Adverse Possession
I live in Michigan and what I found about adverse possession not only covers Michigan, but Arkansas, Maine, Missouri, Montana, Nevada, South Carolina, Texas, Virginia, Vermont and Wyoming.
Many landowners are surprised to learn that under certain situations, a neighbor can occupy your land and gain legal ownership of it. The trespasser may acquire a few feet of property or whole acres by doing this. If someone is using your property, even a small strip on the edge, you should be aware of the risk!
Even if the neighbor can’t claim your property, they may be able to gain the legal right to use part of your property; this is called a prescriptive easement.
The legal doctrine that allows trespassers to become owners is called “adverse possession.” If the people involved can’t work something out, the property owner may sue the trespasser, or the trespasser may bring a lawsuit to quiet title (request for the court to settle who owns what).
REQUIREMENTS FOR OBTAINING LAND BY ADVERSE POSSESSION
A trespasser is entitled to legal ownership of property if his occupation of the property is hostile, actual, open and notorious, exclusive and continuous for a period of years (15 in Michigan) set by state statute. This does not apply to bank or government owned property (We explain each of these terms below). Bank owned property time limits are reset from point of sale. Government owned properties can never fall under adverse possession. Some states, such as California, also require the trespasser to have paid the local property taxes on the land.(1) The time required, which varies from state to state, is usually twenty years. It can be as short as five years when the trespasser pays the property taxes.
In Michigan, the elements of adverse possession are: ACTUAL, OPEN, NOTORIOUS, EXCLUSIVE, VISIBLE, AND UNINTERRUPTED POSSESSION of the property that was hostile to the owner and under cover of a claim of right for a fifteen-year period. Rozmarek v Plamondon, 419 Mich 287, 295; 351 NW2d 558 (1984).
It is possible to gain a prescriptive easement, also, the elements of which are the same except for exclusivity (it’s not necessary for the use by the person claiming the easement to have been exclusive). Plymouth Canton Community Crier, Inc v Prose, 242 Mich App 676, 679; 619 NW2d 725 (2000).
It is also possible to “tack” periods of successive adverse possession by successive owners (add the number of years together) in order to satisfy the statutory period, although it can be tricky to prove that all elements were satisfied by a former owner (or owners).
HOSTILE CLAIM
The word “hostile” does not mean that the trespasser barricades himself on the land with a shotgun. Most courts follow one of two legal definitions of hostile. One is called the “Maine rule” which applies to Michigan and requires that the person be aware that he is trespassing. The other rule (followed by most states) is the “Connecticut rule,” defines hostile simply as occupation of the land and doesn’t necessarily have to know that the land belongs to someone else.
ACTUAL, OPEN AND NOTORIOUS POSSESSION
The trespasser must actually be in POSSESSION of the property and treat it as if he were an owner. This means there must be a physical presence on the land. It’s not enough for someone just to make a claim, orally or in writing, of ownership.
The words “OPEN AND NOTORIOUS” simply mean that it must be obvious to anyone, including an owner who investigates, that a trespasser is on the land. Actual (physical) possession is usually open and notorious. A person pruning the rose garden that she planted on a strip of the neighbor’s back yard. Same goes for the neighbor who just put up a fence up slightly on your property is obvious.
EXCLUSIVE and continuous POSSESSION
The trespasser must possess the land exclusively and without interruption for the statutory time period. You can find how many years are required in your state from the chart below.
For continuous possession, the trespasser can’t give up the use of the property in such a way that he no longer acts as an owner, and then return to it and count the time that it was abandoned. It has to be maintained continuously.
The person trespassing must be the only one occupying the property – he can’t share possession with strangers or the owner. (By contrast, a trespasser can gain the right to use a certain part of another’s property, a prescriptive easement, even if possession or use is shared with others.
If one person uses the property for a while and leaves, and another shows up for a while, the times can’t be combined – the possession hasn’t been exclusive by one person.
If, however, the trespasser actually sells or gives the property to someone else, the recipient becomes the adverse possessor and the years that the first trespasser spent occupying the land count for the new one’s claim. This is called “tacking.” When one trespasser passes the land to the next, then that person’s claim is tacked on to the previous one.
WHAT CAN THE OWNER DO?
You can loose your property if you don’t keep an eye on it! Nobody should allow the boundaries to be redrawn by inattention and inaction — in a city, a loss of even twenty feet could be devastating to a property investment.
If you are concerned that someone has a possible claim to your land, check the local property tax records to see if anyone has made tax payments for the property. Paying taxes always bolsters an adverse possession claim, even when it is not required for a successful claim.
There are several steps an owner can take to prevent a trespasser from gaining a legal claim to the ownership.
GIVE WRITTEN PERMISSION
One effective way to thwart a possible claim is by giving permission to use your land. If Norma is out planting a garden in your backyard, treating it as her own land, step over and say “Hello, you are on my property by a few feet, but that’s okay.” You don’t have to throw her off your property; simply claim it. Then put the permission in writing and obtain an acknowledgment from Norma. The chain has been broken. She can tend that garden for forty years and still never acquire a legal claim to your property if she has your permission.
An example of written permission is shown below.
Agreement Granting Permission to Use Property
I, Homeowner, owner of the property located at 123 Fun Drive, Clearwater, FL, give my permission to Trespasser to plant and tend a garden located on a ten-foot strip of my property bordering the north of the property line. I reserve the right to revoke this permission at any time.
___________________________ __________
Homeowner date
I, Trespasser, acknowledge that my use of this strip of and belonging to Homeowner is by permission only, and that the permission may be revoked at any time.
___________________________ __________
Trespasser date
This type of agreement can be used to grant permission for parking, using a shortcut across property or even growing crops. It not only can defeat adverse possession claims, but also a claim to an easement across your property. When you use such a written permission, be absolutely sure that the portion of your land being used is described in enough detail so that it is easily identifiable.
If your neighbor is upset or insulted by the idea of a written permission, show them this webpage. Explain that while you have no objection to her use of your land, you must protect your interest for later years.
If the neighbor refuses to acknowledge the permissive use, you are then on the alert of a possible claim that is adverse to your interest, and you should take steps to prevent further use of your property.
OFFER TO RENT THE PROPERTY TO THE TRESPASSER
If someone wants to remain on your property, you can always offer to rent it to them. In fact, the presentation of a rental agreement can be very effective in getting some trespassers to immediately leave on their own.
CALL THE POLICE
If someone refuses to acknowledge a permission, and ignores your requests to stay off your property, you can call the police or notify the sheriff and have the person removed or arrested.
When the trespasser is a next-door neighbor, you may be understandably reluctant to bring in the police. But sometimes it is necessary to protect your property and will start a record that can save your property!
HIRE A LAWYER
Any time it appears that a trespasser may be entertaining the idea of claiming your property under an adverse possession theory, see a lawyer. You may need to file a lawsuit to eject the trespasser from the land. Or you may want to ask a court to order a structure removed or a person to stay away. You must act before the trespasser has been on your land long enough, under your state’s law, to make a successful adverse possession claim.
EXAMPLE
Jones and Smith share a boundary line of record. Smith knowing it is not his property occupies part of Jones’ property for a tennis court.
This type of boundary line question is really one of adverse possession. These cases are determined under the rubric of has the possessor established such possession to be actual, visible, open, notorious, hostile, continuous and adverse to all. Here there is no assumption that the parties agreed upon the placement of that part of the tennis court across the boundary line. There is no mistake as to where the line is. There is no actual or implied permission or acquiescence. Jones just takes land, fences it, covers it with tarvia and occupies it as a tennis court. The required number of years go by and Smith never objects or follows through on any objections that he may have. Jones is now the owner of the land or at least cannot be evicted. Numerous Michigan cases have dealt with such issues.
Michigan still recognizes “squatters rights”. That takes precedence over a survey. And the title company told us they will not get involved and it is in the fine print that they NEVER cover boundary disputes. Believe me, we have learned a lot in the last year and have spent a ton of money. You will likely have no problem.
State Time Limits on Adverse Possession from Black’s Law Dictionary, Fifth Edition.
Alabama: In Alabama the period of time for adverse possession must be at least twenty (20) years.
Arizona: In Arizona the period of time for adverse possession must be at least ten (10) years. Arizona Code §12-521 through 528.
Arkansas: In Arkansas the period of time for adverse possession must be at least seven (7) years. Arkansas Code §16-56-105; 18-11-102, 03; 18-60-212.
California: In California the period of time for adverse possession must be at least five (5) years. The claimant of an easement by adverse possession must also pay the taxes due for the five (5) year period if it has been separately assessed. California CC §1007.
Colorado: In Colorado the period of time for adverse possession must be at least eighteen (18) years. Colorado Code §38-41-101, 108, 109.
Connecticut: In Connecticut the period of time for adverse possession must be at least fifteen (15) years. Connecticut Code §37-40; 47-25.
Delaware: In Delaware the period of time for adverse possession must be at least twenty (20) years. Delaware Code §10-7901, 7902.
Florida: In Florida the period of time for adverse possession must be at least seven (7) years. Florida Code §95.16-.18.
Georgia: In Georgia the period of time for adverse possession must be at least seven (7) years for improved land and twenty (20) years for wild land. Georgia Code §44-5-175; 44-9-1.
Hawaii: In Hawaii the period of time for adverse possession must be at least twenty (20) years. Hawaii Code §657-31, 31.5.
Idaho: In Idaho the period of time for adverse possession must be at least five (15) years. Idaho Code §5-208 through 210.
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.
Indiana: In Indiana the period of time for adverse possession must be at least twenty (20) years. Indiana Code §32-5-1-1.
Iowa: In Iowa the period of time for adverse possession must be at least ten (10) years. The owner of the servient estate may prevent the establishment of a prescriptive easement by serving written notice upon the easement claimant within the ten (10) year period that he/she disputes the claim. Iowa Code §564.1, 4-7.
Kansas: In Kansas the period of time for adverse possession must be at least fifteen (15) years. Kansas Code §60-503.
Kentucky: In Kentucky the period of time for adverse possession must be at least seven (7) years if held under patent and fifteen (15) years otherwise. Kentucky Code §413.050.
Maine: In Maine the period of time for adverse possession must be at least twenty (20) years. The owner of the servient estate may prevent a prescriptive easement by giving written public notice that he/she objects to the easement. Maine T.14, §812.
Maryland: In Maryland the period of time for adverse possession must be at least twenty (20) years. Maryland Courts Art. §5-103.
Massachusetts: In Massachusetts the period of time for adverse possession must be at least twenty (20) years. The owner of the servient estate may prevent prescriptive easement by posting a conspicuous notice on the real estate claimed as an easement which states the owner’s intent to prevent an acquisition of an easement. Massachusetts C. 187, §2-3.
Michigan: In Michigan the period of time for adverse possession must be at least fifteen (15) years. Michigan CLA §600.5801.
Minnesota: In Minnesota the period of time for adverse possession must be at least fifteen (15) years. Minnesota Code §508.02; 541.01-.02.
Mississippi: In Mississippi the period of time for adverse possession must be at least ten (10) years. Mississippi Code §15-1-7, 13.
Missouri: In Missouri the period of time for adverse possession must be at least ten (10) years. Missouri Code §516.010-.030.
Montana: In Montana the period of time for adverse possession must be at least five (5) years. Montana Code §70-19-405.
Nebraska: In Nebraska the period of time for adverse possession must be at least ten (10) years. Nebraska Code §25-202.
Nevada: In Nevada the period of time for adverse possession must be at least five (5) years. Nevada Code §11.070-.080.
New Hampshire: In New Hampshire the period of time for adverse possession must be at least twenty (20) years. New Hampshire C. 508, §2.
New Jersey: In New Jersey the period of time for adverse possession must be at least twenty (20) years. New Jersey Common Law.
New Mexico: In New Mexico the period of time for adverse possession must be at least ten (10) years. New Mexico Code §37-1-22.
New York: In New York the period of time for adverse possession must be at least ten (10) years. New York Real Prop. A&P.L. §501-551.
North Dakota: In North Dakota the period of time for adverse possession must be at least ten (10) years. North Dakota Code §47-05-12.
Ohio: In Ohio the period of time for adverse possession must be at least twenty-one (21) years. Ohio Code §2305.04.
Oklahoma: In Oklahoma the period of time for adverse possession must be at least fifteen (15) years. Oklahoma Code §12-93; 60-333.
Oregon: In Oregon the period of time for adverse possession must be at least ten (10) years. Oregon Code §12.050
Pennsylvania: In Pennsylvania the period of time for adverse possession must be at least twenty-one (21) years. Pennsylvania Code §42-5530.
Rhode Island: In Rhode Island the period of time for adverse possession must be at least ten (10) years. Rhode Island Code 34-7-1.
South Carolina: In South Carolina the period of time for adverse possession must be at least twenty (20) years. South Carolina Code §15-67-210 through 260.
Tennessee: In Tennessee the period of time for adverse possession must be at least twenty (20) years. Tennessee Common Law.
Utah: In Utah the period of time for adverse possession must be at least twenty (20) years. Utah Common Law; Title 78, Chapter 12.
Virginia: In Virginia the period of time for adverse possession must be at least twenty (20) years. Virginia Common Law.
Washington: In Washington the period of time for adverse possession must be at least ten (10) years. Washington Code §7.28.050-.090.
West Virginia: In West Virginia the period of time for adverse possession must be at least ten (10) years. West Virginia Common Law Code §55-2-1.
Wisconsin: In Wisconsin the period of time for adverse possession must be at least twenty (20) years. Wisconsin Code §893.28.
Wyoming: In Wyoming the period of time for adverse possession must be at least ten (10) years. Wyoming Code §24-1-101.
Note: This is not a substitute for legal advice. Accuracy is not guaranteed. An attorney must be consulted and you should check with your state to verify the accuracy of the above information.
We have a situation where the front boundary has a road easement on it. The road that was put in is NOT on the easement but on the other side and our adjoining property owner is driving on it and demanding to pave the area. We do not want a permanent road there as the road should have been placed where the easement is. I do not know how to legally prevent this other owner from driving on this gravel road that pre-exists. It will prevent him from accessing his property without constructing a road on the easement. My question is can we legally fence in this area and he not be able to gain access to his drive prior to constructing a new road on the easement? We are being harrassed by these people and feel we need to do this to protect us as they are alway scheming up trouble for us and the other neighbors.
My mom and dad, bought one ac. in 1972 in Missouri. and they never built anything on it. There are other one acre tracks around them but none have anything either, but if one of the other tracks next to my mom and dads has someone on it and uses a small part of my parents land, adverse possession in Missouri is 15 yrs they can really take the land, is there anything i can do, can no trespassing signs work or something else?
There is a house located on a busy highway in Owen County Indiana. I habeen burnt on the back half and sets empty. It has no signs posted for no trespasing or any sign of owners. I have watch this place for almost 2 years. I want to move in and fix it up, but if the owner finds me there and he wins a suit must he pay for the improvements, taxes and such?
How many years does a person in CT need to be using property under the Adverse Possession and Prescriptive Easements law.
Where do they file a suit and how can I find out if they filed a suit.
Can they file a suit at the CT law library?
Are these suits expensive to file.
I may have a neighbor that has been using my land for over 20 years
claiming adverse possession.
my neighbor if you call him that, is bringing me to court for my own property. I pay taxes on it and he never built a shed a fence anything on my land never planted a tree a shrub (as he admitted in the depo)
There a six markers on the exact legal property line that he says he never saw…He has 4.5 acres i have 1.5 if i lose i will have a non conforming lot..Boy what a great neighbor..Me and my wife had to close our retirement account to pay for all the legal fees $25,000 and counting June 15th 2009 is the date set for a week of trial.
He has no case but a lot of money ..BEFORE YOU BUY A HOUSE GET IT SURVEYED OR WALK THE PROPERTY WITH THE SELLER ..We do have title insurance and the gave us 8000 dollars to defend but that is nothing compared to what it cost to go to court in New Hampshire..the kicker is that his best friend who is divorced from the lady i bought the house from was on his side in the beginning before we had to serve him with papers for slander of title since him and alex agreed on a certain line .(not visible )..and never told the ex-wife .. so i also have to bring in the poor mother of 2 to court since she sold the property to me ..FOR WHAT A SMALL 9000sqf..NICE NEIGHBOR> Sorry just needed to vent..there’s is a lot more if anyone wants to chat about it ..
if anyone has the answer to the following, please answer:
Does adverse possession apply to homes as well, or just acres of land?
Hi Eward, I really feel your plight. Almost four years ago my husband and I purchased our first home in Upstate NY on one and a third acre of land. Our neighbors seemed fabulous, almost too good to be true. We had only owned it three months and lived there only on the weekends when the neighbor asked if she could encroach on our property just a few feet.
At first we foolishly agreed, but was told by a more informed owner that it could weak havoc if ever we sold. She must have been told the same thing because she said her lawyer said it would be a legal mess. We were relieved because we didn’t have to be the bad guys and they seemed so nice. Months later she asks me if I knew of a law where you use someone’s property as your own and it can become yours. Nope, never heard of it. That just seemed crazy to me since I had signed documents saying we owned the property. I didn’t think anything of it.
Forward a year and half later. We were allowing them to use a portion of our land as a garden because the previous owners shared it with them and we wanted to be nice. Anyway, we wake up one Saturday and find that they had cut down quite a few of our trees. This was done while we were at work with NO prior discussion or permission asked or granted. We were livid but decided not to make a big deal about it. I did contact an attorney because suddenly that crazy conversation we had came to mind.
I showed the neighbor our survey and told her that there seemed to be some confusion about the property line. She never said that she knew it was ours and was even going to let us pay for a survey so that markers could be placed. Long story short a few weeks later they had cleared the land, had a tree stump removed, planted a row of trees and constructed a rock border which greatly encroached on our property, all with input from a long time neighbor.
According to a web site I found, she had done everything required to claim adverse possession except graze cattle. We consulted several attorneys and had a legal agreement written up. We met with them and they apologized and admitted that they knew it was ours and that they were just making it tidy. Yeah, if making tidy and stealing mean the same thing, then yep they were making it tidy.
They were betting on two things. They hoped that we didn’t know the property line, or they hoped that we would just let it stay because it did look better. We barely speak to these thieves in sheeps clothing. Their intentions were clear and we were deeply hurt, but ever so grateful that she so stupidly educated us about that “crazy” law. She would have gotten away with it were it not for her own big mouth!
Why is it so expensive to fight this if your neighbor doesn’t have a strong case? What exactly has he done to make him believe he stands any chance of winning? I’m so sorry about this. Just as soon as we can we will erect a fence. I hate the thought of the expense but it’s a lot cheaper than wasted legal fees.
Fences make good neighbors!!! What a wise statement! Good luck!
Hi Tonya,
That was my situation! As we moved into our home, our retired neighbor (dealing almost always with the wife) stated that they had always maintained a section of our lawn because it was too hard for the previous owner of our home to mow. That section of lawn was 15 x 300 that ran down to the lake!
I explained to her that I was more than capable of taking care of my own lawn and told her how kind she was to do such a good deed. I thought that had taken care of everything, but, to my surprise, the next week, she and her lawn service started mowing that section of my lawn!
I explained to the lawn service that they were mowing my lawn and asked them to stop. Their response was that they had always mowed it in the past. I explained that I’m the new owner and I didn’t want them on my lawn again.
My neighbor, very upset, told me that she had told everyone what ‘nice neighbors we were’ and now I’m behaving like this. I again, in a very nice and non confrontational manner, explained that I am capable of mowing my own lawn.
Next week, same story! So, we solved the problem by putting up a very nice fence. When she found out what we were doing, she flipped and said that she talked with an attorney friend who said that she could claim that property as hers because she has been taking care of it and has proof!
Perhaps she thought that this might scare me into letting her continue to mow my lawn without her filing a claim, perhaps she just wasn’t thinking when she made that statement, but one thing is for sure, I knew right then that I wasn’t the bad neighbor; she was as you say Tonya, a sheep in wolves clothing!
Because I acted fast to stop my encroaching neighbor and didn’t wait, she was not able to file a claim.
Moral of my story – when you buy property, make 100% sure no one is encroaching upon it! There are always people out there ready to take what you worked so hard for, they’ll do it with a smile and try to make you feel bad for protecting what’s yours.
Fences really do make good neighbors!
Whoa, Jim!!! Doesn’t it just blow your mind that someone would stoop so low? I mean I would never want to steal from my neighbors even if it was legal. After all, these are the people you will be living next to. Not to mention it is just morally wrong. No doubt that it was your neighbors intention from the beginning.
I’m so glad that you neighbor, nor mine was able to get away with it.
OMG, these people are cut from the same cloth. You wrote, “There are always people out there ready to take what you worked so hard for, they’ll do it with a smile and try to make you feel bad for protecting what’s yours.”
Let me tell you that after we had the agreement written up for them to sign the husband came over while I was working in the yard and had the audacity to tell me that his wife was “hurt and offended” that we didn’t talk to her first before going to an attorney. He even implied that we owed her an apology and stated that he hoped “she would get over it in time”. I wished I could do the cartoon character face where the eyes pop out of the head, the scalp blows off and the mouth falls to the ground! That from someone who did what they did without so much as a word. She was something else, this lady. When we saw the changes my husband asked me, “Did she ask you if she could do that?” My reply, “Ask me?!!!! She didn’t even tell me!!!!” But yet we should have talked to her first. “Hurt and offended”, hmmm…..she’s lucky she’s not bruised and beaten.
Sorry about the rant but it angers me still to this day and it’s been over a year.
Good luck and enjoy your property!!
I pay 26$ a month for pre paid legal and, all I have to do is call and, ask them. They answer me for free. I intend on using them to walk me through an advers possession.
What is the time for adverse possession in TX? It is not listed as one of the states.
This just happened to me. My Father was friends with the person that took 4.26 acres in 1992 until he passed in 2001. Now my fathers friend whol lived next to us took us to court and retained it by adverse possession, because he mowed it, and my father knew it because they were “friends” My family has paid taxed on this portion of land for 41 years. This “friend” knew this was not his as in the deed and survey at the time of sale. And now just took it!!! Our local county judge determined this because he mowed it and it did really need to be mowed, he thought it would make his place look better. We can’t spend anymore money on this. I do want to be advocate like you to tell people please walk all property lines and mark them clearly and run people off your property in any circumstance. Its Land Grabbing here in Arkansas. I know now I can go mow some property with permission for five years and then it Mine!! Thanks, Stephanie Yant
As it happens I am a “trespasser”, so to speak, unbeknowst to me when I bought my property the septic tank happens to have been put on someone else’s property, of which there was a verbal agreement between the former owners, of course, it not being in writing doesn’t mean much now that someone else has bought the property that my septic is on.
The septic has been there a total of 25 years already, so according to this adverse possession law, of which I am now learning about, could mean I could retain the property, as I have maintained it for the last 7 years, and the people who sold me the property did the same for 18 years. There wouldn’t have been this problem if I would have know who owned the property where the septic is, I could have purchased it from them, but was told it belonged to the Corp of Engineers, which was not the case, and when I purchased said property, the owners walked the property line with my son, and of course, the line they walked was behind the septic tank,
I had no idea of this not being the real property line. So I was sold the property thinking my line was further out than it truly is, now that I have had to pay for a survey of my own. And since, this person who bought the property, is not willing to sell it to me, or come to any type of resolution, it is only .021 of an acre that is being contested. He wants $7000.00 now for it.
Feeling that the law will probably be in my favor I am going for adverse possession of the property, which is in Missouri and you only have to take care of it for 10 years, consecutively, and it has been longer than that, time adding to 25 years. So, sometimes, what happens isn’t always the trespasser’s fault.
I found an abandond house in san Fernando valley, California. I have lived here for about five years, I have had the utilities on 95% of the time, in mine and other friends name. I have made alot of improvements here. No one has ever came here to claim this house. Recently some home less people learned that I am here, they try to mussel me out. I stand my ground. the homeless people here use drugs and are distroying the place,I have no leagle recourse here. how do I start the the adverse possion paperwork ? and how do I prove I have been here the whole time?
please advise me so that I can get this place. I belive I can afford the property taxes.
thank you.
felix
own 40 acres since 1994 with a one acre cemetary in once corner. moved back home here in ar. been here for 2 years and my own family are trying to take more property from me since i have arrived since they have mowed the area around the graveyard in exchange for parking during funerals and decoration day they want to take more land from me. i have paid the taxes and my father paid the taxes on this property and the only reason they could park in our field was during the funerals and special services was in exchange for keeping the mowing up. we had already donated the one acre. how much do we have to keep giving these back stabbing people. i am the only one left and they just keep taking and taking.
Ok..My parents bought a house with 1.9 acres in 2004 and there was an existing fenceline that my neighbor, who has an annual farm show, had placed on the so called “property line”. When we moved in we took down the poorly constructed fence because we had had our land surveyed and the survey markers disagreed with the existing fence.
We then erected a fence so that I could get a horse for a 4-H project. Our neighbor threatened to file a lawsuit against us for stealing his land. He bought his land in 1979, there was a survey done in 1990 to show the boundaries, therefore he couldn’t yet claim adverse possession because it was only 11 years and in Kansas you have to obtain the land for at least 15 years. Every time this questioned land was surveyed, he would remove the survey markers, claiming he didn’t know what the “obstruction” was so he removed it.
When we moved in in 2004, we had the land surveyed again to make sure of the boundaries. He removed all 7 markers, yeah we had to have 7 surveys done in a matter of 2 years. Finally in 2006 we erected a fence. However, when he held his annual farm show, a tractor-trailer laid our fence flat!!!
This past year we have been to court with him. He claimed the deed had been unquestioned since 1979, why then had there been a total of 15 surveys since 1979??? My question exactly! However, the judge granted him the land and I no longer can have a 4-H project because the fenced in land was 1.5 acres and now we only have approximately .4 acres…which we do live in the country therefore we have a septic system and now we couldn’t get a new septic system put in because we do not “”"own”"” 2 or more acres. Also, we will never be able to sell this house!!!
Do we ask the presiding judge to reconsider or do we take it to the Kansas Appellate Court?
Give me your thoughts please!! Anything, comments, questions, advice!!!!!!
PRE PAID LEGAL? PLEASE come back and post what they tell you! These crooked attorneys are QUICK to tell you how OLD a law is ‘on the books’ that benefit THE PEOPLE and we find out that we have some power and start applying it! lol. I have been doing adverse possession for years, and IT IS POSSIBLE TO DO! You just have to be aware of the local customs pertaining to TRESPASSING, and be smart about taking possession; but then I also perfect my claim in COMMON LAW, and do a land patent. I DON’T LIVE ON THE PUBLIC SIDE, but rather the private.
Can’t wait to hear the PPL story… I used to sell it until I found the POWER OF THE COMMON LAW! Now I am a common law lawyer, and a Private Atty General :)) for assistance with adverse possession issues, I am available via at commonlawmethod@gmail.com
I thought the time period for adverse posession in Virginia is 15 years rather than 20.
You have to stay on top of this, at least that’s the way it is with my neighbor.
I was out edging my property when Mrs. Harassus came out and told me I was edging her property! She had just called out the local surveyor last year, found out that it was indeed our property and promptly removed the stakes a week later.
In talking with her further, I found out she wants to put up a fence, but in order for it to look nice, it would need to butt up against our driveway and well into our property, otherwise, it would sit closer to the center of the properties and would look odd. So, rather than ask, I believe she just made up a story and thought I would go along with it.
A couple of years ago, Mrs Harassus tried to take a huge section of our back yard, claiming that she maintained it and that her attorney friend said she could take us to court – I didn’t mess around with that and immediately put up a nice fence!
Moral of the story: There are always those people who will try to push you around and take what is rightfully yours; with these people, you have to stay on top of your game, take every comment seriously and be firm in your resolve!
I may be the accidental trespasser. When we bought our home with 5 acres over 10 years ago, we were shown a fence on one edge of the property as being the property line. Since then, we have planted trees along that edge, and many others have grown up on their own.
Our neighbor (a farmer who owns many acres around us) claims that the fence is not the actual boundary. He now wants to move the fence a few feet into what we consider our property. This will require most of our trees to be removed to accommodate the fence.
Also, at this time he does not make us pay for half of his fencing (we do not farm), but if we don’t go along with his plan, he can legally make us do that.
My neighbor will mow weekly about an eight foot section of my property. Even if I had mowed the property the day before. He jokingly says he can claim the property because he has maintained the property, is this true?
Your input on the Idaho adverse possession laws is in fact incorrect. according to the Idaho Code A5-210, the period is 20 years and not 5 years. Might want to look into changing that on your site so that you are not providing false information.
C. Main -
Adverse possession is based on the statute of limitation doctrine. For any given jurisdiction, the statute of limitations is X years for trespassing, In KS it would be 15 years. Upon the running of the SOL, the original owner no longer has a right to eject the adverse possessor from the property. On the very day that the SOL has run, the property becomes the possession of the adverse possessor by Act of Law. Act of Law is tighter than a written instrument and even supersedes a Fee Simple Deed.
Without exigent circumstances, an appeals court will not hear questions of fact so I do not know if my advice helps. These are issues that should have been brought up at trial.
1) Assuming adverse possession was in fact taken, it most likely would have been taken prior to your purchase of the property in 2004. Therefore, any mitigation done by you would be moot. The possession would have been final on the day the SOL had run. This would also make your removal and replacement of the fence destruction of private property, a criminal offense, trespassing of land, trespassing of chattels and conversion, all both criminal offenses and tort offenses.
2) His purchase of the property in 1979 is not determinative of the day the SOL started to run. What day was it that he actually took possession of the property in question? What was the first year of the show? Fifteen years from that date is all you have to work with when questioning the validity of his claim.
3) His continued use of the property after the surveys is not a “defense” for you. If anything it strengthens his case. He knew, he was told, but he continued to use the property adverse to the actual owners rights.
4) At any time during the 15 year running of the SOL had a previous owner of your property given him permission to use the property? This would negate the adverse element unless the neighbor explicitly refuted the permission. The SOL would restart when an owner decided that he no longer wanted the neighbor to use the property (when his possession became adverse).
5) You say it was an annual show. Did he use the property at all the rest of the year. Continuous use is a required element of AP. Was there a period during any of the qualifying 15 years that he did not have the show and did not use the property?
6) An unquestioned deed is only a factor insofar as it relates to the type of claim that he is making, claim of right or color of title. Here, an unquestioned deed argument indicates a color of title case. This means that he actually thought that he owned the property and thought he had title to it. I believe this means little with regard to the numerous surveys as the court probably ignored the claim and decided the case on a claim of right grounds. Color of title would only be an issue if he was trying to annex more property than was actually used.
7) Who was the previous owner? When did they buy it? How did he feel about the neighbors use? If he had a running battle with the neighbor and the neighbor continued to use the property anyway, this is bad for you (it is called ADVERSE possession). If, however, he knew that he owned the property and was just letting the neighbor use that property, you may have a case.
8) Exclusivity is also a required element of adverse possession. At any time did the neighbor not allow an actual owner to use the land? If so the SOL would not run until the neighbor explicitly put a stop to this use and the neighbor again became the exclusive user.
The key is to look for breaks in the elements, once an AP ceases to use the land, it can be claimed that the continuous element has been broken and the SOL had to restart. Same with the exclusivity and adversity elements. The problems lies in getting former property owners into court to testify.
If you can show that the trial judge erred with respect to a question of law you may receive a new trial and be able to ask the questions above. If not, bully for your neighbor. There are reasons that the law allows this this happen.
Above is based on federal rules and generic jurisdictions.
I purchased a log home in Granby VT on 67 acres (BIG THICK WOODS) . All title searches turned up no encumbrances. But, the sellers failed to disclose occupied trailers on the property. I discovered them after purchase. Now 3 years later we are waiting for our court day to permanently evict the tenants and demand removal of their 1952 trailers!!!! Maybe the trailers will rot quicker.
This has been a nightmare of reitrement.
Update: The surveyor paid another visit and Mrs Harassus was shown the property line once again. It didn’t change… this time, the surveyor put bright red caps on them and made sure they were well into the ground so that she could easily locate them.
There are people like Mrs Harassus that will harass you and attempt to bully you into submission. Last time, she threatened to take a 15 x 300 lake front section from us, this time it was a lot smaller, but this is exactly what you have to watch out for!
What about her husband? He’s submissive of course – no help there!
This last incident was all over me edging the my driveway! Be thankful you don’t have a neighbor like this!
I thought the time limit in Fl was 7 years for adverse possession?please let me know what all had to be done in Fl. So I can keep my eye out. thank you
Your information regarding adverse possession in Florida is INCORRECT. You site the correct statute (95.16 – 18), But you apparently don’t read that well. THERE’S ABSOLUTELY NO REFERENCE to a 20 year period. It is 7 years under color of title, and 7 years if not under color of title if person has paid taxes.
Upon review of other comments to various posts on this site, I hope you’re not a lawyer; if you are I’d suggest increasing your malpractice coverage to about $1 BILLION !!
Does adverse possession come into play on Native Indian land?
Also does Statue of Limitations come into play on Native Indian Land?
hello i just moved to college park ga and need to know the squatter’s rights here
i have seen several abandoned properties here and wish to know all else that i need to do here (missouri squatter)
Hi i found a home that would be great for me and my family to start a farm and i tracted done the owner and it was countrywide home loans inc. and found out they were bought out by Bank of America and i contacted then and they have no records of the property and i can’t get ahold of anyone from countrywide can i use adverse possision in this case to get the house and land