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Home » US Law » 2022 Code of Alabama » Title 6 - Civil Practice. » Chapter 5 - Actions. » Article 13 - Real Property Actions Generally.

Section 6-5-210 – Rights Above and Below Surface.

Section 6-5-210 Rights above and below surface. The owner of realty having title downwards and upwards indefinitely, any unlawful interference with his rights, below or above the surface alike, gives him a right of action. (Code 1907, §2457; Code 1923, §5663; Code 1940, T. 7, §87.)

Section 6-5-211 – Slander of Title.

Section 6-5-211 Slander of title. The owner of any estate in lands may commence an action for libelous or slanderous words falsely and maliciously impugning his title. (Code 1907, §2459; Code 1923, §5665; Code 1940, T. 7, §89.)

Section 6-5-212 – Bare Right of Possession.

Section 6-5-212 Bare right of possession. The bare right of possession to lands authorizes their recovery by the owner of such right and also damages for the withholding of the right. (Code 1907, §2453; Code 1923, §5659; Code 1940, T. 7, §83.)

Section 6-5-213 – Bare Possession.

Section 6-5-213 Bare possession. The bare possession of land authorizes the possessor to recover damages from any person who wrongfully, in any manner, interferes with such possession. (Code 1907, §2454; Code 1923, §5660; Code 1940, T. 7, §84.)

Section 6-5-214 – Action for Trespass by Person Having Bare Title.

Section 6-5-214 Action for trespass by person having bare title. The person having title to lands, if no one is in actual possession under the same title with him, may commence an action for trespass thereon; and if a tenant is in possession and the trespass is such as injures the freehold, the owner, a […]

Section 6-5-215 – When Possession Disputed.

Section 6-5-215 When possession disputed. Where two persons claim to have actual possession of the same land, he is deemed in possession who has the legal title, and the other is a trespasser. (Code 1907, §2456; Code 1923, §5662; Code 1940, T. 7, §86.)

Section 6-5-217 – Damages for Continuous Trespass.

Section 6-5-217 Damages for continuous trespass. Damages for continuous trespass are limited to those which have occurred before and up to the trial. Subsequent damages flowing from a continuance of the trespass give a new cause of action. (Code 1907, §2460; Code 1923, §5666; Code 1940, T. 7, §90.)