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Does adverse possession apply if you have had use of a driveway entrance to your property for 40 years but the land has since sold to a new owner and they have blocked your access to your property?
Wiki User
∙ 10y ago
If you used the driveway entrance with the permission of the land owner you cannot meet the requirements for adverse possession since one of the elements is using land openly and withoutthe permission of the owner.
If you have used the entrance unhindered for that length of time you may have acquired a prescriptive right of way. However, that may need to be established by a court order. You should consult with an attorney who specializes in land use law.
Wiki User
∙ 10y ago
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Can you get ownership of your driveway easement by adverse possession in New York if the owners of the property have not used or maintained it for thirty years?
No. You have the right of use by permission of the property owner. One of the elements necessary to prove adverse possession is that you use the property in a way hostile to its owner, or, openly and without permission. You should make an offer to purchase the affected property rather than trying to take what is not yours.
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.
Can we block our driveway from our neighbors the driveway is on our land but they have used it the pasted 33 years?
It sounds like a relatively clear case of "adverse possession" where uninterrupted and uncontested use of property over an extended period of time essentially constitutes a waiver of the landowner's right to deny the use. The period of uninterrupted use varies from jurisdiction to jurisdiction, but 33 years pretty much establishes a claim of adverse possession. In the case of a driveway, the key is that the use must be uninterrupted for the necessary period. If that driveway is blocked off by the landowner for one day a year, the use is considered to have been interrupted and a claim for adverse possession is usually negated. However, you should consult with an attorney. A claim of adverse possession must be perfected by a court order in many jurisdictions.
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.
A person maintains a small piece of County property adjacent to their own property for 12yrs that would be used as a side entrance to an additional subdivision can that be adverse possession?
Generally, property owned by a town, county, state or federal government cannot be acquired by adverse possession. However, there are some exceptions. You would need to research your particular state to determine what the law is in your state.
In CT Can someone claim Adverse possession if they claim that they have been using your driveway to get to their land even if its not them using but someone else only in the summertime?
They would definitely not have an adverse possession claim because that requires exclusive and hostile possession of the land in question. However, they may have an easement by prescription (if they have been using the driveway to access their property for a long time) and/or easement of necessity ( if they have no other access to their property).If you find that the neighbors' use of your land is a problem, you should consult with a real estate attorney in your area immediately.
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?
It is possible for 2 or more people to jointly claim adverse possession of the property, but they must meet the legal requirements individually as co-owners. They must openly occupy and use the property continuously for the required period, usually between 5 to 20 years depending on the state's laws. It is advisable to consult with a legal professional to understand the specific laws and implications.
Can you claim adverse possession on property if you have paid delinqunt taxes and maintenance on the property for 17 years in the state of Texas?
I have paid delinquent taxes and maintenance on my deceased great -grandmother's property for seventeen years. She did not have a will. Can I file an adverse possession for the title on the property, in the state of Texas?
