What is factual possession of land?

Factual possession simply means that an individual is treating land as their own by exercising a degree of physical control over the land to which their application relates. It was concluded that on this basis there could hardly be a clearer act of possession.

Can a neighbor take adverse possession of your property?

Even with neither the owner nor the neighbor having been aware of it going on, one can successfully take adverse possession of a piece of property. Please answer a few questions to help us match you with attorneys in your area.

What to do if neighbor claims your land?

Send him a letter or, if you feel more comfortable, have your attorney send a letter. That letter should make reference to specific property boundaries as described in publicly filed deeds. It should clearly state that you do not consent to the use of your property, and that you revoke any perceived license that he believes he was given.

Can a person claim title to someone else’s land?

A little-known rule of law says that if you use someone else’s land for a long enough period of time, you can actually acquire legal title to it. This rule is called “adverse possession.” In order to claim adverse possession, a person must use someone else’s property for a period of years.

What happens if my Neighbor builds a shed on my property?

This means that if your neighbor built and uses the shed for the statutory period, and you don’t say anything to stop him or assert your ownership of the land, he might be able to establish his own ownership through adverse possession.

Can a neighbor claim ownership of your property?

One example would be a man who starts parking vehicles on the neighbor’s land, or extends his fence or landscaping beyond his borders. After time, he can actually claim ownership to the property he has been using. Before a person claims land via adverse possession, a series of conditions must be met. Use the land openly.

What happens if you take your neighbor’s land?

If the owner has not given permission to use the land, the use is considered “hostile”. Another condition in qualifying for adverse possession is “hostile” use. If your neighbor gives you permission to use a portion of his property, you can’t come back later and claim ownership via adverse possession. File a request for clear title.

When does your neighbor claim your property as adverse possession?

The neighbors feel that since they’ve maintained the property on their side of the fence for 10 years- the law says they now own the property. It’s called adverse possession. “My mom’s been paying taxes on that part all these years. We’ve been paying taxes on it.

How big is your neighbor’s property line?

Atkinson says after her mother died she noticed the neighbors had their side of the fence landscaped and expanded the driveway. Earlier this year, when she finally paid for a survey of the property line- she received a letter from the neighbor’s attorney. “They’re claiming 308 square feet of our property!” Atkinson said.