Adverse possession of land: Neighbor placing a large pile of dirt on our lake shore land. No house on land.
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Adverse possession of land: Neighbor placing a large pile of dirt on our lake shore land. No house on land.
Neighbor seems to have a different idea as to where the property line is even though the markers are visible.
Asked on May 28, 2009 under Real Estate Law
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
Adverse possession requires, as a minimum, the following five conditions being met to perfect the title:
- Actual possession of the property
- Open and notorious use of the property
- Exclusive use of the property
- Hostile or adverse use of the property
- Continuous use of the property
There can be other requirements but you didn't indicate what state you are in. For example, how long has been going on; some states require 7 years, some 10, some longer. Additionally, who has been paying the taxes on the property in question; that makes a difference in some states. If any requirement is not met the, the claim against your property fails.
Quite frankly, this may be a case of trespass not adverse possession. You should consult with an attorney in your area on this. They will be able to best advise you on the matter.
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