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Yes--but only if certain requirements have been met. These requirements vary from state to state. Usually, the possession must have been for at least 10 years. Contact a real estate lawyer in your area (look for one who gives "free consultations" in the phone book) for more specifics on your state's laws.
What else can I help you with?
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.
Can you get title to property through adverse possession for an 1' encroachment?
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.)
Does adverse possession include trees?
Depending on how many years Adverse Possession can apply. Get land survey and talk to lawyer.
Can you claim adverse possession of state or school owned land in Kentucky?
You cannot make a claim of adverse possession on any government owned land. It is exempt from such claims.
What are the laws related to property lines when your neighbor maintains a part of your lot?
You need to be careful that your neighbor doesn't acquire any rights in your property. You should inform the neighbor that he/she is using part of your land and then make the decision to allow the use or not. As long as you acknowledge it and allow it they cannot claim the land by adverse possession and you can ask them to stop using it at any time. You might also record a notice in the land records to prevent any claim of easement or adverse possession over your property by that neighbor. You should seek the advice of an attorney who is familiar with property law in your jurisdiction. You can read more about it in the link below.
What is the governing adverse possession in the Philippines?
The law governing adverse possession in the Philippines states that if you possess a parcel of land for a period of time, you own it. However, in the Philippines, this possession must be public land and it had to be in possession of the "squatter" prior to June 12, 1945.
What is another word for stealing a piece a land?
Adverse Possession
What is the process for adverse possession in Michigan?
The process for adverse possession in Michigan is a three step one. The first step is to decide what type of adverse possession it is. The second is a hostile takeover. The third is to remember the statute of limitations on the issue.
What can an owner do to prevent an adverse possession?
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.
How does adverse possession law work in Alberta?
Adverse possession is the legal occupancy of another's land. The law in states that the landowner into the illegal or hostile occupancy of their land or forfeit it within a stipulated timeframe.
Your neighbor has had a shed on your property for over 7 years does he have legal right to that property you just found out where the property lines are?
Maybe. Under certain circumstances, your neighbor could claim adverse possession, and own the shed and the land around the shed. However, 7 years is too short to establish adverse possession in most states. Do not delay in speaking with a real estate attorney to discuss your particular situation.
How do you get a copy of the form to claim adverse possession of land in New York?
To claim adverse possession of land in New York, you would need to consult with a real estate attorney to guide you through the process. There is no specific form provided by the state for adverse possession claims. It is a complex legal process that often requires court involvement, so seeking legal advice is essential.
