Need help on Adverse Possession

Adverse possession deals with the title of a real property. It is the process by which title to a real property of some other person is acquired without compensation. This is done by holding the property in such a way that conflicts with the true owner's rights for a specified period of time. The laws of adverse possession may differ from state to state. It would be better if you could mention your state.

I am suing for adverse possession of a piece of property. The opposing attorney says my statue of limitations has run out. what does that mean? I live in Mi. The lawsuit is in its 2nd year now.

what is the stature of limitations in a adverse possession suit?

Hi molly,

A statute of limitation sets a time limit on legal actions i.e. it bars suits after a certain period of time. A statue of limitation allows an adverse possessor to get the title to the property, if the actual owner does not seek possession within the specified period of time. Thus, I think you should immediately contact your lawyer and inform him about it.

we have been maintaining a 10 foot piece of property all the way down our property line for over50 years-the neighboring house has gone through 3 owners and not till the current owner is now stating they own that piece of property-doI have rights through adverse possession?

Hi tt,

If you have been maintaining the property for over 50 years and none of owners objected to it till now, you may have a right to the property through adverse possession. But you will be required to show strong evidence in court in support of your claim. It will be worth your while to consult a real estate attorney and seek his advice on this issue.

Thanks,

Jerry

Thanks Jerry,

I will be consulting the advice of an attorney.

Has anyone gone through this before and can give me a rough idea of what it will cost me when all said and done with lawyers fees ?

Hi tt,

You are welcome.

The costs involved in an adverse possession lawsuit are not fixed; they vary. Different attorneys charge different fees for filing the lawsuit. I don't have any personal experience of filing such a lawsuit. So, I hope someone on this forum, who had filed the lawsuit before, share his/her experience with us and give you a rough idea about the costs involved in this whole process.

Thanks,

Jerry

i am residing in my own house for past 17 years but when my house is under construction the land is put in case. the judgement given by highcourt before 10.5 years.now the land belongs to another. how to claim for advese possession.

Does this adverse possession apply to divorced couples? Divoced since 1973 and one party cannot be located; have tried locating through a lawyer and the courts with no luck. Have been paying taxes on property since 1973.

Hi Lisa,

Are you listed on the title to the property? If you are, then you already have an ownership interest in the property. You can file a quiet title lawsuit in court and have the title changed in your name. In case you do not have your name on the title and want to take possession of the house since you have been living in it for so many years, you can file an adverse possession lawsuit. Discuss these options with a real estate attorney as he can tell you which option will be best-suited for your situation.

my understanding of adverse possession is that if i have mowed, raked, seeded, tread upon, etc. a piece of land that is part of my next door neighbor's parcel for a specified number of years, then i can make a claim that the land on which i have done all these things ought to be mine inasmuch as i've effectively had possession for that period of time.

of course, i'd have to have some sort of legal remedy to do this, but it might or might not be worth my trouble to hire a lawyer to help me.

if someone has a better idea than i, please post it. this is simply my opinion, and it certainly has no basis in law, as i'm not a lawyer.

Hi. I own a house in ontario, Canada. I wanted to purchase another home so I found tenants to do a rent to own agreement on my house. The lawyers set the closing date of my house before I got a closing date on my old house. My tenabts moved in & I moved out with no place to live. I got the call from my real estate agent telling me the code for the key, that the house was mine. He got the verification from the bank that owned the house. I get a call later from my lawyer saying there is a lien on my old house & that they can't close the deal because of it. I have moved in after I got the key & before I got the call that I couldn't close. Now what the heck should I do? I don't have the $20,000 2 pay for the lien. I never really sold the house, just rent to own. Hellp me please.

If my mortgage company went out of business, my mortgage records lost or destroyed and investors unable to prove ownership of my loan, and I've lived in the house 5 years (three without making a payment) can I seek ownership through adverse possession? No foreclosure or sale date.
Thanks,
Ben

ben, if you are a homeowner, why would you need to seek ownership? i don't believe that adverse possession could possibly have anything to do with someone who owns his own home and lives there. what you're seeking is to void the mortgage that this unknown company holds on your home - that's a whole different kettle of fish. you'd be well-advised to discuss this with a lawyer. has anyone tried to convince you that you ought to be making payments on the mortgage?