Adverse Possession of Vacant Land


Ross and Dunne v. Clark Property Management, LLC, [Ms. 2190916, Mar. 12, 2021], ___ So. 3d ___ (Ala. Civ. App. 2021). The court (Thompson, P.J.; Moore, Edwards, Hanson, and Fridy, JJ., concur) affirms the Madison Circuit Court’s judgment quieting title in Clark Property Management, LLC (“Clark Property”) to a vacant lot sold for taxes. The court notes that “[a] party claiming adverse possession must prove by clear and convincing evidence that there was ‘hostile possession of the land under a claim of right that was actual, exclusive, open, notorious and continuous’ for the required period.” Ms. *9, quoting Kennedy v. Conner, 291 So. 3d 867, 876 (Ala. Civ. App. 2019) (some internal quotation marks omitted). The court affirms and explains “[i]t was not incumbent upon Clark Property or its predecessor to post a sign stating that the property had been purchased. Because Clark Property and its predecessor’s acts of possession of the property were in accord with the acts of possession of the purchaser of a vacant lot via a tax sale, Clark Property and its predecessor’s possession of the property was open and notorious.” Ms. *16.

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