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Alabama · Through Act 2026-611

Ala. Code § 6-6-540: Right of Action to Settle Title to Lands by Person in Peaceable Possession; Expedited Quiet Title Actions for Fraudulent Conveyances.

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Where this section sits in the code
  1. Title 6 Civil Practice.
  2. Chapter 6 Remedies.
  3. Article 12 Quieting Title and Determination of Claims to Land.
  4. Division 1 Proceedings in Personam.

(a) When any person is in peaceable possession of lands, whether actual or constructive, claiming to own the same, in his or her own right or as a personal representative or guardian, and his or her title or any part thereof is denied or disputed or any other person claims or is reputed to own the same, any part thereof, or any interest therein or to hold any lien or encumbrance thereon and no action is pending to enforce or test the validity of the title, claim, or encumbrance, the person or his or her personal representative or guardian in possession may commence an action to settle the title to such lands and to clear up all doubts or disputes concerning the same.

(b)(1) An expedited quiet title action against a parcel of real property may be maintained under this article based on a fraudulent title conveyance allegation. All actions to quiet title based on fraudulent title conveyance allegations must be brought in the circuit court where the real property is located which shall have equitable jurisdiction pursuant to Section 12-11-31.

(2)a. A petitioner bringing an action to quiet title based on fraudulent title conveyance allegations is entitled to an expedited procedure. The court shall set the date, time, and place for a preliminary hearing on the petition no later than 30 days from service of the complaint.

b. In an expedited action to quiet title under this section, when the court determines that an attempt was made to fraudulently convey the land at issue from a plaintiff who had legal title to the land before the conveyance, the court shall quiet title in and award the plaintiff with the same title and rights to the land that the plaintiff enjoyed before the attempted conveyance.

(3) A petitioner may file a single petition with the clerk of the circuit court for the judicial circuit in which the subject property is located for an order to quiet title and expedite an action to invalidate a fraudulent instrument to one or more parcels of real property under this section. The petition shall identify each parcel by its legal description, tax parcel number, and street address, if available.

(4) The Administrative Office of Courts shall provide a simplified form for the filing of a complaint to quiet title based on a fraudulent title conveyance allegation and instructions for completing the form.

Collected 2026-10-10T05:40:44Z. Source file · JSON

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