Real Property Actions Generally.

Ala. Code tit. 6, ch. 5, art. 13

in effect

Ala. Code § 6-5-210 Rights Above and Below Surface.

6-5-210. Rights Above and Below Surface. The owner of realty having title downwards and upwards indefinitely, any unlawful interference with his rights, below or above the surface alike, gives him a right of action. (Code 1907, §2457; Code 1923, §5663; Code 1940, T. 7, §87.)

Ala. Code § 6-5-211 Slander of Title.

6-5-211. Slander of Title. The owner of any estate in lands may commence an action for libelous or slanderous words falsely and maliciously impugning his title. (Code 1907, §2459; Code 1923, §5665; Code 1940, T. 7, §89.)

Ala. Code § 6-5-212 Bare Right of Possession.

6-5-212. Bare Right of Possession. The bare right of possession to lands authorizes their recovery by the owner of such right and also damages for the withholding of the right. (Code 1907, §2453; Code 1923, §5659; Code 1940, T. 7, §83.)

Ala. Code § 6-5-213 Bare Possession.

6-5-213. Bare Possession. The bare possession of land authorizes the possessor to recover damages from any person who wrongfully, in any manner, interferes with such possession. (Code 1907, §2454; Code 1923, §5660; Code 1940, T. 7, §84.)

Ala. Code § 6-5-214 Action for Trespass by Person Having Bare Title.

6-5-214. Action for Trespass by Person Having Bare Title. The person having title to lands, if no one is in actual possession under the same title with him, may commence an action for trespass thereon; and if a tenant is in possession and the trespass is such as injures the freehold, the owner, a remainderman, or reversioner may maintain trespass. (Code 1907, §2455; Code 1923, §5661; Code 1940, T. 7, §85.)

Ala. Code § 6-5-215 When Possession Disputed.

6-5-215. When Possession Disputed. Where two persons claim to have actual possession of the same land, he is deemed in possession who has the legal title, and the other is a trespasser. (Code 1907, §2456; Code 1923, §5662; Code 1940, T. 7, §86.)

Ala. Code § 6-5-216 Unlawful Interference with Right-of-Way.

6-5-216. Unlawful Interference with Right-of-Way. The unlawful interference with the right-of-way, or of common, is a trespass to the party entitled thereto. (Code 1907, §2458; Code 1923, §5664; Code 1940, T. 7, §88.)

Ala. Code § 6-5-217 Damages for Continuous Trespass.

6-5-217. Damages for Continuous Trespass. Damages for continuous trespass are limited to those which have occurred before and up to the trial. Subsequent damages flowing from a continuance of the trespass give a new cause of action. (Code 1907, §2460; Code 1923, §5666; Code 1940, T. 7, §90.)

Ala. Code § 6-5-218 Rule of Prescription Regarding Damages Arising Out of Improvements to Real Property.

6-5-218. Rule of Prescription Regarding Damages Arising Out of Improvements to Real Property. (a) No action in tort, contract, or otherwise shall be commenced against any person performing or furnishing the design, planning, supervision, or observation of construction or the construction of an improvement to real property more than seven years after the substantial completion of such improvement for the recovery of damages for: (1) Any deficiency in the design, planning, supervision, or observation of construction or construction of such an improvement; or (2) Injury to real or personal property caused by any such deficiency; or (3) Injury to or wrongful death of a person caused by any such deficiency. (b) The prohibition provided in this section shall apply to any action commenced against a person for his own act, or failure to act, or for the act, or failure to act, of his employees; likewise, the prohibition contained in this section shall extend to every demand, whether commenced by direct action or for contribution or indemnity or by third-party practice and whether commenced by an owner of the subject improvement or by any other person. (c) Where an action for damage for wrongful death or injury to a person or damages to property, caused by any deficiency in an improvement to real property, is commenced against a person in actual possession or control as owner, tenant, or otherwise of such improvement, the prohibition prescribed by this section shall not be a defense for such person. (d) This section shall not be construed to extend any applicable statute of limitations or time for commencing civil actions against any person performing or furnishing the design, planning, supervision, or observation of construction or the construction of an improvement to real property. (e) As used in this section, the word “person” shall mean an individual, partnership, corporation, association, or any other legal entity. (Acts 1969, No. 788, p. 1418, §1.)

Source: Alabama Legislature (alison.legislature.state.al.us)URL: https://alison.legislature.state.al.us/code-of-alabamaFetched: 10/20/2026