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In some jurisdictions, it is possible to acquire title to property through adverse possession for a 1-foot encroachment if certain conditions are met. Requirements for adverse possession typically include open and continuous possession, exclusive use, hostile or adverse claim, and a specific duration of possession (which can vary depending on the jurisdiction). However, it is important to consult local laws and seek legal advice as adverse possession laws can vary by jurisdiction.

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4mo ago
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14y ago

As long as you have satisfied your state's prerequisites to adverse possession with regard to the 1' piece of land, you may begin adverse possession proceedings. However, since the piece of land is only 1', you should seriously consider not pursuing an adverse possession claim. Not only will you have to pay an attorney to represent you in court, you also have to live next to the neighbor whose property you are adversely possessing. If you want to pursue adverse possession, it is highly recommended that you try mediation before going to court. (See below link.)

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Q: Can you get title to property through adverse possession for an 1' encroachment?
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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.


If the property owner is deceased with no living relatives can 2 or more people claim adverse possession?

Yes, if there are no living heirs then the property may be claimed through adverse possession after all requirements have been fulfilled and the statute of limitations has passed for the state where the property is located.


Can passing through a neighbor's property during daily walks over 10 years constitute adverse possession?

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.


What is the Statute of Limitations for adverse possession in Illinois?

Adverse possession is the retaining of a property through staying in a place for an extended period of time. Adverse possession limitation for Illinois is forty years.


How do you do a quit claim deed on a abandoned house?

You can't. The city or town must take possession of the property for non-payment of property taxes, clear the title and then the town can sell the property to a new owner.Through a claim of adverse possession you could set up residence in the house, pay all the taxes, improve the property and then wait several years (5 to 20 depending on state law) until you have met the state requirement to file a claim of adverse possession. Then, in most states you would need to clear the title through a court decree.You can't. The city or town must take possession of the property for non-payment of property taxes, clear the title and then the town can sell the property to a new owner.Through a claim of adverse possession you could set up residence in the house, pay all the taxes, improve the property and then wait several years (5 to 20 depending on state law) until you have met the state requirement to file a claim of adverse possession. Then, in most states you would need to clear the title through a court decree.You can't. The city or town must take possession of the property for non-payment of property taxes, clear the title and then the town can sell the property to a new owner.Through a claim of adverse possession you could set up residence in the house, pay all the taxes, improve the property and then wait several years (5 to 20 depending on state law) until you have met the state requirement to file a claim of adverse possession. Then, in most states you would need to clear the title through a court decree.You can't. The city or town must take possession of the property for non-payment of property taxes, clear the title and then the town can sell the property to a new owner.Through a claim of adverse possession you could set up residence in the house, pay all the taxes, improve the property and then wait several years (5 to 20 depending on state law) until you have met the state requirement to file a claim of adverse possession. Then, in most states you would need to clear the title through a court decree.


When do I officially own property gained through adverse possession in Maryland I have maintained the property for 25 years but haven't filed for a legal deed to the property is it still mine?

The period required for a claim of adverse possession in Maryland is 20 years. However, you may need a court decree to perfect your title. You should consult with an attorney who specializes in real estate law.


When a person builds an improvement that extends onto the property of a neighbor it is called what?

It is called encroachment. Be sure you know the boundaries of your property before opening a discussion with your neighbor. If you decide to let the neighbor use this portion of the property, be sure to get it in writing you are allowing the use. Without a written document, signed by both parties and notarized, the neighbor could eventually claim the property through adverse possession. Read up on the real estate laws for your area.


What to do when your neighbors barn is partly over property line?

Hope that you have an agreement with your neighbor that allowed this and did not require him to remove it at his expense, because if not it is possible, depending on the laws of the state where this is the situation, your neighbor may have obtained legal rights to the land immediately beneath that part of the barn, through what's called "adverse possession". If you're sure this is the case, you may still be able to get your neighbor to agree and waive adverse possession just to keep peace between you, but you'll most likely have to continue to allow the barn to stay where it is. This is a complex issue and you should consult with an attorney. Any encroachment on your property constitutes a title defect and should be resolved before you sell or refinance your property or it passes to your heirs.


After living at a property for 21 years is it lawfully yours?

In general, no. There are many factors that determine whether someone having lived on a specific property has acquired title through adverse possession. Where they renting the property? If yes, then no, they don't acquire title. Where they paying taxes on the property? If no, then probably not, particularly if someone else was paying the taxes. Did they have the owner's permission to live there? If yes, then no title transfer will occur by adverse possession. Laws vary from state to state, so you would have to consult an attorney licensed in your jurisdiction.


Can I claim adverse possession when the possession is through my tenant and I am acting as landlord?

I would say generally, no. Most statutes require "actual" rather than "constructive" possession. You may want to re-submit with your specific state in the question.In California, it turns out, possession may be through your tenant. We just won our case and gained title through adverse possession where our tenant has occupied the property for the past 10 years. Case law establishes that occupancy by a tenant of the "adverse possessor" has the same legal force and effect as the occupancy by the person claiming by adverse possession. Kellogg v. Huffman (1934) 137 Cal. App. 278,284.Congratulations! As I indicated, statutes are state specific. While you are on the "left" coast, I am on the "right" coast where things tend to be interpreted more conservatively. Thank you for the updated response.


If you take care of property next to your property for over ten years do you have any claim on it?

You are asking about "adverse possession". In Pennsylvania, merely "taking care of property next to your property for over 10 years" does not allow you to make any claim for that property.In Pennsylvania, adverse possession "MUST be open, notorious and hostile for a period not less than 21 years." This means when a person puts up a fence around that property, maintains it as though it were his/hers - cutting the grass, shoveling the snow, [paying the taxes - which may or may not apply] etc., that person is entitled to file for possession of that property through adverse possession for that property.The 21 years must be continuous: each and every day something must be done to that property. When there is even one day missed doing something to that property, the 21 years begins over again, from the very beginning - from Day 1.


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.