On April 11, 2025, the Alabama Court of Civil Appeals issued an opinion in Rayonier Forest Resources, LP v. Hudson, CL-2025-0003, in which it clarified Alabama law on how timberland owners and management companies can establish boundaries and prove adverse possession as part of a boundary-line dispute.
Timberland owners can establish property boundaries and prove adverse possession in Alabama by consistently marking and maintaining boundary lines, such as using painted trees and signage, even if the land is not actively harvested, as long as that use is consistent with the nature of the land.
The chief issue in the case concerned whether Rayonier had shown adverse possession of a disputed portion of property along the boundary with its neighbor. The plaintiffs alleged that Rayonier had not adversely possessed the land because it had not harvested the timber on the disputed low-lying tract. Rayonier was able to prove at trial that it had managed its property by painting trees and posting signs along what it believed was its property line and had done so for over 20 years, but the trial court held this was insufficient to establish adverse possession.
The appellate court reversed. In its opinion, the appeals court reaffirmed that the use of property that is required by a party claiming adverse possession must depend on the nature of the property and on what is feasible.
Because Rayonier had shown that the disputed parcel was low-lying land where harvesting timber was rarely practical, the appellate court held it was enough that Rayonier had consistently marked its asserted boundary with paint on the trees and with signage asserting its ownership.
