Alabama Court Affirms that Marking Can Establish Timberland Adverse Possession

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. 

About Our Authors

Aaron McLeod is a Litigation and Appellate Partner in the Adams & Reese Birmingham office. Aaron focuses his practice on appellate litigation and dispositive-motion briefing. He has represented clients in appeals before the Alabama Supreme Court, the Eleventh, Sixth, and Fifth Circuit Courts of Appeal, the Texas trial and appellate courts, and the United States Supreme Court, and has served as appellate counsel for clients in Alabama and Texas. In addition to commercial litigation, Aaron is experienced in personal injury, construction defects, and professional malpractice cases. He has published on Alabama legal-malpractice law for the ABA Professional Liability Litigation Committee.

April Smith serves as the Adams & Reese Real Estate Team Leader and as a leading member of the firm’s Forestry practice. April has a nationwide timber practice, handling deals from Florida to Washington. April represents TIMOs, REITs, financial institutions, businesses, and individuals in a wide range of transactions, including timberland and commercial property acquisitions and sales, timberland and commercial financing, mergers and acquisitions, and business sales. She has handled acquisitions and sales of timberlands from 20 acres to as much as 1.8 million acres and financings of credit facilities with timberland or commercial collateral ranging in size from $75,000 to over $100 million. In addition to acquisitions and divestures, April handles all facets of the legal side of timberland management, including pipeline and utility rights of ways, access rights, title issues, solar, wind and carbon agreements.