Albertville, AL asked in Personal Injury, Real Estate Law, Animal / Dog Law and Civil Litigation for Alabama

Q: Myself and 8 others own an undivided lot lot with boathouses and lake access. a new is using the lot. Can he w/o permi?

The new neighbor lives adjacent to our undivided lot and got the idea if he kept it up then they could use it for extra room when having get togethers. I am concerned about injuries and them claiming the lot for themselves since they kept it up and used it for all those years. Am I correct in my reasoning and concerns?

Also owner turned her home into a b &b after her parents passed. I am concerned about liability here as well. Also, the rest of the owners are unhappy about renters being here. She lives practically across the street with lake access and boathouse that she could use. If not and there is additional liability exposure because it is a rental I believe she needs to pay it.

It's a couple of issues that need clarification and an attorney's letter explaining the issues

2 Lawyer Answers
Randy Bryan Ligh
Randy Bryan Ligh
Answered

A: I believe you have answered you question: contact an attorney in your area, discuss your situation and/or give him the above post, and ask what to do/what does he recommend.

Nelson Craig Johnson
Nelson Craig Johnson
Answered
  • Cullman, AL
  • Licensed in Alabama

A: I believe based on the facts listed above your concerns are valid. I would suggest communicating with an attorney so that they can give you more individualized advise. However, there is a concept in Alabama called adverse possession. To give a very simplistic explanation, if you maintain use of a property and hold it out to be your own in an open and obvious way for a period of 20 years that property can be claimed as your own under adverse possession. So depending on how long this has been occurring that does pose a risk to your property rights.

Additionally, a trespasser that is injured on your property has limited rights to bring a claim against you, but there are still limited circumstances which they could bring a claim against you under Alabama law.

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