Posted on: 22nd Dec, 2005 06:56 pm
Hi, I'm very worried, I live in New Jersey. I bought my property almost 9 years ago. When I first bought the home there was a (chicken fence) on the yard. We decide to by a pool we also got a permit and followed the fence that was on there already. Now we just found out that our pool is 14 feet into next door. The house next door has been sold and resold over and over again. The latest owners have been there for 5 years . I rec'd a letter from their lawer stating we must remove our pool. I had no idea of this intill now and in my title I just notice is excluding the fence. I did go see a lawer but he stated to me it will cost me about 5,000 to fight this issue . I know the person who sold us the home he grew up in the home he was only 12years old . His parents left him the home and when they passed he sold it to us. He also stated he had no idea because the yard has always been that way . The old neighbors state the same thing . Is there a way that I would be able to fight this on my own. Where do I start . Is there an application of some sort . I can't pay 5,000 but I can talk to him if I need him to draw a paper I would be able to pay him only for that but can I do the work go to court ?
Hi Mariacedar,
It seems that you are going through a difficult situation. But don't lose hope. Your problem seems to be common nowadays and I know a lot of people who have recovered from such situations. So don't worry. Have patience and keep your cool.
Regarding your problem, let me tell you that in New Jersey, one can only claim adverse possession on a part of property if he has occupied that property for 30 to 60 years (60 years with color of title and 30 years without color title). And as much as I know, you shouldn't have received a notice regarding this, because the owners who are asking you to remove the pool from their part of property, have occupied that property only for 5 years.
So I would suggest that you approach a lawyer who deals in cases of adverse possession as soon as possible. He will be the best person to tell you as to how you should proceed.
Also, refer to the adverse possession periods in different states.
Hope you get over this situation very soon.
God Bless You.
For MortgageFit,
Samantha.
It seems that you are going through a difficult situation. But don't lose hope. Your problem seems to be common nowadays and I know a lot of people who have recovered from such situations. So don't worry. Have patience and keep your cool.
Regarding your problem, let me tell you that in New Jersey, one can only claim adverse possession on a part of property if he has occupied that property for 30 to 60 years (60 years with color of title and 30 years without color title). And as much as I know, you shouldn't have received a notice regarding this, because the owners who are asking you to remove the pool from their part of property, have occupied that property only for 5 years.
So I would suggest that you approach a lawyer who deals in cases of adverse possession as soon as possible. He will be the best person to tell you as to how you should proceed.
Also, refer to the adverse possession periods in different states.
Hope you get over this situation very soon.
God Bless You.
For MortgageFit,
Samantha.
How many years necessary for adverse possession in Texas
Hi,
The adverse possession period in Texas ranges from 3 to 25 years.
Thanks.
The adverse possession period in Texas ranges from 3 to 25 years.
Thanks.
I HAVE ONLY OWNED MY HOME FOR ALMOST FIVE YEARS.
WE BOUGHT IT OWNER-FINANCE AND DID NOT HAVE TO HVE IT SURVIED.
THE HOUSE TO THE LEFT HAND SIDE OF ME WAS SOLD LAST WEEK AND HAD TO BE SURVIED ON MONDAY-SEPT.11TH,06...IT TURNS OUT THAT THIS HOUSE IS 6-7 FEET ON MY PROPERTY-WHICH IS 1/3RD OR MORE OF THE HOUSE. IT IS A SMALL HOUSE. BUT ALSO ANOTHER 5-7 FT. OF YARD...ALSO THAT I DID NOT REALIZE WAS ON MY PROPERTY. THE NEW OWNER IS VERY COCKY AND ARROGANT AND TOLD ME IT WAS A LEGAL SELL BECAUSE OF A TEN YEAR EASEMENT.
I WAS TOLD TO SEND HIM A CERTIFIED LETTER A.S.A.P. TO TELL HIM TO REMOVE HIS HOUSE OFF MY PROPERTY. DO YOU KNOW HOW I WORD THIS LETTER? AND IF I ONLY LEARNED OF THE PROPERTY LINE ON MONDAY -HOW CAN THE TEN YEAR LAW BE EFFECTIVE? THIS DIESN'T SEEM FAIR OR RIGHT. PLUS HOW CAN THE REALITY COMPANY EVEN SELL IT...WITHOUT A COURT ORDER?
WE BOUGHT IT OWNER-FINANCE AND DID NOT HAVE TO HVE IT SURVIED.
THE HOUSE TO THE LEFT HAND SIDE OF ME WAS SOLD LAST WEEK AND HAD TO BE SURVIED ON MONDAY-SEPT.11TH,06...IT TURNS OUT THAT THIS HOUSE IS 6-7 FEET ON MY PROPERTY-WHICH IS 1/3RD OR MORE OF THE HOUSE. IT IS A SMALL HOUSE. BUT ALSO ANOTHER 5-7 FT. OF YARD...ALSO THAT I DID NOT REALIZE WAS ON MY PROPERTY. THE NEW OWNER IS VERY COCKY AND ARROGANT AND TOLD ME IT WAS A LEGAL SELL BECAUSE OF A TEN YEAR EASEMENT.
I WAS TOLD TO SEND HIM A CERTIFIED LETTER A.S.A.P. TO TELL HIM TO REMOVE HIS HOUSE OFF MY PROPERTY. DO YOU KNOW HOW I WORD THIS LETTER? AND IF I ONLY LEARNED OF THE PROPERTY LINE ON MONDAY -HOW CAN THE TEN YEAR LAW BE EFFECTIVE? THIS DIESN'T SEEM FAIR OR RIGHT. PLUS HOW CAN THE REALITY COMPANY EVEN SELL IT...WITHOUT A COURT ORDER?
Hi Rhonda,
For easement the permission of the owner of the property is required, you will need to verify that the previous owner had given such permission or not.
Also easement does not provide the holder any right to possession of the mentioned property, it is only a right given for the use of the property.
Thanks
For easement the permission of the owner of the property is required, you will need to verify that the previous owner had given such permission or not.
Also easement does not provide the holder any right to possession of the mentioned property, it is only a right given for the use of the property.
Thanks
Hi Rhonda,
"AND IF I ONLY LEARNED OF THE PROPERTY LINE ON MONDAY -HOW CAN THE TEN YEAR LAW BE EFFECTIVE?"
In easement actually what happens is that at any time when the title to the property is transferred, the easement also remains on the property, which is referred to as easement appurtenant.
In this form the easement continues with the land or to be specific the easement is always present on the property even if the property is purchased or sold.
Colin
"AND IF I ONLY LEARNED OF THE PROPERTY LINE ON MONDAY -HOW CAN THE TEN YEAR LAW BE EFFECTIVE?"
In easement actually what happens is that at any time when the title to the property is transferred, the easement also remains on the property, which is referred to as easement appurtenant.
In this form the easement continues with the land or to be specific the easement is always present on the property even if the property is purchased or sold.
Colin
Hi Rhonda,
You need to check in your deed (recorded at the land registry office) whether the portion which the current owner claimed is in your name. If it is in your name, then consider the following conditions:
Thanks
You need to check in your deed (recorded at the land registry office) whether the portion which the current owner claimed is in your name. If it is in your name, then consider the following conditions:
- Condition1: The previous owner of the house on the left side has used that portion of your property
In this case, find out for how long the previous owner has used that portion of your property. Also, find out the adverse possession period in your state. If the time period of use coincides with the adverse possession period in your state, then by law, the previous owner is legally the owner of that part of your property. So, the current owner can possess that portion.
- Condition2: The adverse possession period is not equal to the period of use
You can send a letter of permission to the current owner if you are willing to hand over the used portion of the property to him. If the current owner does not accept it, you can contact your lawyer.
Thanks
Hi Rhonda,
You can word the permission letter to use property in the following way:
"I (your name), the owner of the property located at (your address) give my permission to (current owner) to use a part (mention the measure of property) of my property. I reserve the right to revoke this permission at any time.
(Your name) Date
I (The current owner) acknowledge that my use of the portion of land belonging to (your name) is by permission only, and that the permission may be revoked at any time.
(Current owner) Date"
While using this permission letter, you should give enough details of the portion of land you will allow for use.
Thanks,
Caron
You can word the permission letter to use property in the following way:
"I (your name), the owner of the property located at (your address) give my permission to (current owner) to use a part (mention the measure of property) of my property. I reserve the right to revoke this permission at any time.
(Your name) Date
I (The current owner) acknowledge that my use of the portion of land belonging to (your name) is by permission only, and that the permission may be revoked at any time.
(Current owner) Date"
While using this permission letter, you should give enough details of the portion of land you will allow for use.
Thanks,
Caron
I have resided at the same address, which was deed to my husband by his grandparents for the last 12 years. After Hurricane Ike we tried to sell the land to find that it was not titled to his grandparents. The house was in grandparents name and changed in 1944. The family has lived in the house since 1942. Can I file for adverse possession of the property? My husband grew up in the house, rasied by his grandparents. Is there a way to do this without an attorney?
Hi
"The house was in grandparents name and changed in 1944"
How did the title change? Did your grandparents sign it over to someone else? In case they signed over the title to someone else, is it possible to contact him and get a deed signed by him?
"The house was in grandparents name and changed in 1944"
How did the title change? Did your grandparents sign it over to someone else? In case they signed over the title to someone else, is it possible to contact him and get a deed signed by him?