There are many things a property owner can do to prevent an adverse possession claim and they all require diligence. The important factor is to not delay when an encroachment is discovered.
Know where your property boundaries are and check them regularly for any encroachments.
Make certain YOU are paying all the taxes on your property (especially if you own multiple parcels) and that the tax bills match the descriptions of the land you own.
If you find a neighbor is encroaching on your land and the encroachment is not serious (with a fence, shed, driveway, footpath, garden, etc.) then give them written permission to use that portion. Have both parties sign it, have it notarized and have two originals. You could even record it in the land records to provide a permanent record. With permission they can never claim adverse possession.
Offer an encroacher a rental agreement.
Call the police for repeated tresspassing.
Notify an unfriendly neighbor by certified mail that they have encroached on your land and ask that the encroachment be removed. Then follow up on it. Hire an attorney if necessary.
Patrol your property at least once a year to check for encroachments.
In some jurisdictions if you notice a persistent encroachment you can record a notice to prevent an easement in the land records. That may help in any future claims for adverse possession.
Contact an attorney who specializes in adverse possession immediately.
Contact an attorney who specializes in adverse possession immediately.
Contact an attorney who specializes in adverse possession immediately.
Contact an attorney who specializes in adverse possession immediately.
Contact an attorney who specializes in adverse possession immediately.
never had to fight original owner
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.
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.
YES.
By inheritance from the owner or by adverse possession.
Adverse possession is the possession against the will of the rightful owner to the complete exclusion of the owner. The number of years required to claim adverse possession in Kentucky is 15 years.
Adverse Possession.
An "interruption" generally refers to a situation in which the true owner takes possession for a time before the adverse possessor's title ripened. Such an event would require the adverse possessor to start the clock all over again.
Briefly, the legal provisions for a claim of adverse possession in Ireland are as follows. The period of possession is 30 years free of any demand for rent for a leasehold property; 12 years possession against a known owner, extended in the case of a minor; 30 years against an unknown owner, a lunatic or the state. In Northern Ireland and the UK a claim of adverse possession requires that a person take possession of the land of another for a statutory period of 12 years.
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.
A bank's defense, or any property owner's defense, would be that the adverse claimant hasn't met the state requirements for a valid claim.
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).