Land disputes

UPDATED: Jun 25, 2009

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Land disputes

Is it still considered “hostile” if the actual land owner offers a license agreement but we do not accept?

Asked on June 25, 2009 under Real Estate Law, California


J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I am assuming you are asking with regard to possible adverse possession of a piece of land. In general the element of hostility in relation to adverse exists when a person possesses the land of another intending to hold to a particular recognizable boundary regardless of the true boundary line. You cannot claim "adverse possession" if you are engaged in the permissive use of somebody else's land.

So if the other individual is aware of the use of their land and offered a license they are permitting such use. As far as your refusal to sign it that would be helpful in pursuing this argument but would probably make it very difficult to prevail.

If you want to be sure I suggest contacting a local attorney regarding this issue. If you explain the specifics they can see if all the elements are met and let you know how best to proceed. Good luck

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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