Posted on: 28th Mar, 2008 08:55 pm
I own 20 acres of land and have been paying taxes on it since i inherited it. I have not done anything to the property and really don't even know where it is. Do you mean that if someone has been using my land without my permission for over 10 years they could take it from me? How can that be? It's my land and I've paid taxes... if they were to keep the property could i sue for the taxes i've been paying? isnt' this stealing?
Hi Sal,
Welcome to the forums.
I need to know in which state you reside? depending upon that I can tell you whether anyone using your land for long 10 years have the right to claim adverse possession. Meanwhile you can read through a previous discussion in the forums about adverse possession .
Take Care
Welcome to the forums.
I need to know in which state you reside? depending upon that I can tell you whether anyone using your land for long 10 years have the right to claim adverse possession. Meanwhile you can read through a previous discussion in the forums about adverse possession .
Take Care
thanks for the welcome...property is in texas
Hi Sal,
One needs to stay and use the property for a period of 3-25 years in order to claim adverse possession.
Hope this helps...
God bless you.
Samantha
One needs to stay and use the property for a period of 3-25 years in order to claim adverse possession.
Hope this helps...
God bless you.
Samantha
My neighbor built a wall on what he thought was his boundry line. When the wall was built(3 years ago) I questioned the boundry line as determined by his recently completed survey. This year I intended to give my daughter a 1/2 acre tract next to the wall for her new home. I had the property surveyed and found that the wall was 7 feet inside my property boundry. This presents a problem in meeting the 1/2 acre lot requirement in this area of town. I offered an easment to the neighbor which would allow us to maintain ownership of the land and at the same time allow them to keep their wall and use of the land. They refused this offer and are claiming ownership of the land through adverse possesion. It should be noted that the previous owner had put up a fence several years ago to contain his dog and I was not aware of the fact that the fence was in my property. Any suggestions? Your help wpuld be greatly appreciated. Tom Trujillo
Hi Tom Trujillo,
Welcome to the forums.
In which state do you reside? depending upon the state you are in, and the number of years the neighbor has occupied the disputed part of property, he may be able to acquire it. I suggest that you take help of a legal professional in order to resolve this issue.
Take Care
Welcome to the forums.
In which state do you reside? depending upon the state you are in, and the number of years the neighbor has occupied the disputed part of property, he may be able to acquire it. I suggest that you take help of a legal professional in order to resolve this issue.
Take Care
Adverse Possession is a NIGHTMARE. YOU NEED TO CLAIM YOUR PROPERTY IMMEDIATELY. Check with a lawyer to find out what the statutory length of time in your state is. If the fence has been there shorter than that time, you are fine, if longer, you are screwed. If shorter, write the neighbor AND your county a letter like this:
Dear Neighbor,
It has come to my attention that you built a fence on my property in <location>. I reserve the right to have this fence removed or maintained to my standards at any time. I will provide you with notice if I want you to remove the fence.
If you do this, you have now stopped the clock ticking.
PLEASE NOTE: if the 10 years (or whatever it is in your state) has passed, DO NOT...REPEAT DO NOT touch the fence. You have lost the property and the fence is not yours. If you touch the fence, you will be liable for TRESSPASSING, triple damages (the cost of the damage) and you will have to pay the neighbors attorney fees. Get a good lawyer and try to find evidence that the fence was down for a portion of time or is not that old.
Good luck...neigbors can be real evil when it comes to this kind of thing.
Dear Neighbor,
It has come to my attention that you built a fence on my property in <location>. I reserve the right to have this fence removed or maintained to my standards at any time. I will provide you with notice if I want you to remove the fence.
If you do this, you have now stopped the clock ticking.
PLEASE NOTE: if the 10 years (or whatever it is in your state) has passed, DO NOT...REPEAT DO NOT touch the fence. You have lost the property and the fence is not yours. If you touch the fence, you will be liable for TRESSPASSING, triple damages (the cost of the damage) and you will have to pay the neighbors attorney fees. Get a good lawyer and try to find evidence that the fence was down for a portion of time or is not that old.
Good luck...neigbors can be real evil when it comes to this kind of thing.