Q: My father has allowed his brother to live on his land for over 20 years.
My parents have paid the property tax on the land all this time. Someone else currently lives on the land. Does my uncle have a legit claim to adverse possession under Alabama law?
A: The answer is that "it depends" on whether you can prove he resided there with permission. Also, there are some very specific rules regarding AP and how those rights can be asserted. You will need to speak to an attorney experienced with AP issues in order to understand everyone's rights and obligations regarding the property, and how you might be able to enforce those rights and obligations. The attorney needs to be able to sit with you, and have a conversation during which you can both ask and answer questions about the facts of possession and exercise of control. There's a lot more that can affect rights and obligations than just who currently lives there and who pays the taxes.
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