The elements essential to establishing a prescriptive title are in general the same as those for acquiring land by adverse possession--open and notorious use, continuous and uninterrupted for the requisite period, hostile to the true owner, exclusive, and under a claim of right. Payment of taxes need not be shown, however, unless the easement is assessed separately from the land.
Alabama Statute
Section 6-5-200
When title to land conferred or defeated; when claim may be defended or prosecuted; construction of section.
(a) Adverse possession cannot confer or defeat title to land unless:
(1) The party setting it up shall show that a deed or other color of title purporting to convey title to him has been duly recorded in the office of the judge of probate of the county in which the land lies for 10 years before the commencement of the action;
(2) He and those through whom he claims shall have annually listed the land for taxation in the proper county for 10 years prior to the commencement of the action if the land is subject to taxation; or
(3) He derives title by descent cast or devise from a predecessor in the title who was in possession of the land.
(b) If the period during which the party's deed or color of title has been on record, added to the time during which the deeds or color of title of those through whom he claims have been on record, amounts to 10 years, he may defend or prosecute on his adverse possession, and an inadvertent failure to list the land for taxation, any unintentional mistake in the description of the assessment or unintentional omission of any part of it from the assessment during the period of 10 years shall not bar the party of his action or defense on his adverse possession.
(c) This section shall not be construed to affect in any way a title perfect by adverse possession before the adoption of this Code, nor to deprive any person of his rights under Sections 6-6-286 through 6-6-289, nor to affect cases involving a question as to boundaries between coterminous owners.
(Code 1896, §§1541-1546; Code 1907, §2830; Code 1923, §6069; Code 1940, T. 7, §828.)
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