Legal Opinion · Concurrence

Silas v. McGuire

Court of Civil Appeals of Alabama

Decided January 30, 1998No. 2961134Published

1ConcurrenceCrawley, Judge

I agree with Judge Wright that the trial court did not err in its judgment establishing the boundary line and that the Silases did not prove that they adversely possessed the disputed property. I disagree with Judge Wright’s statement that the Silases are required to prove 10 years of possession and color of title, payment of taxes, or descent or devise. The caselaw does not require proof of the latter.

In a boundary-line dispute between coterminous landowners, such as this one, where adverse possession is an issue, our supreme court has held:

“[A] coterminous landowner, like [the Si-lases],…

2Cases cited4 opinions

  1. Tidwell v. StricklerSupreme Court of Alabama · 1984
  2. Mardis v. NicholsSupreme Court of Alabama · 1981
  3. Lee v. BrownSupreme Court of Alabama · 1985
  4. Godwin Enterprises, Inc. v. TaylorSupreme Court of Alabama · 1988

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