Posted on: 15th Nov, 2005 06:06 pm
Neighbor in bankruptcy selling some land adjoining me. Bank thought they had 50 acres morgaged but when surveyed came up with 45 by legal description. Our legal description agree but long established fence leaves appox. 5 acres of my property on his side of fence. Neighbor and I agree that surveyed line is right and fence can be moved but bankruptcy lawyer insist that they,the court, will force land owner/neighbor to claim adverse possesion to satisfy their 50 acres. I'm sure legally the neighbor can claim adverse possesion as I understand it but should the court be able to force him to?
Hi,
As far as my knowledge goes court cannot force your neighbor to claim possession on that 5% of the land.
Thanks,
Jill
As far as my knowledge goes court cannot force your neighbor to claim possession on that 5% of the land.
Thanks,
Jill
Hi,
I also agree with Jill. Your neighbor can only claim adverse possession if he is willing to do so. This also depends on whether your neighbor ever filed a suit for claiming possession on that 5% of land in past. And if he has not legally claimed that land till now and is not also willing to claim it now,then i dont think court can force him for doing so.
Thanks,
Jerry
I also agree with Jill. Your neighbor can only claim adverse possession if he is willing to do so. This also depends on whether your neighbor ever filed a suit for claiming possession on that 5% of land in past. And if he has not legally claimed that land till now and is not also willing to claim it now,then i dont think court can force him for doing so.
Thanks,
Jerry
Hi,
Welcome to MortgageFit Forums,
I understand your problem. But as Jill and Jerry I also think that the court cannot force your neighbor to take possession on your land. Your neighbor can only claim adverse possession if he can fulfill some of the conditions like he must have used that much of property for more then 10 years ( this differs from state to state ), he can only claim adverse possession if he has payed property tax for that property.
Actually in order get title to that land your neighbor will have to file a case in the court. This process is both time consuming and expensive.
I hope this information will ease up a bit of your tention.
For more information please visit our section on Adverse Possession.
God Bless You.
Thanks,
Samantha
Welcome to MortgageFit Forums,
I understand your problem. But as Jill and Jerry I also think that the court cannot force your neighbor to take possession on your land. Your neighbor can only claim adverse possession if he can fulfill some of the conditions like he must have used that much of property for more then 10 years ( this differs from state to state ), he can only claim adverse possession if he has payed property tax for that property.
Actually in order get title to that land your neighbor will have to file a case in the court. This process is both time consuming and expensive.
I hope this information will ease up a bit of your tention.
For more information please visit our section on Adverse Possession.
God Bless You.
Thanks,
Samantha
I would like to know can I file Adverse possession, I've been living in my Parents house for over ten years paying taxes doing all the upkeep on the house, and now my sisters want my dad to put me out to me thats not right.
hi sherry!
welcome to forums!
you can ask your father to sign a quit claim deed and add your name as the sole owner of the property. once your father does so, you'll become the owner of the property and your sisters won't be able to come after the property.
feel free to ask if you've further queries.
sussane
welcome to forums!
you can ask your father to sign a quit claim deed and add your name as the sole owner of the property. once your father does so, you'll become the owner of the property and your sisters won't be able to come after the property.
feel free to ask if you've further queries.
sussane