Supreme Court of Alabama Case 1130875

 

In other states, uses of easements made

pursuant to licenses are not adverse,

 nor are uses made pursuant to servitudes

created expressly, by implication, or by necessity.

 

HOWEVER

 

In Alabama, uses of such easements can be

held to be adverse and can result in a

landowner losing his or her property rights.

 

 

Legislation is needed to resolve this problem.  (0.03 MB)

 

A bill (HB626) was introduced during

the 2015 session of the Legislature.  (0.03 MB)

 

Overview of Case 1130875  (0.02 MB)

 

  Appellant's Brief  (0.21 MB)

  Appellee's Brief  (0.63 MB)

  Appellant's Reply Brief  (3.35 MB)

  Decision  (0.02 MB)

  Application for Rehearing  (0.08 MB)

  Judgment  (0.02 MB)

 

  Record on Appeal Volume-1  (12.49 MB)

  Record on Appeal Volume-2  (17.58 MB)

  Record on Appeal Volume-3  (13.01 MB)

  Record on Appeal Volume-4  (0.81 MB)

  Record on Appeal Supplement-1 Volume-1  (12.56 MB)

  Record on Appeal Supplement-1 Volume-2  (8.63 MB)

  Record on Appeal Supplement-2 Volume-1  (1.23 MB)