State Supreme Court Rules In Favor of Perdido Dunes Over Phoenix Rentals

OBA Staff • June 11, 2024

State Court used "Squatters' Rights" in awarding sliver of land


Perdido Dunes Lawsuit

Orange Beach, Ala. – (OBA) – Hidden between Phoenix East and Phoenix VIII is a slender building named Perdido Dunes. For many years Perdido Dunes has been using a two-and-a-half-foot strip of land owned by Phoenix Rentals. The long beachfront battle between Orange Beach condominiums has been settled, with the Alabama Supreme Court confirming a new tower is entitled to squatter's rights.


The Perdido Dunes condominium association in Orange Beach, Alabama, claimed squatting rights on a section of beachfront property. This case revolved around the principle of adverse possession, where the association maintained and used the property over an extended period without the owner's permission.


The case escalated through the legal system, eventually reaching the Alabama Supreme Court. The primary legal question was whether the condominium association's long-term use and improvement of the property constituted adverse possession under Alabama law.


The Alabama Supreme Court affirmed the condominium association's rights, upholding the lower court's decision. The ruling confirmed that the association had met the criteria for adverse possession, including continuous and exclusive use of the property for the statutory period.


Does Alabama have squatters' rights? According to Hemlane Property Management, In Alabama, for a squatter to make an adverse possession claim on a property, they must occupy the land continuously for 20 years. The possession must also be actual, open, notorious, exclusive, hostile, and under claim of right. This means the squatter must physically live on or make regular use of the property, in an obvious and public way, preventing the owner or others from using it themselves. The squatter's use should clearly indicate they are claiming ownership and not trying to hide their occupation.


If the squatter meets all the requirements of adverse possession for 20 years, they can gain legal title to the property, even without the original owner's permission. At that point, the squatter becomes the rightful owner in the eyes of Alabama law.


In this case, the Alabama Supreme Court upheld the judgment granting Perdido Dunes a prescriptive easement over the disputed property. This decision may have significant implications for property rights in Alabama, particularly concerning beachfront properties. It underscores the importance of property owners actively monitoring and maintaining their properties to prevent adverse possession claims.


Share this article w/ Friends...

Coastal Alabama Food Truck and Beer Festival Set to Return to Gulf Shores
By OBA Staff June 11, 2025
Gulf Shores, Ala. — (OBA) — Gulf Shores will once again welcome a popular event focused on food and fun. The Annual Food Truck and Craft Beer Festival is returning for its fourth year. It will be held on November 8 and 9 at Gulf Place. The event runs from 11 a.m. to 5 p.m. each day and includes live music, lawn games, and activities for all ages.
Gulf Shores Approves Parking Study to Tackle Growth in Waterway Village
By OBA Staff June 11, 2025
Gulf Shores, Ala. — (OBA) — The Gulf Shores City Council on Monday approved a $72,625 not-to-exceed contract with Kimley Horn to launch a comprehensive parking study focused on the Waterway Village District. The move marks a key step toward revitalizing the area and addressing a growing need for smarter parking solutions.
New Halo Lights to Brighten Foley Streets
By Guy Busby June 11, 2025
Foley, Ala. — (OBA) — Foley is adding more lights to the oak trees along city streets as part of a project to brighten the downtown area. The new lights will help make the area more welcoming and easier to walk through at night. They are part of a larger plan to improve lighting around town. The project focuses on adding lights to both the trees and nearby walkways.
Orange Beach Man Drowns in Wolf Bay on Sunday Afternoon
By OBA Staff June 10, 2025
Orange Beach, Ala. — (OBA) — An Orange Beach man drowned in south Alabama Sunday afternoon, according to the Alabama Law Enforcement Agency. Dewayne Stephens, 55, of Orange Beach, was identified as the man who lost his life.
City of Foley Firefighters Praised for High Performance
By Guy Busby June 10, 2025
Foley, Ala. — (OBA) — Fire protection in Foley has gotten better over the past few years, even though firefighters are answering more calls than before. A national study showed that the city's fire service has improved. Mayor Ralph Hellmich said the higher score proves Foley’s firefighters are doing a great job under growing pressure. He credited Chief Joey Darby and the entire department for their work in keeping the community safe.
Full Moon Paddle Returns to Orange Beach Friday
By OBA Staff June 10, 2025
Orange Beach, Ala. — (OBA) — The City of Orange Beach Wind & Water Learning Center is kicking off its summer Full Moon Paddle series with a night of fun on the water. The event is open to the public and features a mix of paddling, live music, and food. Guests will enjoy a unique experience under the moonlight while supporting a good cause. All proceeds benefit the Baldwin County Child Advocacy Center.
Foley Police Cruiser
By OBA Staff June 9, 2025
Foley, Ala. — (OBA) — The Foley Police Department is investigating a burglary that happened overnight at the Tanger Outlet Mall. An employee at Zales Outlet called the police around 8:30 a.m. Monday. They reported that jewelry had been stolen during the night. The value of the stolen items has not been released.
Mini Golf Planned for Bubba’s Seafood House Property
By John Mullen June 9, 2025
Orange Beach, Ala. — (OBA) — A group of four people is planning a new mini-golf course at the site of longtime Bubba’s Seafood House on beach road. John Pilcher, Jody Pilcher, Mary Pilcher and Emmie Pilcher Flowers are making the request. According to Baldwin County tax records, the group owns six parcels fronting the road east of Fat Daddy’s. They will request changes to a previously submitted site plan.
Orange Beach Sportsplex
By OBA Staff June 9, 2025
Orange Beach, Ala. — (OBA) — Registration is now open for this year’s Little Mako Summer Camps in Orange Beach. Each camp offers a chance for kids to learn, practice, and enjoy sports alongside Mako coaches and players. The camps are open to beginners and those looking to elevate their skills. Activities include tennis, baseball, soccer, and cross-country.
Things to do on the Gulf Coast this week.
By Jessica A. Taylor June 9, 2025
Orange Beach, Ala. — (OBA) — As summer heats up along the Alabama Gulf Coast, the week ahead offers a full schedule of activities for locals and visitors alike. From aerial tours and live performances to educational programs, food festivals, and community clean-ups, there's something happening every day across the region. Whether you're seeking adventure, a learning opportunity, or a moment of quiet reflection by the water, the coast continues to deliver diverse experiences for all ages.
Show More