# Silas v. McGuire

> Court of Civil Appeals of Alabama · January 30, 1998 · 709 So. 2d 1272

URL: https://www.frixlaw.com/law-library/cases/7714086

## Case

- **Full name:** James E. Silas and Carole L. Silas v. Gary E. McGuire, Dorothy Messer, and Roy Messer.
- **Court:** Court of Civil Appeals of Alabama
- **Decided:** January 30, 1998
- **Citations:** 709 So. 2d 1272; 1998 Ala. Civ. App. LEXIS 94; 1998 WL 32574
- **Precedential status:** Published
- **Opinion:** Concurrence by Crawley
- **Judges:** Wright, Yates, Robertson, Monroe, Crawley, Thompson
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7714086

## Opinion text

CRAWLEY, Judge,
concurring in the result.
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], must prove open, notorious, hostile, continuous, and exclusive possession for only ten years. [They] need not prove either a deed or color of title to the property, annual listings for taxation, or descent or devise from a predecessor in order to maintain [their] claim. Mardis v. Nichols, 393 So.2d 976 (Ala.1981).”
Tidwell v. Strickler, 457 So.2d 365, 368 (Ala.1984). See also, Godwin Enterprises, Inc. v. Taylor, 540 So.2d 703 (Ala.1988); Lee v. Brown, 482 So.2d 293 (Ala.1985).
ROBERTSON, P.J., and MONROE and THOMPSON, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7714086. Public record. Not legal advice.