Protecting Your Property Rights From Boundary Disputes
As a property owner, you never want to face a dispute threatening your property rights. If someone else claims that they own part of your property or an easement interferes with your use and enjoyment, then you need an experienced lawyer to advocate for you.
Attorney Todd Higey can help homeowners and businesses with easement and boundary disputes arising from building and landscape construction, improvements, relocation and removals. With 25 years of experience assisting clients in Birmingham, he will use his background and understanding of the law to protect your rights and advocate for your interests.
Fighting Against Adverse Possession Claims
Property disputes between neighbors in Alabama are relatively common because of the state’s adverse possession laws. If you face a dispute due to adverse possession or an easement, then you need a lawyer with the knowledge and skills to help you protect your property.
Attorney Higey can help you with different types of disputes that threaten your property, including those stemming from:
- Adverse possession
- Building and landscape construction
- Improvements
- Utility easements
- Relocation
- Removals
In Alabama, you must possess the property for 20 consecutive years for state law to consider you an owner through prescription. However, certain exceptions apply that reduce this time to 10 years. When considering proper ownership in adverse possession actions, the court will consider whether a party actively controlled and managed the property, used it without permission, had a color of title, did not attempt to conceal their occupancy or paid taxes on the property. If these elements occurred for 10 consecutive years, the party may have a valid adverse possession claim.
However, you can take steps to prevent them from fully obtaining possession of your property by filing a quiet title action. In this type of action, the court will determine the true owner of the property. At his firm, attorney Higey can help you fight for your property rights and prevent a trespasser from prevailing in a property dispute.
Frequently Asked Questions About Birmingham Boundary Disputes
The following are answers to the questions clients ask when seeking clarity and protection:
What is adverse possession, and how does it affect property rights in Alabama?
Under the Alabama law, adverse possession is an old legal doctrine that allows a trespasser to gain legal title to property by openly inhabiting and improving it for at least 20 years. The law also defines that this period can be shortened to 10 years if the trespasser has paid the annual property taxes for 10 years.
Other than the duration of occupation, the trespasser must prove four things for a legitimate adverse possession claim:
- Exclusive and continuous possession: Has not shared possession with other people.
- Open and notorious possession: Has been using the property in a visible way that the true owner would notice.
- Actual possession: Has been physically living on the property.
- Hostile: Using the property without the owner’s permission.
Attorney Todd Higey can evaluate whether the legal requirements have been met and protect your property.
What is a quiet title action, and when should I file one?
A quiet title action is a lawsuit to determine the true owner of the property. You can file the quiet title action in Alabama if you encounter issues like:
- Buying property at tax sales or foreclosures.
- Missing links in the property’s ownership history.
- Adverse possession claims.
- Multiple family members claim rights to inherited land.
A quiet title court hearing involves detailed property records, surveys and legal filings. Attorney Todd Higey can handle the matter correctly to protect your rights.
Can I remove an easement from my property?
Yes, in Alabama, you can remove an easement in situations such as:
- Mutual agreement with the easement holder.
- The easement holder stops using the property for a long time.
- The easement was for a specific purpose, and that purpose has ended.
- File a lawsuit to have a court end the easement if your property is misused.
Attorney Todd Higey can review the easement documents, assess the enforceability and advise on whether removal is legally possible.
How can a property dispute attorney protect my rights?
A property dispute attorney can protect your rights by reviewing deeds, surveys, zoning laws, easements and historical property use to obtain the truth. In Birmingham, attorney Todd Higey can walk through these processes seamlessly to help ensure you get your rights.
Get Started On Your Case With An Experienced Property Disputes Attorney
Learning that someone else is trying to claim ownership rights to your property is alarming. Likewise, possessing land for a period of time believing it is yours only to discover it isn’t is disconcerting. Working with an experienced easement and boundary dispute lawyer can help you succeed against them. The lawyer at Higey Law LLC will strongly advocate for your property rights to resolve any disputes you face. To schedule a consultation with him, call 205-623-4774 or complete the online contact form.
