code of Alabama

Ala. Code § 6-5-200 (2026)

When Title to Land Conferred or Defeated; When Claim May Be Defended or Prosecuted; Construction of Section.

✓ official Alabama Legislature (ALISON) text, current July 2026

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(a) Adverse possession cannot confer or defeat title to land unless:

(1) The party setting it up shall show that a deed or other color of title purporting to convey title to him has been duly recorded in the office of the judge of probate of the county in which the land lies for 10 years before the commencement of the action;

(2) He and those through whom he claims shall have annually listed the land for taxation in the proper county for 10 years prior to the commencement of the action if the land is subject to taxation; or

(3) He derives title by descent cast or devise from a predecessor in the title who was in possession of the land.

(b) If the period during which the party’s deed or color of title has been on record, added to the time during which the deeds or color of title of those through whom he claims have been on record, amounts to 10 years, he may defend or prosecute on his adverse possession, and an inadvertent failure to list the land for taxation, any unintentional mistake in the description of the assessment or unintentional omission of any part of it from the assessment during the period of 10 years shall not bar the party of his action or defense on his adverse possession.

(c) This section shall not be construed to affect in any way a title perfect by adverse possession before the adoption of this Code, nor to deprive any person of his rights under Sections 6-6-286 through 6-6-289, nor to affect cases involving a question as to boundaries between coterminous owners.

(Code 1896, §§1541-1546; Code 1907, §2830; Code 1923, §6069; Code 1940, T. 7, §828.)

Notes of Decisions

Cited in 51 cases (2 in the last 5 years), 1978–2025 · leading case: United States v. 40 Acres of Real Prop., More or Less, 629 F. Supp. 2d 1264 (S.D. Ala. 2009).

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United States v. 40 Acres of Real Prop., More or Less, 629 F. Supp. 2d 1264 (S.D. Ala. 2009). · cites it 28× “) The Verified Claim specifically identifies Alabama Code § 6-5-200 as the source of the Brazell Claimants’ purported interest in the Property.”

Bohanon v. Edwards, 875 So. 2d 309 (Ala. Civ. App. 2003). · cites it 12× “Following the filing of this supplemental motion for a summary judgment, the children filed a "trial brief" in which they argued that Edwards could not prove the factual elements requisite to either a showing of statutory adverse possession for the 10-year period prescribed in…”

Jones v. Johnson, 827 So. 2d 768 (Ala. 2002). · cites it 7× “An easement by "adverse use for the statutory period" requires satisfaction of the nontemporal elements of the prescriptive easement, plus one of the three additional requirements of Ala.Code 1975, § 6-5-200: "(a) Adverse possession cannot confer or defeat title to land unless:…”

Melton v. Harbor Pointe, LLC, 57 So. 3d 695 (Ala. 2010). · cites it 4× “Based on this anomaly in her pleadings, Melton argues in her reply brief that she did state a claim for statutory adverse possession under ■§ 6-5-200, Ala.Code 1975, which requires color of title or listing for taxation for 10 years.”

Springfield Missionary v. Wall, 993 So. 2d 469 (Ala. Civ. App. 2008). · cites it 5× “Code 1975, § 6-5-200. Downey v. North Alabama Mineral Development *475 Co.”

Butterworth v. Morgan, 22 So. 3d 473 (Ala. Civ. App. 2008). · cites it 5× “*476 “An easement by ‘adverse use for the statutory period’ requires satisfaction of the nontemporal elements of the prescriptive easement, plus one of the three additional i’equirements of Ala.Code 1975, § 6-5-200: “‘(a) Adverse possession cannot confer or defeat title to land…”

Gay v. Tompkins, 385 So. 2d 973 (Ala. 1980). · cites it 3× “" The trial court also held that the Tompkinses had acquired legal title by virtue of ten years of adverse possession pursuant to Code of 1975, § 6-5-200, and twenty years prescription.”

Holifield v. Smith, 17 So. 3d 1173 (Ala. Civ. App. 2008). · cites it 3× “Code 1975, § 6-5-200. See, Long v. Ladd, 273 Ala. 410 , 142 So.”

Williams v. Moore, 36 So. 3d 533 (Ala. Civ. App. 2008). · cites it 2× “Therefore, Moore cannot *542 have shown the 10-year prescriptive period to establish her claim of adverse possession pursuant to Ala.Code 1975, § 6-5-200, because she had no color of title to the disputed property after the entry of the final judgment in the MacMillan Bloedel…”

Stokes v. Cottrell, 58 So. 3d 123 (Ala. Civ. App. 2008). · cites it 2× “Adverse Possession “Alabama recognizes two types of adverse possession: (1) statutory adverse possession pursuant to § 6-5-200, Ala. Code 1975, and (2) adverse possession by prescription.”

Whittemore v. Varner, 607 So. 2d 142 (Ala. 1992). · cites it 6× “The plaintiff grandchildren also contended that through their predecessors in interest they had title to parcel 12 pursuant to *145 Ala.Code 1975, § 6-5-200 (stating the requirements for adverse possession based on a period of 10 continuous years of enumerated acts of…”

Fort Morgan Civic Ass'n v. City of Gulf Shores, 100 So. 3d 1042 (Ala. 2012). “§ 6-5-200, Ala. Code 1975. See, Long v. Ladd, 273 Ala.”

Show all 51 citing cases →

— Ala. Code § 6-5-200(a) — 3 cases

United States v. 40 Acres of Real Prop., More or Less, 629 F. Supp. 2d 1264 (S.D. Ala. 2009). “) The Verified Claim specifically identifies Alabama Code § 6-5-200 as the source of the Brazell Claimants’ purported interest in the Property.”

Bohanon v. Edwards, 875 So. 2d 309 (Ala. Civ. App. 2003). “Following the filing of this supplemental motion for a summary judgment, the children filed a "trial brief" in which they argued that Edwards could not prove the factual elements requisite to either a showing of statutory adverse possession for the 10-year period prescribed in…”

Goodson v. Morrow, 547 So. 2d 856 (Ala. 1989).

— Ala. Code § 6-5-200(a)(1) — 1 case

Silas v. McGuire, 709 So. 2d 1272 (Ala. Civ. App. 1998).

— Ala. Code § 6-5-200(a)(2) — 3 cases

Holland v. Niven, 571 So. 2d 290 (Ala. 1990).

— Ala. Code § 6-5-200(a)(3) — 2 cases

Scott v. Bracy, 530 So. 2d 799 (Ala. 1988).

— Ala. Code § 6-5-200(a)(l) — 3 cases

Melton v. Harbor Pointe, LLC, 57 So. 3d 695 (Ala. 2010). “Based on this anomaly in her pleadings, Melton argues in her reply brief that she did state a claim for statutory adverse possession under ■§ 6-5-200, Ala.Code 1975, which requires color of title or listing for taxation for 10 years.”

Lewis v. Hardin, 512 So. 2d 96 (Ala. 1987).

— Ala. Code § 6-5-200(b) — 1 case

— Ala. Code § 6-5-200(c) — 7 cases

Jones v. Johnson, 827 So. 2d 768 (Ala. 2002). “An easement by "adverse use for the statutory period" requires satisfaction of the nontemporal elements of the prescriptive easement, plus one of the three additional requirements of Ala.Code 1975, § 6-5-200: "(a) Adverse possession cannot confer or defeat title to land unless:…”

Holifield v. Smith, 17 So. 3d 1173 (Ala. Civ. App. 2008). “Code 1975, § 6-5-200. See, Long v. Ladd, 273 Ala. 410 , 142 So.”

Butterworth v. Morgan, 22 So. 3d 473 (Ala. Civ. App. 2008). “*476 “An easement by ‘adverse use for the statutory period’ requires satisfaction of the nontemporal elements of the prescriptive easement, plus one of the three additional i’equirements of Ala.Code 1975, § 6-5-200: “‘(a) Adverse possession cannot confer or defeat title to land…”

Dickinson v. Suggs, 196 So. 3d 1183 (Ala. Civ. App. 2015).

Gilbreath v. Harbour, 24 So. 3d 473 (Ala. Civ. App. 2009).

— Ala. Code § 6-5-200(e) — 1 case

Gilbreath v. Harbour, 24 So. 3d 473 (Ala. Civ. App. 2009).

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