Code of Alabama
Ala. Code § 6-6-540 (2026)
Right of Action to Settle Title to Lands by Person in Peaceable Possession Thereof. (Amended by Act 2026-536)
✓ official Alabama Legislature (ALISON) text, current July 2026
AMENDED BY ACT 2026-536, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
When any person is in peaceable possession of lands, whether actual or constructive, claiming to own the same, in his own right or as personal representative or guardian, and his title thereto, or any part thereof, is denied or disputed or any other person claims or is reputed to own the same, any part thereof, or any interest therein or to hold any lien or encumbrance thereon and no action is pending to enforce or test the validity of such title, claim, or encumbrance, such person or his personal representative or guardian, so in possession, may commence an action to settle the title to such lands and to clear up all doubts or disputes concerning the same.
(Code 1896, §809; Code 1907, §5443; Code 1923, §9905; Code 1940, T. 7, §1109.)
Notes of Decisions
Cited in 49
cases (23 in the last 5 years), 1980–2026 · leading case: Woodland Grove Baptist Church v. Woodland Grove Cmty. Cemetery Ass'n, 947 So. 2d 1031 (Ala. 2006).
Woodland Grove Baptist Church v. Woodland Grove Cmty. Cemetery Ass'n, 947 So. 2d 1031 (Ala. 2006). “[2] In April 2002, the Church sued the Association in the Coffee Circuit Court seeking to quiet title to the property on which the cemetery is located ("the cemetery property") under § 6-6-540, Ala.Code 1975. [3] In April 2003, the Association moved the probate court to remove…”
U.S. Bank Nat'l Ass'n v. Shepherd, 202 So. 3d 302 (Ala. 2015). “On September 28, 2011, an action was filed in the Lamar Circuit Court by Litvak Beasley, purportedly on behalf of “LaSalle Bank, National Association, as trustee for Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Ser *307 ies 2004-4,” asking the…”
Whitehead v. Hester, 512 So. 2d 1297 (Ala. 1987). “The purpose of the bill as originally filed was to remove cloud from complainant's alleged title to the mineral rights in the land described, and as subsequently amended was converted into a bill under the statute (Code [1896], §§ 809-813) [now Code 1975, § 6-6-540] to compel…”
David Childers & Robert DeShawn Childers v. Leroy Darby, 163 So. 3d 323 (Ala. 2014). “This action is brought pursuant to the Code of Alabama, 1975, as amended, § 6-6-540, et seq., and 6-[6]-560, et seq.”
Stokes v. Cottrell, 58 So. 3d 135 (Ala. 2010). “The plaintiffs asserted in their complaint that they brought their claims pursuant to § 6-6-540, Ala.Code 1975, which governs in personam actions to quiet title.”
Smith v. Gaston, 1 So. 3d 1043 (Ala. Civ. App. 2008). “Smith filed his quiet-title counterclaim pursuant to § 6-6-540 et seq., Ala.Code 1975, alleging to be in actual possession of the disputed property.”
Crowley v. Bass, 445 So. 2d 902 (Ala. 1984). “Crowley filed her complaint against the Basses under the provisions of Code 1975, § 6-6-540, to quiet title to the property in dispute.”
Trinae D. Watkins v. Regions Mortg., Inc., 555 F. App'x 922 (11th Cir. 2014). “Ala.Code § 6-6-540. Second, a claim of wrongful foreclosure arises when a mortgagee uses the power of sale given under a mortgage for an improper purpose other than to secure the debt owned by the mortgager.”
Ed Orton v. Sandy Mathews, 572 F. App'x 830 (11th Cir. 2014). “PER CURIAM: Ed Orton, proceeding pro se, filed a complaint in the Circuit Court of Pickens County, Alabama, to quiet title, pursuant to Ala.Code §§ 6-6-540 and 6-6-541, to a property located in Aliceville, Alabama, that he and his late wife had purchased using a loan secured by…”
Stokes v. Cottrell, 58 So. 3d 123 (Ala. Civ. App. 2008). “Code 1975: “ ‘Under a statutory bill to quiet title, where it is shown that [the plaintiff] is in peaceable possession of the land, either actual or constructive, at the time of the filing of the bill and that there was no suit pending to test the validity of the title, a prima…”
Harrison v. Alabama Forever Wild Land Trust, 4 So. 3d 1114 (Ala. 2008). “Joe Harrison, as executor of the estate of Wyatt Harrison, deceased, sued the Alabama Forever Wild Land Trust (“the Trust Fund”) and others 1 pursuant to § 6-6-540, Ala.Code 1975, seeking to quiet title to an uninhabited 160-acre parcel of land in Colbert County (“the property”)…”
Pogue v. White Stone Baptist Church, 554 So. 2d 981 (Ala. 1989). “Pogue, filed a complaint pursuant to Code 1975, § 6-6-540 et seq., to quiet title. Plaintiff claimed title in fee simple to real property, occupied and claimed by the White Stone Baptist Church, by virtue of “indentures” or deeds executed on July 30, 1958, and August 28, 1958.”
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