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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?
Wiki User
∙ 15y ago
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.
Wiki User
∙ 15y ago
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What would prevent someone from acquiring land by adverse possession?
never had to fight original owner
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).
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.
When was Someone Somewhere in Summertime created?
Someone Somewhere in Summertime was created in 1982.
What happens if someone files for adverse possession during probate?
The executor has to defend the estate. They will have to hire an attorney to settle the case.
What is Law of Missouri Governing Adverse Possession?
This legal doctrine provides that someone in possession of land continuously for a period of 10 years may receive absolute title to the land if his or her possession was adverse to the interests of the true owner. It may require a "quiet title" lawsuit to decide whether all five elements of adverse possession are present in any given factual situation. The court and jury will decide.Requirements for adverse possession claim:Actual possessionHostile (occupied with the intent to take the land from its rightful owner)Open and notorious (so long as the adverse possessor acts conspicuously and openly as though the land is his),Exclusive, andContinuous for the 10-year period, then title can be established for the adverse possessor.Tenants cannot assert adverse possession even after leasing the property from more than 10 years because they are there with the consent of the landowner (not "hostile use").Keep in mind that if a title is acquired by adverse possession, it can be made "marketable of record" only after either a court has rendered judgment that all the requirements of the doctrine of adverse possession have been met.
Why does the law recognize Adverse possession?
The historical reasoning behind adverse possession was to clear title to land that had been inadequately surveyed in earlier times and as time passed and the original owner died, ownership became clouded. Much land sat unused and no one knew who owned it. Adverse possession allowed someone to make the land productive again. They would be rewarded for improving the land (which the former owner had abandoned) and improving the land was good for the community- a proper justification for allowing the person who resurrected that land to claim title. However, the doctrine of adverse possession is not so favorably viewed in more modern times. Many legal experts look at adverse possession as legal theft.The historical reasoning behind adverse possession was to clear title to land that had been inadequately surveyed in earlier times and as time passed and the original owner died, ownership became clouded. Much land sat unused and no one knew who owned it. Adverse possession allowed someone to make the land productive again. They would be rewarded for improving the land (which the former owner had abandoned) and improving the land was good for the community- a proper justification for allowing the person who resurrected that land to claim title. However, the doctrine of adverse possession is not so favorably viewed in more modern times. Many legal experts look at adverse possession as legal theft.The historical reasoning behind adverse possession was to clear title to land that had been inadequately surveyed in earlier times and as time passed and the original owner died, ownership became clouded. Much land sat unused and no one knew who owned it. Adverse possession allowed someone to make the land productive again. They would be rewarded for improving the land (which the former owner had abandoned) and improving the land was good for the community- a proper justification for allowing the person who resurrected that land to claim title. However, the doctrine of adverse possession is not so favorably viewed in more modern times. Many legal experts look at adverse possession as legal theft.The historical reasoning behind adverse possession was to clear title to land that had been inadequately surveyed in earlier times and as time passed and the original owner died, ownership became clouded. Much land sat unused and no one knew who owned it. Adverse possession allowed someone to make the land productive again. They would be rewarded for improving the land (which the former owner had abandoned) and improving the land was good for the community- a proper justification for allowing the person who resurrected that land to claim title. However, the doctrine of adverse possession is not so favorably viewed in more modern times. Many legal experts look at adverse possession as legal theft.
Can I ask the land court to hear my neighbor's claim of adverse possession on land that is being registered?
If someone has a claim of adverse possession that affects land that is in the process of being registered they should make their claim known to the land court ASAP. Once a parcel is registered it is protected by law from adverse possession claims. However, you should advise your neighbor that land court claims are expensive to pursue. It is the obligation of the claimant to provide acceptable proof of their claim. That means expensive legal costs.
How do you fight adverse possession of your property rite of way?
Adverse possession is a complex area of law that varies from jurisdiction to jurisdiction. You can lose your property if you do nothing. The best way to avoid a claim is to give the person permission to use whatever portion of land they are using without your permission and require that they sign an agreement to that effect. Or, you can give them notice that they are encroaching on your land and demand that they stop. You may need to seek the advice of an attorney who is familiar with your state laws regarding adverse claims. You can read much more about adverse possession at the link below.
Can someone who has lived in a house rent free for forty years claim possession?
Generally, if the person was using the property with the permission of the owner they are barred from claiming adverse possession. You should consult with an attorney about drafting a written agreement regarding the use of the property.
Can someone park across your driveway?
Yes it is not illegall for someone to park right across the street in front of your driveway
Someone is renting your land after a few years do they have an appeal to your land?
Answer: By renting your land they are acknowledging that you are the owner. There would be no grounds for an adverse claim. Adverse possession arises when a person uses someone else's property without permission of the owner of the property. A landlord and tenant relationship clearly demonstrates that the property was used with the permission of the owner.
