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Answer
Probably not. Adverse possession requires that the land being adversely possessed be used exclusively and hostilely by the adverse possessor. In English, that means that you must be the only user of the road, and anyone else who uses the road has asked your permission to use it (and you have given them permission). Second, it means that you treat the road like your own land, such as by doing road maintenance and possibly even installing a gate across the road. If you really want to pursue an adverse possession claim (which I don't think you have), you should talk to a real estate attorney in your area.
Additional Answer
The public's rights in roads, especially old roads, is an extremely complex (and problematic) area of law. Research into the origin of a road and whether the public's right to use it was ever established is extremely time consuming and costly and must be done by an expert. Many old roads that are no longer in use were established in the 1700-1800s and their use in the old days established them as public highways. Many old roads became established by prescription. The old roads are often mentioned in old deeds and those deeds must be examined by an expert.
One cannot acquire rights in a public road by adverse possession nor can you wipe out any rights that were granted in ancient deeds via a claim of adverse possession. You cannot establish a successful adverse possession claim against the owner if the owner is a government body or the public. Generally, roads that are no longer in use must be discontinued and abandoned by the government. Each state has a complex statutory scheme that must be followed in order for the abandonment to be effective.
Once properly discontinued and abandoned the land that was formerly the road passes to the abutters ON BOTH SIDES up to the middle of the former road. Another factor to consider is that if it is the road in front of your house then someone gave you the right or permission to use it. As stated above, you need to seek the advice of an attorney who is an expert in this area of law in your jurisdiction.
What else can I help you with?
Can an Adult child living with mother claim adverse possession after her death if the house is in a sister's name?
The child was living in the house with permission. Permissive use is a bar to any claim of adverse possession. I assume the property is owned by a second child.
Can someone legally sue you for ownership of your house?
Yes, someone can legally sue you for ownership of your house through a process called a property dispute or a claim of adverse possession. This typically involves proving in court that they have a valid legal claim to the property.
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.
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 you claim a house which has been abandoned for 20 years?
In most jurisdictions, claiming an abandoned house after 20 years typically falls under the legal concept of "adverse possession," which allows someone to claim ownership if they have occupied the property continuously and openly without permission. However, the specific requirements for adverse possession, such as duration, intent, and payment of property taxes, vary by state or country. It's essential to consult local laws and possibly seek legal advice to understand the process and requirements applicable in your area.
If ive found a boarded up house and want to enter it to squat and claim adverse possession how can you do this legally?
You will have to take a look at the Adverse Possession laws for the jurisdiction in question. In most cases you have to live there for five to ten years to claim ownership without any sort of complaint being filed. The owner can always charge you with trespass, breaking and entering and other crimes, if they are aware enough of what is going on with their property, so there is always the risk of going to jail.
What is adverse possession?
Every state has different laws regarding adverse possession. You need to discuss your particular situation with an attorney. In general, the five elements that must be met to have a claim of adverse possession are that the possession are as follows:1. Open and notorious. Your possession must be in a manner that is overt (done right out in the open), not covert. Your possession must be seen. That gives the owner notice that you are in possession and the opportunity to eject you.2. Actual and uninterrupted. That means that you actually have possession and control over the land in question, without the owner's consent, and that possession is not only occasional.3. Exclusive. You are the exclusive possessor and actually entered the property for the required period of possession which varies in different jurisdictions.4. Hostile. That means that you treat the land in question as your own against the rights of the legal owner. Adverse possession is not created when you have the permission of the landowner to use his land (so a long-term tenant cannot claim adverse possession).5. Made under a claim based in good faith. Those seeking equity must do equity. So if you acted in bad faith somehow, your claim would be barred. For example, moving the fence to a position where you knew it didn't belong would be considered bad faith.You must have met all five of these elements to qualify for adverse possession. You have the burden of proving you met each element. You must have met these elements for the statutory period required in your state. In most states your title would need to be perfected by a court action.ImportantIf you believe that you have a claim of adverse possession, or are facing an adverse possession lawsuit, you should see a real estate attorney immediately. Adverse possession is a complicated area of law, and you don't want to take it on without the guidance of a qualified counselor at law. You should consult with an attorney who specializes in real estate law.
Is it legal to enter a boarded up house to gain adverse possession?
First, you would be trespassing so entering the building would not be "legal". Second, if your trespass was not noticed by the owner or reported by the neighbors, you would need to use the property openly and without permission for a number of years in order to have the basis for an adverse possession claim. Then, in most jurisdictions you would need to establish your claim by a court decree. However, you would be unable to have any utilities "turned on" because you would not be the owner of the property. Living in a dwelling with no utilities or sanitary facilities would be against the laws affecting public health codes. You can check the adverse possession law of your state at the link below.
If neighbors have occupied house for 7 years can they tack on to it the previous owners 8 years of occupancy to claim possession of 4 feet of our property Must they occupy for 10 year alone?
No they cannot, unless you live in a state where they can, under color of lawful claim. For example, the state of Washington allows tacking of trespass to reach the necessary time limit for adverse possession, in a case where the trespasser believed he had title to the land being claimed. Basically, the statute of limitations started to run against the earliest open trespasser and the landowner had the obligation to do something about it, or else lose the right to claim the property.
Can a bank reclaim a house after you took it by adverse possessionAnd if so are you responsible for any liens on the property And or would you be compensated for any improvements that was made?
You need to provide more details. In most jurisdictions you must perfect a claim of adverse possession by some sort of court decree. If you improved property that you didn't own then you were a volunteer and have no right to be compensated for the improvements. It sounds like you were dwelling in a house that was covered by a mortgage that has been foreclosed. If that is correct, the bank's interest is superior to yours. The owner of the property is responsible for any liens against the property.
3 sisters in joint tenancy of a house that has set empty for past 6 years 1 of them refuses to let the others in if they get in she changes the locks is this legal?
No. All three co-owners have equal rights in the property. Your sister cannot legally prevent you from entering the house or from the full use and possession of it. However, if you do nothing your sister may be trying to set up an adverse possession claim. You should speak to an attorney about partitioning the property. Perhaps it should be sold and the proceeds divided equally between the three co-owners.
Is it my father's house or my fathers house?
My father's house. The apostrophe shows that your father is in possession of the house.
