This case involves a property dispute between two neighboring condominium associations, Phoenix East Association, Inc. ("Phoenix East") and Perdido Dunes Tower Condominium Association, Inc., a Master Association ("Perdido Dunes"). The dispute centers on a two-and-a-half-foot-wide strip of land between their properties. Perdido Dunes claimed it had acquired title to the disputed property through adverse possession. Phoenix East disagreed, asserting that Perdido Dunes had only used the property with Phoenix East's permission.
The Baldwin Circuit Court held a bench trial and ruled in favor of Perdido Dunes, granting it a prescriptive easement over the disputed property. Phoenix East appealed this decision, arguing that the Alabama Uniform Condominium Act prohibited the trial court from awarding Perdido Dunes a prescriptive easement on Phoenix East's property. Phoenix East also contended that Perdido Dunes did not adequately prove adverse use or claim of right, which are two elements of a prescriptive easement.
The Supreme Court of Alabama affirmed the lower court's decision. The court found that the Condominium Act did not categorically bar judicially imposed prescriptive easements. It also found that there was sufficient evidence of a prescriptive easement, as Perdido Dunes had used the premises for a period of twenty years or more, adversely to the owner of the premises, under claim of right, exclusive, continuous, and uninterrupted, with actual or presumptive knowledge of the owner. Lastly, the court ruled that Perdido Dunes was not required to join every unit owner to the litigation, as the Condominium Act specifically contemplates that condominium associations will represent their individual members in litigation. View "Phoenix East Association, Inc. v. Perdido Dunes Tower Condominium Association, Inc." on Justia Law
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