Code of Alabama
Ala. Code § 6-5-210 (2026)
Rights Above and Below Surface.
✓ official Alabama Legislature (ALISON) text, current July 2026
The owner of realty having title downwards and upwards indefinitely, any unlawful interference with his rights, below or above the surface alike, gives him a right of action.
(Code 1907, §2457; Code 1923, §5663; Code 1940, T. 7, §87.)
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 1982–2024 · leading case: Walker v. Cleary Petroleum Corp., 421 So. 2d 85 (Ala. 1982).
Walker v. Cleary Petroleum Corp., 421 So. 2d 85 (Ala. 1982). “See § 6-5-210. [1] While the law affords no specific standard of measurement for such damages, I would hold that, upon a retrial of this case, Plaintiffs are entitled to a directed verdict on the issue of liability, and that the jury should be instructed to award Plaintiffs…”
Antoine v. Oxmoor Pres./One, LLC, 130 So. 3d 1204 (Ala. Civ. App. 2012). “At the conclusion of her argument on her trespass claim, Antoine states that the trial court erred in not awarding her damages for injury to real property under Ala.Code 1975, § 6-5-210. Antoine makes no argument concerning the elements of a cause of action under § 6-5-210, and…”
E S Robbins Corp. v. Eastman Chem. Co., 912 F. Supp. 1476 (N.D. Ala. 1995). “Private Nuisance (Count Five), Public Nuisance (Count Six), and Trespass (Count Seven) In Counts Five, Six, and Seven of the Complaint, Robbins alleges that Eastman is responsible for the alleged contamination in the soil and groundwater at the Site and that such contamination…”
Nicole Slone v. J. Michael White (11th Cir. 2024). “” Ala. Code § 6-5-210 ; see also Willow Lake Residential Ass’n, Inc.”
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