Proceedings in Rem.

Ala. Code tit. 6, ch. 6, art. 12, div. 2

in effect

Ala. Code § 6-6-560 Who May File Complaint to Establish Right or Title to Lands or Interest Therein.

6-6-560. Who May File Complaint to Establish Right or Title to Lands or Interest Therein. When any person, natural or artificial, claims, either in his own right or in any representative capacity whatsoever, to own any lands or any interest therein, and is in the actual, peaceable possession of the land, or if neither he nor any other person is in the actual possession of the lands and he holds, and has held, color of title to the lands, or interest so claimed, for a period of 10 or more consecutive years next preceding and has paid taxes on the lands or interest during the whole of such period, or if he, together with those through whom he claims, has held color of title and paid taxes on the land or interest so claimed during the whole of such period of time, or if he and those through whom he claims have paid taxes during the whole of such period of 10 years on the lands or interest claimed and no other person has paid taxes thereon during any part of said period, he may, if no action is pending to test his title to, interest in or his right to the possession of such lands, file a verified complaint in the circuit court of the county in which such lands lie against said lands and any and all persons claiming, or reputed to claim, any title to, interest in, lien, or encumbrance on said lands, or any part thereof, to establish the right or title to such lands or interest and to clear up all doubts or disputes concerning the same. (Acts 1923, No. 526, p. 699; Code 1923, §9912; Code 1940, T. 7, §1116; Acts 1951, No. 882, p. 1521, §1.)

Ala. Code § 6-6-561 Contents of Complaint.

6-6-561. Contents of Complaint. A complaint under this division must be brought against the land or the interest therein sought to be established. It must describe said land or the interest therein sought to be established, with certainty, and state specifically what claim, title, or interest in, or to, said lands the plaintiff claims to have and from whom and how such interest or title so claimed in, or to, said lands was obtained. It shall also make party or parties defendant to said complaint all persons against whom the plaintiff claims title to said lands, or the interest therein sought to be established, and if the names of such persons cannot be ascertained by the plaintiff with certainty, they may be designated and joined as unknown parties. Such complaint shall also make party or parties defendant thereto all persons who are known to the plaintiff to have had possession of said lands, or any part thereof, within 10 years next preceding the filing of the complaint, or who are known to the plaintiff to claim said lands, any part thereof or any interest therein, whether such interest be present, future, contingent, reversionary, or otherwise. Such complaint shall also make party or parties defendant thereto all persons who have at any time within 10 years next preceding the filing of the complaint assessed or paid any taxes upon said lands or any interest therein; provided, however, that those parties appearing in the chain of title who have voluntarily conveyed their interest or interests in said lands to the plaintiff or to those through whom the plaintiff derives title need not be made parties to said complaint. The ages and addresses of all defendants to the complaint shall be stated in the complaint, if known, and if any are known or suspected to be of unsound mind, this fact shall also be alleged. Should any of the persons mentioned in this section, at the time of the filing of the complaint, be deceased and such fact be known to the plaintiff, his heirs or devisees shall be made parties in his stead. Should the plaintiff, after exercising reasonable diligence, be unable to locate the whereabouts and to ascertain with certainty whether any such defendant is alive at the time of the filing of the complaint, the facts showing just what diligence the plaintiff has exercised must be specifically alleged in the complaint and such defendant may then be made a party in his name followed by the words: ”— and his heirs or devisees, if deceased,” and a valid judgment may be entered against such defendant, binding on both him and his heirs or devisees, regardless of whether it be later shown that such defendant was or was not living at the time of the filing of the complaint. (Acts 1923, No. 526, p. 699; Code 1923, §9913; Code 1940, T. 7, §1117; Acts 1951, No. 882, p. 1521, §2.)

Ala. Code § 6-6-562 Appointment of Guardians Ad Litem.

6-6-562. Appointment of Guardians Ad Litem. On the filing of a complaint as authorized under Section 6-6-560, should it appear that any of the defendants are infants or persons of unsound mind or should the identity of some, or all, of said defendants be unknown, the court shall forthwith appoint a guardian ad litem to represent and defend the interest of such infant, incompetent or unknown parties in the proceeding. (Acts 1951, No. 884, p. 1526.)

Ala. Code § 6-6-563 Service of Process.

6-6-563. Service of Process. If any of the parties set out in Section 6-6-562, whose names are known, reside in the State of Alabama, a copy of the complaint must be served upon them, in the same manner that process is served on defendants in civil actions. If any of the aforementioned parties reside out of the state and addresses are known, a summons, together with a copy of said complaint, shall be sent by the register or clerk of the court in which the proceeding is pending to such parties by registered or certified mail, postage prepaid, marked “For Delivery to Addressee Only,” and return receipt demanded, addressed to the register or clerk of the court in which the proceeding is pending. The publication notice provided in Section 6-6-564 shall in all respects serve as notice to unknown parties whose whereabouts are not known and parties who conceal themselves so that the process cannot be served on them, and no other advertising or other form of notice shall be required as to such parties. However, the register or clerk shall take the same form of affidavit as to such parties as is required under the Alabama Rules of Civil Procedure. (Acts 1923, No. 526, p. 699; Code 1923, §9914; Code 1940, T. 7, §1118; Acts 1951, No. 882, p. 1521, §3.)

Ala. Code § 6-6-564 Publication of Notice.

6-6-564. Publication of Notice. Notice of the pendency of the complaint provided for in Section 6-6-561 shall be drawn and signed by the register or clerk of the court in which the proceeding is pending, and the register or clerk shall have such notice published once a week for four consecutive weeks in some newspaper having general circulation and published in the county where the lands lie or, if no newspaper is published in said county, then in such a newspaper published in an adjoining county; if no such newspaper is published in an adjoining county, then in such a newspaper published in the county nearest to the county where said lands lie. Each circuit court in the state must prescribe, by a rule of the court or by a separate order made in each case, in what newspaper such publications may be made. (Acts 1923, No. 526, p. 699; Code 1923, §9915; Code 1940, T. 7, §1119.)

Ala. Code § 6-6-565 Time to Answer; Default Judgments.

6-6-565. Time to Answer; Default Judgments. All defendants shall have 30 days from the date of service to answer the complaint, and those served by publication shall have 30 days after the perfection of such service so to answer. In default of answers by any defendants, judgments by default shall be entered against them, in accordance with civil practice. (Acts 1923, No. 526, p. 699; Code 1923, §9914; Code 1940, T. 7, §1118; Acts 1951, No. 882, p. 1521, §3.)

Ala. Code § 6-6-566 Prima Facie and Conclusive Evidence of Title.

6-6-566. Prima Facie and Conclusive Evidence of Title. (a) Against all parties to the complaint who have made no answer thereto within the time allowed for such purpose and against all persons not intervening in said case and claiming an interest in said lands prior to the time the case became at issue, proof of actual, peaceable possession by the plaintiff and color of title to said lands in the plaintiff shall be conclusive evidence of title to said lands in the plaintiff. (b) Against all persons who have neither paid any taxes upon said lands nor had any possession thereof, or of any part thereof, during the five years next preceding the filing of the complaint, against all parties to the complaint who have made no answer thereto within the time allowed for such purpose and against all persons not intervening in said case and claiming an interest in said lands prior to the time the case became at issue, proof of color of title to said lands in the plaintiff or in the plaintiff and those through whom he claims title, and payment of taxes during said five-year period by the plaintiff or by the plaintiff and those through whom he claims title, or proof of exclusive payment of taxes by the plaintiff or by the plaintiff and those through whom he claims title, during said five-year period shall be prima facie evidence of title to said lands in the plaintiff. (c) Against all persons who have neither paid any taxes upon said lands nor had any possession thereof, or of any part thereof, during the 10 years next preceding the filing of the complaint, against all parties to the complaint who have made no answer thereto within the time allowed for such purpose and against all persons not intervening in said case and claiming an interest in said lands prior to the time the case became at issue, proof of color of title to said lands in the plaintiff or in the plaintiff and those through whom he claims title, and payment of taxes during said 10-year period by the plaintiff or by the plaintiff and those through whom he claims title, or proof of exclusive payment of taxes by the plaintiff or by the plaintiff and those through whom he claims title, during said 10-year period, shall be conclusive evidence of title to said lands in the plaintiff. (Acts 1923, No. 526, p. 699; Code 1923, §9919; Code 1940, T. 7, §1123; Acts 1951, No. 882, p. 1521, §6.)

Ala. Code § 6-6-567 Interest or Title to Be Shown by Legal Evidence.

6-6-567. Interest or Title to Be Shown by Legal Evidence. The allegations of the complaint shall not be taken as confessed for the failure of any person to answer the complaint, and in all cases, the interest or title sought to be established in or to the lands must be shown by legal evidence. (Acts 1923, No. 526, p. 699; Code 1923, §9920; Code 1940, T. 7, §1124.)

Ala. Code § 6-6-568 Intervention.

6-6-568. Intervention. Any person may, during the pendency of proceedings under this division, and at any time before the entry of the final judgment hereunder, intervene in said action and file a claim therein, and propound his title to the property described in the complaint or to the interest therein sought to be established. (Acts 1923, No. 526, p. 699; Code 1923, §9924; Code 1940, T. 7, §1128; Acts 1951, No. 882, p. 1521, §8.)

Ala. Code § 6-6-569 Judgment - Contents.

6-6-569. Judgment - Contents. If, upon the hearing of the case set out under Section 6-6-561, the title to the lands or any part of the lands described in the complaint or any interest claimed by the plaintiff, counterclaimant, or claimant, in said property, or any part thereof, be duly proved, the court shall adjudge the title to such property, or the interest therein, claimed in the complaint to be in the plaintiff, counterclaimant, or claimant, or partly in one and partly in the other, specifying the part in or to which each has title or interest, and such judgment shall be binding and conclusive on all parties made defendant in said case. (Acts 1923, No. 526, p. 699; Code 1940, T. 7, §1126; Acts 1951, No. 882, p. 1521, §7.)

Ala. Code § 6-6-570 Judgment - Recordation.

6-6-570. Judgment - Recordation. (a) The court, in the judgment, shall order that a certified copy of the judgment be recorded in the office of the judge of probate for the county in which the lands lie, and direct in whose names the judgment shall be indexed on the direct index and in whose names the judgment shall be indexed on the indirect index of the record. (b) Within 30 days after the judgment becomes final, with no possibility of post-trial motions or appellate review, the judge of probate shall accept from the prevailing counsel or party a certified copy of the judgment in the office of the judge of probate for record and tax the expense thereof as part of the cost of the case. The judge of probate shall record the copy in the same book and manner in which deeds are recorded and index the same as in the judgment ordered or directed. The judgment shall be binding upon all persons except as is provided in this division. (Acts 1923, No. 526, p. 699; Code 1923, §9923; Code 1940, T. 7, §1127; Act 2023-520, §1.)

Ala. Code § 6-6-571 Assessment of Costs.

6-6-571. Assessment of Costs. (a) The court may assess the cost of a hearing held pursuant to the terms of this division, including the fee of the guardian ad litem, to the plaintiffs, provided that if any defendant files counterclaims or any person intervenes, the cost shall be assessed by the court as justice may require. (b) In any case where it is found that the defendant fraudulently created the instrument that is sought to be canceled, the plaintiff shall be entitled to recover all costs, including reasonable attorney fees, incurred in bringing the action to cancel the instrument. (Acts 1951, No. 882, p. 1521; Act 2026-536, §4.)

Ala. Code § 6-6-572 To Whom Title or Interest Inures.

6-6-572. To Whom Title or Interest Inures. When title or interest is established in anyone under the provisions of this division, it shall inure to the benefit of all persons who derive title to said lands, or any interest, from or through the person in whose favor such title or interest is so established, and such title or interest shall be at all times treated and considered as though it had been established in favor of the person so procuring or deriving title. (Acts 1923, No. 526, p. 699; Code 1923, §9927; Code 1940, T. 7, §1131.)

Ala. Code § 6-6-573 Remedy and Procedure Cumulative.

6-6-573. Remedy and Procedure Cumulative. The remedy and procedure mentioned in this division shall be cumulative and not exclusive of any other proceedings to quiet title to real property. (Acts 1923, No. 526, p. 699; Code 1923, §9928; Code 1940, T. 7, §1132.)

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