Section 6-6-540Right of action to settle title to lands by person in peaceable possession thereof.
When any person is in peaceable possession of lands, whether actual or constructive, claiming to own the same, in his own right or as personal representative or guardian, and his title thereto, 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 such title, claim, or encumbrance, such person or his personal representative or guardian, so in possession, may commence an action to settle the title to such lands and to clear up all doubts or disputes concerning the same.
(Code 1896, §809; Code 1907, §5443; Code 1923, §9905; Code 1940, T. 7, §1109.)
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In the context of Section 6-6-540, this statute delineates the right of action for an individual who is in peaceable possession of lands, whether through actual or constructive means. This person asserts a claim to ownership either in their own right, as a personal representative, or as a guardian. The crucial element triggering this legal recourse is the denial or dispute of their title, or when another party asserts ownership, claims reputation to it, or alleges an interest or lien on the property.
The absence of a pending action to validate the title, claim, or encumbrance in question is a prerequisite for the person in possession to initiate legal proceedings. This provision aims to provide a mechanism for resolving disputes and uncertainties surrounding land ownership, allowing for the settlement of titles and the clarification of any doubts or disputes concerning the property.
Historically, this section has evolved through various legal codes, including the Code of 1896, Code of 1907, Code of 1923, and Code of 1940, reflecting its enduring relevance in the legal landscape. It falls within Title 7, Section 1109 of the Code, emphasizing its place within the statutory framework governing real property matters.
In summary, Section 6-6-540 empowers individuals in peaceable possession of lands to initiate legal actions, aiming to settle title disputes and address any challenges to ownership, thus contributing to the overall clarity and stability of property rights.
