TaxMan
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You can claim your neighbors piece of land IF you meet the rules of adverse possession in your state. The rules of adverse possession differ from state to state. For instance, in California, among other things, you would have to had paid the property taxes on the land to claim it by adverse possession. Check out the link below for the general rules.
Alternatively, you may be entitled to an adverse easement (i.e. right to use).
You should discuss the specifics of your case with the real estate agent selling your home or a real estate attorney. It is wise not to represent to a prospective buyer of your home any rights you might have with respect to the neighbors piece of land until you legally establish those rights. |
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newmexicorealestateforms
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OK what you are attempting to find out is if you have claim to the title by adverse possession. You'll need to go to your state's statutes to determine what the guidelines for adverse possession are. But here is some generalities that apply in some states and not in others when it comes to adverse possession:
1.) The occupation of the property must be open and notorious
2.) The occupation of the property must be for a statutory period of time (ranging from 7 to 20 years depending on the state)
3.) You must show that taxes on the property have been paid
4.) Claimant must have some kind of color of title
5.) To legally make the property actually come into your name you must file a suit in court claiming the property by adverse possession.
To stop adverse possession:
1.) If you think you are a victim of adverse possession and the statutory time has not been met, all you need to do is send a registered return receipt to the person adversely possessing your property giving them permission to use your property until you have time to Quiet the title in court.
Adverse possession is a legal way to take the property of others if all the statutory premises are met. |
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Lauren
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The only way to determine whose property it is for certain would be to look at the deeds and have both properties marked out by a professional surveyor.
I have seen property disputes where someone has even added onto their house and ended up on the neighbors land because they didn't get it surveyed first and just assumed the fence was on their property or the tree line was their boundry. |
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BoomChikkaBoom
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I don't know where you are located, but in the USA you are not going to be able to sell land that is not yours.
The title search, tax search and survey will expose your scheme, and you will be sued. |
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PollyPocket
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Have you put a fence around it? If you did then is there proof of when you fenced it? |
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Love life and share happiness
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You have to check if you have "squatters rights" meaning you are the owner now as you have been on the land for so long. Be careful and seek advice and don't be intimidated ! |
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Mark S
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I would get the county records of land titles and double check on ownership and exact size of both properties; yours and the mystry owners. Next talk to a lawyer and find out your rights or claims. This is not a situation you want to try and handle yourself unless you have the knowledge. I know it sucks to spend a little bit of money on the font end but it could save you thousands later on. |
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ogrendle
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This is called "Advere Possession". The laws vary from state to state. Ask your Realtor what they are in your state. If your state allows for ten year possession then the land may be yours. If not then you are trespassing or encroaching on the proprty of another. |
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Iknowthisone
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You can both argue till your blue in the face or find the deed to the land and if that fails have it surveyed. |
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rab2344
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First of all the fence thing is BS. There are no squatter laws within the US. Costa Rica has them, but not the US. The land and it's boundaries are registered with your local tax office. If you are trying to sell the land and it is not yours, you can be sued and charged with a criminal offense. |
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innovativeinvest@sbcglobal.net
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Every State is different..Connecticut has a law called Adverse Position..Which means if you even just cut the grass or planted flowers there and no one claims it in 15 years than it is all yours....So you need to see if your state has that law and how long...Did you pay the property taxes?
Real Estate Investor.. |
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Tuppence
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you might want to specify which country you are in as property laws are different in every country. It's the only way you will get accurate advice. |
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ruddy
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site survey get it done and find out who it is registerd to by land registry etc get your solicitor or you can find this - dont waste time if the lawyer noted below says if no claim after 12 years then you better move fast |
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shin
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Ask him to show the land certificate. If he can't then legally he does own the land.
As for you, if you want to sell the house, you need to also sell the land to the house owner, and you will have difficulties in selling it, if you yourself cannot produce the land certificate to the buyer lawyer in order to complete the transaction. |
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troythom
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The "owner" claimed it 11 years ago. Technically the ownership has been in dispute for 11 years. Have a professional survey done to find out exactly where the property lines are. If the survey shows that it is your property tell him to get ****** and go on with life. |
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kerrykinsmalosevich
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It needs to have been fenced in for 12 years and the owner needs to have never requested it back. You may be in trouble if he now has! I am a property lawyer, e-mail me if you want to know more. |
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Debi K
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if you have taken care of this land for all these years, by mowing the lawn, etc, you may be the owner by having cared for it. i hope you have proof of your being the only who took care of it. get a lawyer, in order to lay claim to this piece of property adjacent to yours. if he has neglected it and you have not, you may have acquired rightful ownership to it by law. also, have you put a fence on this property and have not been challenged by the absentee owner? if so, it's yours. good luck. |
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Jasper*Sting
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Go with Kerrence, she knows what she is talking about and do it pronto. |
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stevekc43
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The question is, do you have proof of ownership. If you don't have proof and its actually not your land then you certainly cannot sell it. |
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aquired
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the real question is, do you own the land?? If you don't know than you can go to the city and find out exactly where you property line is. If you have the info and you know that you do not own the property than you cannot just claim something that you never bought. Even if he doesn't own the land, somebody does own it. Either way, the city has all the info. If the city says they have no record of ownership on that property for some wild reason than find out what you can do to aquire it via purchase as good price. |
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Clarkie
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Have neither of you done a deed search around this property? How is it you have managed to erect a house on property ostensibly owned by someone else, without his noticing?
If he owns it, and you have been using it, you may be able to claim it by "adverse possession" - but you must go through an attorney to figure this out. Go to the hall of deeds in your county, get a copy of the last few transactions regarding the property, and you may have to have a professional surveyor come in to map it out.
Good luck. |
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Lady J
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If I were you, I'd call an attorney for advice. Do you use this land to enter your property where there may be an easement? Or is it tucked in the back? |
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