Title 35 — Title 35
0 chapters · 835 sections in this title.
Ala. Code § 35-3-1 Proceedings Authorized; Conclusiveness of Established Lines
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In addition to any other proceeding authorized under the laws of this state which establish or determine disputed land lines or boundaries between coterminous owners, the following proceedings may be had in the circuit court; but the remedy hereby given shall not be exclusive of …
Ala. Code § 35-3-2 Right to Maintain Action; Duty of Court to Determine Claims and Make
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Order. Actions may be brought by any person owning land or any interest therein against the owner or person interested in adjoining land to have the boundary lines established; and when the boundary lines of two or more tracts depend upon the same common point, line, or landmark,…
Ala. Code § 35-3-20 Order for Survey on Motion of Court
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(a) Whenever in any action pending in the circuit court it is pertinent and material to the determination of the issue or issues therein or to the proper entering of a description in the judgment therein to establish or fix a disputed land line or boundaries between coterminous l…
Ala. Code § 35-3-21 Order for Survey on Motion of Party - Filing; Notice to Show Cause;
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Continuance. (a) Any party to such action may file a motion therein stating the reasons why such a survey should be made and praying that the court appoint a competent surveyor or surveyors to make such survey; and, upon presenting said motion to the judge of the court he shall e…
Ala. Code § 35-3-22 Order for Survey on Motion of Party - Appointment of Surveyor; Costs
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Generally. If no objection is made to the making of such survey, or the court is of the opinion that such objection as made is not well taken and that such survey is pertinent and material to the determining of the issues in said action, or to enable the court to properly enter a…
Ala. Code § 35-3-23 Order for Survey on Motion of Party - Deposit of Costs
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In the event a party to such action petitions for such survey and offers to pay the cost of the same and it appears that such survey is pertinent to the determination of the issue or issues of said action or is essential to the proper entering of an order therein, the court shall…
Ala. Code § 35-3-24 Duty of Surveyor to Make Survey; Report, Map, or Plat
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Such surveyor or surveyors shall promptly make the survey as directed by the court and file in said action a map or plat, if practical, of such survey and a full and definite report thereof, which report shall be under oath; and such surveyor shall appear on such day as is fixed …
Ala. Code § 35-3-25 Compensation of Surveyor; Provisions of Article Not Exclusive
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In fixing the compensation of the surveyor or surveyors, the court may do so by an agreement or by allowing the usual compensation for such professional services. The provisions of this article are not exclusive and shall in no way affect any existing law relative to the power of…
Ala. Code § 35-3-3 Judgment; Landmarks
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The judgment shall locate and define the boundary lines involved by reference to well-known permanent landmarks, and if it shall be deemed for the interest of the parties, after the entry of judgment, the court may direct a competent surveyor to establish a permanent stone or iro…