Your Crazy Neighbors and Adverse Possession

 


Do you own your property? Well of course!



Not so fast. You have to pay taxes so there is that. Also, some properties require payment to a Homeowners Association. What if you are required to hook into municipal water and sewer?

So yes you own the property. Well wait unless you have crazy neighbours who are hatching a plot to take part of your property from you!



There are several legal concepts related to private property rights in the United States. One of these legal concepts is the right of private property owners to prevent unwanted visitors from entering their properties. Signs, fences, and electronic security systems often work together to keep intruders away. A private property owner can also call the nearest law enforcement agency for assistance in the case of an unlawful intruder.



You might be surprised to find out that when a trespasser has been on a property for a long time, the trespasser may legally own the title to the land. This is known as adverse possession.


What is Adverse Possession?

 

Many Americans raise an eyebrow when they find out that under specific legal circumstances, a trespasser can enter private property, remain on it, and eventually become the legitimate owner of the property. As the legal term for this maneuver, adverse possession allows a trespasser to acquire property ranging from just a few feet to dozens of acres. Some instances of adverse possession happen by mistake, such as when a neighbour builds a fence line that runs several feet into someone else’s property.

 

Adverse possession cases frequently end up in court because the property owner files a lawsuit against the trespasser. Also, a trespasser can file a claim called a “quiet title” that asks a civil court judge to decide which party owns the private property in question.



Legal Requirements for an Adverse Possession Claim

 

For a civil court judge to rule in favour of the trespasser in an adverse possession claim, the trespasser must provide evidence that satisfies some requirements. Four requirements must be met for a case to qualify as adverse possession.

 

· Actual

· Hostile

· Open and notorious

· Exclusive and continuous for a designated amount of time

 

Hostile

 

Hostile does not mean a trespasser crashes down a security gate with a triple-plated armoured vehicle. It implies that a trespasser has occupied at least some portion of private property without permission. The trespasser is also aware that he or she has gained access to someone else’s property. A good faith mistake means the trespasser did not know the property belongs to another person.



Actual

The second criterion for proving adverse possession is called actual possession, which means a trespasser took the property and began treating it as if he or she owned it. Read more…

 

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