(a) When an action is commenced to recover land or the possession thereof, the defendant may, at any time before the trial, suggest upon the record that he, and those whose possession he has, have, for three years next before the commencement of the action, had adverse possession thereof, which must be construed to mean the same character of possession as will put in operation the statute of limitations. In such case, if the jury finds for the plaintiff, it must also ascertain by its verdict whether such suggestion is true or false. If the jury finds it to be false, it must return a verdict for the damages as in ordinary cases. If the jury finds it to be true, it must assess the value, at the time of trial, of the permanent improvements made by the defendant, or those whose estate he has, and also ascertain by its verdict the value of the lands and of the use and occupation thereof, not including the increased value by reason of such improvements.
(b) If the value of the use and occupation as assessed exceeds the value of the permanent improvements made, judgment must be entered against the defendant for the excess. If the value of the improvements exceeds the value of the use and occupation, no writ of possession shall issue for one year after the entry of the judgment unless the plaintiff or his legal representative pays the defendant, or deposits with the clerk for him, the excess of the assessed value of the improvements over the value of the use and occupation. If the plaintiff or his legal representative neglects for the term of one year to pay such excess, and the defendant or his legal representative within three months after the expiration of the year pays to the plaintiff, or to the clerk for him, the value of the land and of the use and occupation thereof as assessed by the jury, the plaintiff is forever barred from his writ of possession and from commencing any action whatever against the defendant, his heirs or assigns to recover such land or the possession thereof.
(Code 1852, §§2201-2204; Code 1867, §§2602-2605; Code 1876, §§2951-2954; Code 1886, §§2702-2705; Code 1896, §§1536-1539; Code 1907, §§3846-3849; Code 1923, §§7460-7463; Code 1940, T. 7, §§945-948.)
Notes of Decisions
Cited in
8
cases, 1980–1998 · leading case:
Manning v. Wingo, 577 So. 2d 865 (Ala. 1991).
Manning v. Wingo, 577 So. 2d 865 (Ala. 1991).
· cites it 2× “192 (1885); and (3) where a true owner brings an action to recover possession of land, the defendant may recover for permanent improvements by way of set-off against the value of the use and occupation of the land, upon the defendant's suggestion and proof of adverse possession…”
Meadows v. Smith, 598 So. 2d 908 (Ala. 1992).
· cites it 10× “Thus, Meadows claimed the rights and benefits of Ala.Code 1975, § 6-6-286. Section 6-6-286 provides: “(a) When an action is commenced to recover land or the possession thereof, the defendant may, at any time before the trial, suggest upon the record that he, and those whose…”
Wells v. Croft, 442 So. 2d 50 (Ala. 1983).
· cites it 3× “After numerous pleadings, the death of John Croft, and the intervention of Croft’s son Harvey as a party plaintiff, Wells filed a suggestion of adverse possession in accordance with Code 1975, § 6-6-286. In this document, Wells alleged that because he had been in open, notorious…”
Pelzer Homes, Inc. v. Alabama Power Co., 475 So. 2d 558 (Ala. 1985).
· cites it 3× “Thereafter, each filed an answer and counterclaim to recover damages pursuant to Code of 1975, § 6-6-286, which states: “(a) When an action is commenced to recover land or the possession thereof, the defendant may, at any time before the trial, suggest upon the record that he,…”
Culbreath v. Parker, 717 So. 2d 430 (Ala. Civ. App. 1998).
· cites it 2× “192 (1885); and (3) where a true owner brings an action to recover possession of land, the defendant may recover for permanent improvements by way of set-off against the value of the use and occupation of the land, upon the defendant’s suggestion and proof of adverse possession…”
Stanton v. Gov't Nat'l Mortg. Ass'n, 380 So. 2d 292 (Ala. 1980).
· cites it 2× “Appellants attempt to rely on Code 1975, § 6-6-286 in their adverse possession claim which deals with assessing the value of improvements made to the land by the defendants and using that to offset any charges for rents or damages for detention claimed by the plaintiff.”
Franklin v. Wilson, 386 So. 2d 431 (Ala. 1980).
· cites it 3× “Wilson under Code 1975, § 6-6-286, which provides: (a) When an action is commenced to recover land or the possession thereof, the defendant may, at any time before the trial, suggest upon the record that he, and those whose possession he has, have, for three years next before…”
Wells v. Croft, 470 So. 2d 1237 (Ala. Civ. App. 1985).
“Wells, however, contends that the trial court granted the directed verdict on the issue of adverse possession under § 6-6-286, Ala.Code (1975). This section deals only with compensation for permanent improvements in an action for the recovery of land and does not apply to…”
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treatment. Dots show Syfertize treatment of the citing case itself.