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An adverse possession must be continuous, open and notorious in order to be valid. In this case, you may have an implied easement, a "right of way," under the lost grant doctrine, depending on how long the Statutory period for an adverse possession is in your state.

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15y ago

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Related Questions

Does adverse possession transfer to the new owner of a property?

Yes, adverse possession can transfer to the new owner of a property if the conditions for adverse possession are met and the new owner does not take action to prevent it.


After having my property surveyed I know that my neighbor's fence and above ground pool is encroaching my property and do i have the right to ask them to have removed?

It depends. While you can ask that the pool and fence be removed, the neighbors could claim adverse possession and/or mutual acquiescence. If the fence and pool have been on your property in excess of a certain period of time (usually 10-15 years--varies by state), then the land belongs to your neighbors. I suggest you contact a real estate attorney in your area for more information on your state's law on adverse possession. For general information on adverse possession, follow the link below.


Can I win a adverse possession eviction case?

You cannot claim adverse possession on property you had permission to use. Forget it.


Does a property owner have less rights than a person claiming adverse possession?

That depends on the details. If the adverse possessor has met the time requirement for adverse possession the property owner has no defense to the action.


What is the law on adverse possession in Arkansas?

possession if he pays taxes on property contiguous to that being claimed by adverse possession, holds color of title to that contiguous property, exclusively occupies the property claimed, is Adverse possession, in Arkansas, states that someone can obtain property if he pays taxes on property adjacent to that being claimed by adverse possession, holds color of title to that adjoining property, exclusively occupies the property claimed, is uninterrupted in possession, visibly and openly inhabits the land, in fact physically possesses the property, possesses the land without the permission of it's true owner and fulfills these requirements for seven years.


If a person tenant claims adverse possession against his landlord who is also claiming adverse possession does the tenant have to continue to pay rent in Nevada while tenant resides on property?

First- you cannot claim adverse possession against someone who doesn't own the property. You don't have an adverse possession against your landlord who doesn't own the property but has an adverse possession claim against the owner of the land. According to the minimal facts you provided you don't have any standing to make such a claim. You are using the property with the landlord's permission. One of the elements required to make a claim of adverse possession is that you use the property openly and notoriously (without permission).


Does adverse possession apply to bank property?

It would if you met all your state's requirements for making a claim under adverse possession.


What is it called when a portion of an owner's building was inadvertenly build on her neighbors land?

Adverse Possession.


What happens if a building built over 25 years ago was over the property line and the new neighbors now want it?

First, you must determine whether your state subscribes to the legal doctrine of "adverse possession." This can easily be determined by calling a real estate lawyer--I would choose one who gives "free consultations." If the answer is yes, then you will need to initiate a lawsuit to quiet title to the building and land through the theory of adverse possession. In sum, if your state has adverse possession, your neighbors have no case.


Do you have to pay tax on an adverse possession property to claim title. If so how can this happen if you do not own it?

Yes, in many jurisdictions, you must pay property taxes on an adverse possession property to claim title. This requirement is based on the principle that to gain ownership through adverse possession, the claimant must treat the property as their own, which includes paying taxes. Even if you do not have legal ownership, paying property taxes demonstrates your claim and intention to possess the property. Failing to pay taxes can undermine your adverse possession claim.


What is adverse position?

Adverse possession is an option of getting title for real property through possession. This is gaining the ownership through continuous hostile possession which excludes the true owner.


Can two people file adverse possession on the same property?

No, two people cannot simultaneously claim adverse possession on the same property. Adverse possession typically requires exclusive possession, meaning that one individual must openly and continuously occupy the property without permission from the owner, thus excluding others. If two people are claiming possession, it may lead to a legal dispute over who has the rightful claim, but only one can ultimately succeed in establishing adverse possession.