Legal Question in Real Estate Law in Alabama

Four members of my family had a 4 acre plot of land bequeathed to them. A lawyer wrote up the boundaries of each 1 acre plot, however separate deeds have not been granted because each lot has not been perk tested. But I believe this may constitute as a "color of title". The plot of land is 1 acre wide and 4 acres deep. The only way to access the other three acres is to cut a road through the first one. If one has "color of title" or a deed for the first lot is it possible to refuse access to the other three owners’s access to their land, and at the same time claim "Adverse Possession" on the other three lots? If so, is there a way to stop this before the 10 year statute of limitations?

Asked on 10/15/11, 8:50 am

1 Answer from Attorneys

James Coleman Murchison & Howard, LLC

A lawyer wrote up boundaries on what? Were deeds prepared? There is certainly color of title if there was a will. The executor of the will should have deeded the property when the estate was closed. The short answer to your last question is "no" you need to be peaceable possession to claim the land. THe question of color of title is what YOUR color of title is to the property, I assume you have none in the face of their claim. You need to hire a lawyer to help you with this.

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Answered on 10/17/11, 11:25 am

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