Full question:
Our family has a pending civil lawsuit regarding some land that we have been paying taxes on for over 50 years. The family adjacent to us is stating that the land is overlapping and that the land belongs to them. They have not produced any proof. However, if the judge rules in the plaintiff's favor what further recourse will we have?
- Category: Real Property
- Subcategory: Encroachment
- Date:
- State: Alabama
Answer:
If the court rules against you in the land dispute, you may consider several options:
1. **Appeal**: You can appeal the decision to a higher court. The appeal process focuses on legal errors made by the lower court rather than factual findings.
2. **Easement by prescription**: If you have been using the land openly and continuously for a specific period as defined by state law, you might qualify for an easement by prescription. This requires that your use of the land is hostile, notorious, and without the landowner's permission. Simply paying taxes is not enough to claim adverse possession.
3. **Injunctive relief**: You may seek a court order (injunction) to prevent the adjacent family from interfering with your use of the land, if you can prove that harm will occur without it.
4. **Declaratory judgment**: You can file for a declaratory judgment to clarify your legal rights regarding the land. This seeks a judicial declaration about the relationship between you and the adjacent family.
Consulting with a legal professional can provide guidance tailored to your specific situation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.