Alabama Quiet Title Action Complaint and Lis Pendens

IN THE CIRCUIT COURT OF [____] COUNTY, ALABAMA

Case No.: CV-20[__]-[______]

VERIFIED COMPLAINT TO QUIET TITLE

(Ala. Code § 6-6-540 [In Personam] / § 6-6-560 [In Rem — Grove Act])

COMES NOW Plaintiff, [PLAINTIFF FULL NAME], by and through undersigned counsel, and files this Verified Complaint to Quiet Title against the above-named Defendants and the land described herein, and respectfully shows the Court as follows:

I. PARTIES, JURISDICTION, AND VENUE

1. Plaintiff is over the age of nineteen (19), of sound mind, and resides at / has its principal office at [________________________________].

2. Defendant [DEFENDANT 1] is, upon information and belief, an individual / entity residing or doing business at [________________________________], who claims, or may claim, an estate, interest, or encumbrance in the Subject Property adverse to Plaintiff.

3. Defendant [DEFENDANT 2] is, upon information and belief, [________________________________].

4. The "in rem" defendants — THE LAND DESCRIBED IN THE COMPLAINT and ALL PERSONS CLAIMING ANY PRESENT, FUTURE, CONTINGENT, REMAINDER, REVERSION, OR OTHER INTEREST IN SAID LAND — are joined pursuant to Ala. Code § 6-6-560 (Grove Act), and include all unknown heirs, devisees, assigns, successors, and lienholders.

5. This Court has subject matter jurisdiction pursuant to Ala. Code §§ 6-6-540 and 6-6-560.

6. Venue is proper in [____] County pursuant to Ala. Code § 6-3-2(b)(1), as the Subject Property is situated in [____] County, Alabama.

II. THE SUBJECT LAND

7. The real property at issue (the "Subject Property") is located in [____] County, Alabama, and is described as follows:

Legal Description:
[________________________________________________________________
________________________________________________________________
________________________________________________________________]

Tax Parcel ID: [____________]
Street Address (reference only): [________________________________]
Plat reference: [______________]

III. PEACEABLE POSSESSION AND CLAIM OF TITLE

8. Plaintiff is in the actual, peaceable possession of the Subject Property, claiming to own the same in fee simple.

9. ☐ [For § 6-6-540 actions] Plaintiff's possession is peaceable (not scrambling or disputed), and Plaintiff's title is denied or disputed by Defendants.

10. ☐ [For § 6-6-560 actions — Alternative pleading] In the alternative, no person is in actual possession of the Subject Property, and Plaintiff (together with those through whom Plaintiff claims) has held color of title to the Subject Property and paid taxes thereon for at least ten (10) consecutive years next preceding the filing of this Complaint, specifically tax years [____] through [____].

11. There is no other suit or proceeding pending in any court to enforce or test the validity of Plaintiff's title, claim, or encumbrance to the Subject Property.

12. Plaintiff acquired title by [Warranty Deed / Statutory Warranty Deed / Quitclaim Deed / Executor's Deed / Tax Deed / Other: ______] dated [__/__/____], from [______], recorded on [__/__/____] in the Office of the Judge of Probate of [____] County, Alabama, in [Deed Book / Real Property Book] [____], Page [____] (Instrument No. [______]).

IV. ADVERSE CLAIMS / CLOUDS ON TITLE

13. Defendants claim or may claim some right, title, interest, estate, or encumbrance in the Subject Property adverse to Plaintiff, including:

☐ A deed dated [__/__/____], recorded in [Deed Book/Real Property Book] [____], Page [____], purportedly conveying an interest to [______].

☐ A mortgage dated [__/__/____], recorded in Mortgage Book [____], Page [____], in favor of [______], for which the underlying debt has been satisfied, paid, or barred by the statute of limitations (Ala. Code § 6-2-33 — Twenty-Year Rule of Repose).

☐ A judgment lien recorded against [______] in [____] County (Judgment Roll No. [______]).

☐ Claims of unknown heirs / devisees of [DECEASED OWNER], who died on [__/__/____].

☐ A defective description, missing acknowledgment, or scrivener's error.

☐ A break in the chain of title between [______] and [______].

☐ A purported easement, restrictive covenant, or right-of-way recorded as [______].

☐ A tax deed issued by the State of Alabama Department of Revenue or [____] County.

☐ Other: [________________________________].

14. Plaintiff has demanded that Defendants release or disclaim their adverse claims, but Defendants have failed or refused, requiring judicial intervention.

V. FIRST COUNT — IN PERSONAM QUIET TITLE (Ala. Code § 6-6-540)

15. Plaintiff incorporates the foregoing paragraphs by reference.

16. Pursuant to Ala. Code § 6-6-540, Plaintiff, being in peaceable possession of the Subject Property and claiming to own the same, where the title is denied or disputed by Defendants, files this Complaint to settle the title to the Subject Property and clear up all doubts and disputes concerning the same.

17. There is no suit pending to enforce or test the validity of Plaintiff's title, claim, or encumbrance.

VI. SECOND COUNT (ALTERNATIVE) — IN REM QUIET TITLE / GROVE ACT (Ala. Code § 6-6-560)

18. Plaintiff incorporates the foregoing paragraphs by reference.

19. In the alternative, pursuant to Ala. Code § 6-6-560 (the "Grove Act"), Plaintiff brings this in rem action against the land itself and against all persons, known or unknown, claiming any present, future, contingent, remainder, reversion, or other interest in the Subject Property.

20. Plaintiff respectfully requests that the Court appoint a Guardian ad Litem pursuant to Ala. Code § 6-6-563 to represent the interests of unknown, infant, or incompetent parties.

VII. THIRD COUNT (ALTERNATIVE) — ADVERSE POSSESSION (Ala. Code § 6-5-200)

21. Plaintiff incorporates the foregoing paragraphs by reference.

22. In the further alternative, Plaintiff and Plaintiff's predecessors in title have been in actual, open, notorious, hostile, exclusive, and continuous adverse possession of the Subject Property under claim of right for:

☐ Ten (10) years, with the following elements per Ala. Code § 6-5-200(a):
(1) Plaintiff held color of title (deed or other instrument purporting to convey title), AND
(2) Plaintiff has annually listed and paid taxes on the Subject Property for ten (10) consecutive years (tax years [____] through [____]), AND
(3) Plaintiff derives title by descent cast or devise from a predecessor in title who was in possession of the Subject Property.

☐ Twenty (20) years by adverse possession at common law (statutory prescription), satisfying Ala. Code § 6-2-33's twenty-year rule of repose.

23. Acts evidencing Plaintiff's adverse possession include: [enclosure by fence / cultivation / improvements / residence / timber harvesting / payment of taxes / posted signs / other: ______].

VIII. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for relief as follows:

A. That this Court take jurisdiction of the cause and of the Subject Property;

B. That the Court appoint a Guardian ad Litem to represent any unknown, infant, or incompetent parties;

C. That the Court adjudge and decree that Plaintiff is the owner in fee simple of the Subject Property, free and clear of any right, title, estate, interest, lien, or encumbrance of the Defendants and any unknown persons;

D. That the Court forever bar and enjoin Defendants and all unknown persons from asserting any claim adverse to Plaintiff's title;

E. That the recorded instruments identified in Paragraph 13 be cancelled, vacated, and removed as clouds on Plaintiff's title;

F. That the final decree be recorded in the Office of the Judge of Probate of [____] County as part of the chain of title;

G. For costs and such other and further relief as the Court deems just, proper, and equitable.

Respectfully submitted this [____] day of [__________], 20[____].

[________________________________]
[Attorney Name] (Bar No. [______])
[Firm Name]
[Address] · [Phone] · [Email]
Attorney for Plaintiff

VERIFICATION

STATE OF ALABAMA )
) ss.
COUNTY OF [____] )

Before me, the undersigned authority, personally appeared [PLAINTIFF FULL NAME], who, being by me first duly sworn, deposes and states: I am the Plaintiff in the foregoing action; I have read the foregoing Verified Complaint and know the contents thereof; and the facts stated therein are true and correct to the best of my knowledge, information, and belief.

[________________________________]
[Plaintiff Signature]

Sworn to and subscribed before me this [____] day of [__________], 20[____].

[________________________________]
Notary Public — State of Alabama
My commission expires: [__/__/____]

[SEAL]

NOTICE OF LIS PENDENS

(Ala. Code § 35-4-130 and § 35-4-131)

STATE OF ALABAMA )
) IN THE CIRCUIT COURT OF [____] COUNTY
COUNTY OF [____] ) Case No. CV-20[__]-[______]

TO: The Judge of Probate of [____] County, Alabama, and to all persons interested.

NOTICE IS HEREBY GIVEN, pursuant to Ala. Code § 35-4-130, that an action affecting title to real property has been commenced and is now pending in the Circuit Court of [____] County, Alabama, in the case of:

[PLAINTIFF NAME], Plaintiff, v. [DEFENDANT NAMES], THE LAND DESCRIBED HEREIN, and ALL PERSONS CLAIMING ANY INTEREST IN SAID LAND, Defendants.

Case Number: [____________]
Date of Filing: [__/__/____]

Object of the Action: Quiet Title pursuant to Ala. Code §§ 6-6-540 / 6-6-560.

Real Property Affected (situated in [____] County, Alabama):

[INSERT FULL LEGAL DESCRIPTION]

Tax Parcel ID: [____________]
Street Address (reference only): [________________________________]

This Notice of Lis Pendens is filed for recordation in the Lis Pendens Record maintained by the Judge of Probate, as required by Ala. Code § 35-4-131. From the time of filing, this Notice shall constitute notice to all persons of the pendency of the above-described action.

Dated: [__/__/____]

[________________________________]
[Attorney Name], Bar No. [______]
[Firm Name] — Attorney for Plaintiff
[Address] · [Phone] · [Email]

STATE OF ALABAMA )
) ss.
COUNTY OF [____] )

I, the undersigned authority, hereby certify that [Attorney Name], whose name is signed to the foregoing Notice of Lis Pendens, and who is known to me, acknowledged before me on this day that, being informed of the contents of the Notice, he/she executed the same voluntarily on the day the same bears date.

Given under my hand and official seal this [____] day of [__________], 20[____].

[________________________________]
Notary Public — State of Alabama
My commission expires: [__/__/____]

[SEAL]

SUMMONS

IN THE CIRCUIT COURT OF [____] COUNTY, ALABAMA
Case No. CV-20[__]-[______]

TO THE DEFENDANT(S): [DEFENDANT NAME(S)]

THE COMPLAINT WHICH IS ATTACHED TO THIS SUMMONS IS IMPORTANT AND YOU MUST TAKE IMMEDIATE ACTION TO PROTECT YOUR RIGHTS. You or your attorney are required to file the original of your written Answer, either admitting or denying each allegation in the Complaint, with the Clerk of this Court. A copy of your Answer must be served on Plaintiff's attorney named below.

THIS ANSWER MUST BE MAILED OR DELIVERED WITHIN THIRTY (30) DAYS AFTER THIS SUMMONS AND COMPLAINT WERE DELIVERED TO YOU, or a judgment by default may be entered against you for the money or other things demanded in the Complaint.

Dated: [__/__/____]

[________________________________]
Clerk of the Circuit Court
[____] County, Alabama

[________________________________]
[Attorney Name], Bar No. [______]
Attorney for Plaintiff

SERVICE BY PUBLICATION

(Ala. R. Civ. P. 4.3; Ala. Code § 6-6-562)

A. Affidavit for Service by Publication

STATE OF ALABAMA )
COUNTY OF [____] ) ss.

I, [AFFIANT NAME], being duly sworn, depose and state:

1. I am [Plaintiff's attorney / Plaintiff] in the above-styled action.

2. Defendant(s) [______] is/are believed to be a nonresident(s) of the State of Alabama, OR after diligent inquiry, his/her residence is unknown.

3. The following efforts to locate and serve Defendant(s) have been made:

☐ Searched the records of the Judge of Probate of [____] County.
☐ Searched Alabama Secretary of State business filings.
☐ Searched Alabama Department of Revenue and county Revenue Commissioner records.
☐ Searched alacourt.com Public Access records.
☐ Commercial skip-trace search performed on [__/__/____].
☐ Inquiry of relatives, neighbors, and last known employer.
☐ Probate records and death certificates reviewed for deceased owners.
☐ Certified mail sent to last known address(es): [______]; result: [______].
☐ Service attempted by Sheriff/Process Server on [__/__/____]; result: [______].
☐ Other: [________________________________].

4. After diligent inquiry, the Defendant(s)'s whereabouts are unknown or he/she is avoiding service.

5. Unknown parties may claim an interest in the Subject Property as alleged in the Verified Complaint.

[________________________________]
[Affiant Signature]

Sworn to and subscribed before me this [____] day of [__________], 20[____].

[________________________________]
Notary Public — State of Alabama

B. Form of Published Notice

IN THE CIRCUIT COURT OF [____] COUNTY, ALABAMA
Case No. CV-20[__]-[______]

[PLAINTIFF NAME], Plaintiff, v. [DEFENDANT NAMES], THE LAND DESCRIBED IN THE COMPLAINT, and ALL PERSONS CLAIMING ANY INTEREST IN SAID LAND, Defendants.

TO THE DEFENDANTS ABOVE-NAMED, AND TO ALL PERSONS CLAIMING ANY INTEREST IN THE BELOW-DESCRIBED LAND:

You are hereby notified that a Verified Complaint to Quiet Title has been filed against you in the above Court, concerning the following real property located in [____] County, Alabama: [ABBREVIATED LEGAL DESCRIPTION].

You must file an Answer with the Clerk and serve a copy on Plaintiff's attorney within thirty (30) days after the last date of publication of this Notice, or a judgment by default may be entered against you for the relief demanded in the Complaint.

[Attorney Name, Bar No., Firm, Address, Phone]

Dates of Publication (once a week for four consecutive weeks): [__/__/____] · [__/__/____] · [__/__/____] · [__/__/____]

TITLE SEARCH AND CHAIN-OF-TITLE EXHIBIT

(Exhibit A — Required Attachment)

Chain of Title

Encumbrances / Clouds to Be Removed

Tax Payment History (Ala. Code § 6-5-200 / § 6-6-560)

Sources and References

• Ala. Code § 6-6-540 et seq. — Quiet Title (https://law.justia.com/codes/alabama/title-6/chapter-6/article-15/)
• Ala. Code § 6-6-560 et seq. — Grove Act (In Rem)
• Ala. Code § 6-5-200 — Adverse Possession
• Ala. Code § 6-2-33 — Twenty-Year Rule of Repose (common law)
• Ala. Code § 35-4-130, § 35-4-131 — Lis Pendens
• Ala. R. Civ. P. 4, 4.3, 81(a)(5)
• Bradley v. Demos, 599 So. 2d 1148 (Ala. 1992)
• Historic Blakeley Found., Inc. v. Williams (Ala. 2009) — § 6-6-560 elements

Disclaimer: This template does not constitute legal advice. Alabama quiet title actions have strict jurisdictional prerequisites — particularly "peaceable possession" for § 6-6-540 actions, and absence of any pending litigation. Misuse of quiet title where ejectment is the proper remedy will defeat the action. Engage a licensed Alabama attorney before filing.