Is adverse possession of real estate solely based on the number of years passed, regardless of a change in ownership?
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Is adverse possession of real estate solely based on the number of years passed, regardless of a change in ownership?
A year ago, we purchased our home after renting it for 2 years. The previous owners, my in-laws, lived there for 30 years. At the time of purchase our bank informed us the property line was off and we should hire a surveyor which we did. The survey showed the line was off 15 feet at the widest in our favor between our yard and the neighbor to the right. The other owners purchased their home 6 years ago. We heard they were planning on moving, so talked to them nicely to let them know we would like to correct the property line before they list and would pay for the new fence. Never heard any push back from them, and now just received a letter from their lawyer that the line will not be moved because they
Asked on June 9, 2018 under Real Estate Law, Washington
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If all the elements of adverse possession for the statutory time period have been satisfied, adverse possession has been established.
The time period of different owners can be added to satisfy the statutory time period for adverse possession.
For example, if the statutory time period is 10 years, owner A lived there four years and owner B lived there six years, the total time is ten years which satisfies the statutory requirement to establish adverse possession. Adding the time periods of each adverse possession claimant is called tacking.
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If all the elements of adverse possession for the statutory time period have been satisfied, adverse possession has been established.
The time period of different owners can be added to satisfy the statutory time period for adverse possession.
For example, if the statutory time period is 10 years, owner A lived there four years and owner B lived there six years, the total time is ten years which satisfies the statutory requirement to establish adverse possession. Adding the time periods of each adverse possession claimant is called tacking.
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