Adverse Possession

Adverse possession is the taking of title to real estate by possessing it for a certain period of time. The person claiming title to real estate by adverse possession must have actual possession of the real estate that is open, notorious, exclusive, and adverse to the claims of others to title of the real estate.

1,201 Questions
Deeds and Ownership
Property Law
Adverse Possession

Who owns the curb?

An interesting question and not an easy answer. You may own up to the middle of the street but the public has the right to use the street and the sidewalk for all purposes of a public way if it is a public way. In some places the town owns the streets. It depends on how the street was originally laid out.

There is no single answer.

You would need to check the title to your property to find the original street layout. Street layouts are not universal. Some jurisdictions take easements of way and some own the fee to the streets. Some use a mixture of both. Sometimes the easement rights reach beyond the curb to include the far side of the sidewalk. Sometimes the rights end at the curb. The only way to answer your question accurately would be to find the original taking that created the city's rights in your particular street.

An experienced title examiner would need to study all the road layouts, takings and accompanying plans to answer this question for any particular property.

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Adverse Possession
Legal Documents

Can you sign legal documents on Sunday?

Yes.

Yes.

Yes.

Yes.

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Adverse Possession

Does Indiana have an adverse possession law?

Yes. In Indiana the period of time for adverse possession must be at least twenty (20) years.

Indiana Code §32-5-1-1.

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Adverse Possession
State Laws
Wisconsin

Can a third party claim adverse possession?

The Third-Party Car Insurance policy offers insurance for damages caused to property or life of any third party due to the vehicle that you own. If you are looking for an insurance cover that will protect you, your loved ones in the car and your vehicle too, then you must go for Comprehensive Insurance. Buy Third Party Car Insurance :

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Adverse Possession
Real Estate

Purchased land with driveway installed by original owner and the entrance is on his land. he installed driveway 30 years ago. do we have any legal right to land?

There may be "right of way" issues that need to be addressed. If the right of way has been maintained for a specific amount of time (determined by state law in YOUR state), you can demand that the right of way be continued. If there is no specific or other right of way and no access to the land, you might want to consider a lawsuit against the person who sold the land.

What you have is perhaps an "easement" question. Even if the deed does not say you have a right to pass and repass upon his portion of the driveway, you have an "easement implied in law." In other words, the owner knew about the driveway across his land, sold you the land with the driveway, and thus burdened his own land by giving you a perpetual right to use the driveway across his land. For future reference, you should amend the deed to include the easement, or obtain another signed document that describes the easement and have it recorded in the registry. This will help prevent any future owner from attempting to deny you the use of the driveway and the easement upon the driveway.

101102103
Intellectual Property
Adverse Possession
Landlord-Tenant Issues

What is difference between Special purpose vehicle and Joint venture?

An SPV is created as a separate corporate entity to implement a particular project. A JV is an entity created through equity participation of multiple firms to do business in a particular area.

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Property Law
Adverse Possession
Iowa

Can you build a fence right on the property line?

Fences are governed locally and each has its own rules. You will have to check with the local town offices.

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Adverse Possession
Deeds and Ownership
Landlord-Tenant Issues

If your name is on a contract and you didn't sign it can you be sued?

If you didn't sign the contract then you are not bound by the terms. You can't be sued for breaching a contract you didn't sign unless you authorized someone else to sign on your behalf such as an attorney-in-fact or authorized agent.

818283
Criminal Law
Adverse Possession

Can you keep a UPS package delivered to the wrong Address I am asking legally keep I know morally it would be wrong to keep something that is not yours?

Well, if you have no Morales yes you can. But if you are found to be in possession of the product you can and will have charges brought against you for theft.

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Adverse Possession
State Laws
Georgia (US State)

What are Georgia's laws regarding adverse possession?

Here is an excerpt of Georgia's laws on squatting (adverse possession). You should contact a licensed real estate attorney to discuss your specific situation and any applicable local ordinances. Adverse Possession - O.C.G.A. § 44-2-140 (2007) - Title to or right or interest in registered land in derogation of that of the registered owner may be acquired by prescription or adverse possession. O.C.G.A. § 44-6-123 (2007) - There may be no adverse possession against a cotenant until the adverse possessor effects an actual ouster, retains exclusive possession after demand, or gives his cotenant express notice of adverse possession. In such event, the cotenant may bring an action to recover possession. O.C.G.A. § 44-4-7 (2007) - When actual possession has been had under a claim of right for more than seven years, such claim shall be respected; and the lines shall be marked so as not to interfere with such possession. O.C.G.A. § 44-5-43 (2007) - A deed to lands which is made while the lands are held adversely to the maker of the deed is not void. O.C.G.A. § 44-5-161 (2007) - (a) In order for possession to be the foundation of prescriptive title, it: (1) Must be in the right of the possessor and not of another; (2) Must not have originated in fraud except as provided in Code Section 44-5-162; (3) Must be public, continuous, exclusive, uninterrupted, and peaceable; and (4) Must be accompanied by a claim of right. (b) Permissive possession cannot be the foundation of a prescription until an adverse claim and actual notice to the other party. O.C.G.A. § 44-5-163 (2007) - Possession of real property in conformance with the requirements of Code Section 44-5-161 for a period of 20 years shall confer good title by prescription to the property against everyone except the state and those persons laboring under the disabilities stated in Code Section 44-5-170. O.C.G.A. § 44-5-164 (2007) - Possession of real property under written evidence of title in conformance with the requirements of Code Section 44-5-161 for a period of seven years shall confer good title by prescription to the property against everyone except the state and those persons laboring under the disabilities stated in Code Section 44-5-170, provided that, if the written title is forged or fraudulent and if the person claiming adverse possession had actual notice of such forgery or fraud when he commenced his possession, no prescription may be based on such possession. O.C.G.A. § 44-5-168 (2007) - (a) Whenever mineral rights are conveyed or whenever real property is conveyed in fee simple but the mineral rights to such property are reserved by the grantor, the owner of the real property in fee simple or his heirs or assigns may gain title to such mineral rights by adverse possession if the owner of the mineral rights or his heirs or assigns have neither worked nor attempted to work the mineral rights nor paid any taxes due on them for a period of seven years since the date of the conveyance and for seven years immediately preceding the filing of the petition provided for in subsection (b) of this Code section. (b) In order to obtain absolute title to mineral rights in the circumstances described in subsection (a) of this Code section: (1) The owner of the real property in fee simple or his heirs or assigns may file in the superior court for the county where the land is located a petition requesting relief in the nature of declaratory judgment. The petition: (A) Shall contain all essential, required paragraphs, including jurisdiction; (B) Shall contain the name and last known address of the grantor of the property reserving the mineral rights and the names and last known addresses of his heirs or assigns or any other person known by the plaintiff to have an interest in the mineral rights; (C) Shall show: (i) That the plaintiff or his predecessors in title were granted and obtained a deed for the property in question; (ii) That the conveyance reserved mineral rights or that the plaintiff or his predecessors in title conveyed the mineral rights and reserved or retained the fee simple title to the real property; and (iii) That, for a period of seven years preceding the filing of the petition after the conveyance, the owner of the mineral rights or his heirs or assigns have neither worked nor attempted to work the mineral rights nor paid taxes on them; and (D) Shall include any and all prayers regarding the land that the plaintiff may desire. Specifically, the petition may pray that the court find that the plaintiff has obtained title to the mineral rights through adverse possession and that the plaintiff be granted title to mineral rights; (2) Upon a finding in the plaintiff's favor, the court shall issue a judgment and decree declaring that the mineral rights involved have been lost and that the plaintiff has gained absolute title to such mineral rights; and (3) Service shall be perfected in the same manner as service on defendants in an in rem proceeding, including service by publication. (c) Nothing in this Code section shall restrict the court from granting further plenary relief, whether legal or equitable; and the failure of the petition in the plaintiff's favor shall not affect the right of the plaintiff to any other relief, legal or equitable, to which he may be entitled. (d) Any person named in the petition or any person having an interest in the mineral rights shall have the right to intervene in a case brought under this Code section. (e) In order to maintain the status quo pending the adjudication of the questions or to preserve equitable rights, the court may grant injunctions and other interlocutory extraordinary relief. (f) Nothing in this Code section shall apply to a lease for a specific number of years nor to an owner of mineral rights who has leased the mineral rights in writing to a licensed mining operator as defined in Part 3 of Article 2 of Chapter 4 of Title 12.

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Adverse Possession
Illinois
Landlord-Tenant Issues

What are squatters rights in Illinois?

Squatters have no rights. They are trespassers.

The period required for a claim of adverse possession is 20 years.

  • Illinois: In Illinois the period of time for adverse possession must be at least twenty (20) years. This type of easement does not arise if the owner of the servient estate posts a conspicuous notice on the real estate stating that the use of it is permitted and subject to his/her control. Illinois Code §735-5/13-122.
575859
Local Laws
Adverse Possession
Police and Law Enforcement

What is meaning by sho in police?

Station House Officer

192021
Property Law
Adverse Possession
Real Estate
Length and Distance

Should you allow a neighbor to place a fence on your side of the property line?

No. Dong so may cause adverse consequence if and when one of the two parties move. It is your property and therefore your responsibility to fence your own yard. You can share the fence and the costs. You would each pay half. Also, depending on the laws where the property is located. If your neighbor puts a fence on your property and not on the property line (a few feet inside on your property) they could end up owning those few feet after several years. Adverse possession.

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Adverse Possession
Wisconsin

How do you claim adverse possession in Wisconsin?

According to the information at the link provided below there are three ways to claim adverse possession. If the claim is based on a recorded written document and the claimant has paid property taxes on the property, the claimant must have maintained possession for seven years. If the claim is based on an inaccurate written document but the claimant did not pay taxes, the time period for maintaining possession is 10 years. If no documents are involved and the adverse possessor has not paid property taxes on the property, then the time period for maintaining possession is 20 years (Sec. 893.25-893.32). Title by adverse possession must be established by a court decree.

606162
Property Law
Adverse Possession
Property Taxes

Is there a statute of limitations on encroachment After 10 years of having our fence one foot over the property line do we have to move the fence?

Quite frankly, it would depend on where you live. My advice to you would be to visit the city or town hall and ask them for their advice. Chances are that you or your neighbour will have to hire someone to survey the land to prove who owns the land the fence currently sits on. First, you should hire an attorney who will help you frame the proper question, such as "what is adverse possession" and the relevant statute of limitations and other elements that will determine your case. Second, you should not rely exclusively upon advice obtained at town hall. Civil employees are not generally authorized to give legal advice to the public, and even if they do, it is not necessarily correct. Third, the law of trespass (and adverse possession of real property) is rather complicated and you should not jump to conclusions.

If you do not prove adverse possession, which seems likely at this point, and it is proven by survey to be on his property, yes, you will have to move it. If you do prove adverse possession (your lawyer will explain the rules), then not only do you not have to move the fence, the property on your side of the fence becomes yours.

636465
Adverse Possession
Deeds and Ownership
Pennsylvania

What is the process for adverse possession of property in Philadelphia?

Under Title 68 (sections 81 et seq) of the Consolidated Pennsylvania Statutes, you need 21 years of continuous adverse possession without the owner filing an action for possession (i.e., for trespass and ejectment), under the statute of limitations. There is a statutory form for recording a claim of a.p., absent which such claim would be invalid against a later purchaser from the owner of record, if the a.p.'s possession has lapsed for more than six months. Furthermore, Section 5530(b) states: :"No entry upon real property shall toll the running of the period of limitation [21 years], unless a possessory action shall be commenced therefor within one year after entry...."

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Adverse Possession

How can you stop adverse possession in Idaho?

Can you provide more information? There really is no way to "stop" adverse possession, but depending on the facts, you may have defenses available. The only true way to end adverse possession is by legislative change. For example, in Washington there is a bill, HB 1479, which would effectively put a stop to all claims of adverse possession, but until that bill is passed, there is really no way to stop someone from using adverse possession as a way to steal another's property.

616263
Auto Insurance Claims
Dog Behavior
Torts
Adverse Possession

Can I sue a person for refusing to get out of my property?

Yes, in fact filing suit is often a requirement, to prevent the running of the statute of limitations on the trespass, after which you would have no way to evict them.

575859
Law & Legal Issues
Adverse Possession

How do you claim untitled land?

I would try talking to your town select man or somebody important in your town and ask about your options

535455
Property Law
Adverse Possession
Deeds and Ownership

Can you claim your property that is past the property line or do you lose it?

The property line defines the property, so it can't be 'past' the defining limit. You need to make sure you know where your property line is and make sure you take care of it.

If you have taken property that is beyond your deeded or surveyed property line by following the necessary requirements for adverse possession, then you will need to protect your property rights from others taking it back from you, just as with any other real estate.

Your local jurisdiction will have procedures for filing papers in court that will "quiet title" on the newly established property line, so you will have a "deed" with a legal description that includes the additional property you have taken.

474849
Adverse Possession

Is the concept of adverse possession legal?

The concept is legal. Adverse possession is legal in most jurisdictions with the original thinking being that it's better to get non-performing, abandoned land back to proper use. Although, adverse possession is and has often been mis-used to steal property.

Many people in the south still hold title to lands that were taken simply by filing a claim of adverse possession in the local land records. It was made extremely easy when the owners, black citizens and farmers, were forced out of their homes in the middle of the night and out of towns and threatened with arrest if they returned. The remaining white citizens simply claimed those lands by adverse possession. See related link for one example.

The concept is legal. Adverse possession is legal in most jurisdictions with the original thinking being that it's better to get non-performing, abandoned land back to proper use. Although, adverse possession is and has often been mis-used to steal property.

Many people in the south still hold title to lands that were taken simply by filing a claim of adverse possession in the local land records. It was made extremely easy when the owners, black citizens and farmers, were forced out of their homes in the middle of the night and out of towns and threatened with arrest if they returned. The remaining white citizens simply claimed those lands by adverse possession. See related link for one example.

The concept is legal. Adverse possession is legal in most jurisdictions with the original thinking being that it's better to get non-performing, abandoned land back to proper use. Although, adverse possession is and has often been mis-used to steal property.

Many people in the south still hold title to lands that were taken simply by filing a claim of adverse possession in the local land records. It was made extremely easy when the owners, black citizens and farmers, were forced out of their homes in the middle of the night and out of towns and threatened with arrest if they returned. The remaining white citizens simply claimed those lands by adverse possession. See related link for one example.

The concept is legal. Adverse possession is legal in most jurisdictions with the original thinking being that it's better to get non-performing, abandoned land back to proper use. Although, adverse possession is and has often been mis-used to steal property.

Many people in the south still hold title to lands that were taken simply by filing a claim of adverse possession in the local land records. It was made extremely easy when the owners, black citizens and farmers, were forced out of their homes in the middle of the night and out of towns and threatened with arrest if they returned. The remaining white citizens simply claimed those lands by adverse possession. See related link for one example.

313233
Property Law
Home & Garden
Adverse Possession

How far does a fence have to be from property line?

Rules regarding the installation of fences and setback lines are governed locally. You need to call your local building department if you want to know the rules in your community.

121314
Property Law
Adverse Possession
Deeds and Ownership
Personal Safety and Security

I mvd into duplex whereby the adjoining owner has a privacy fence I want to install a fence to match How is the section between the properties handled when it is on her side of the property line?

You get written permission from the adjourning property to install your fence and attached to theirs.

474849
Adverse Possession

Interruption of 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.

454647
Home Buying
Adverse Possession
Commercial Property

What is law governing adverse possession in Minnesota?

According to Blacks Law dictionary, you must live there for 15 years, and the property must not be "properly registered." essentially, it has to be land that nobody owns.

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