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Adverse property possesion.

Posted on: 24th Sep, 2006 12:36 pm
Neighbor trying to claim property after I just had land survey. She removed new fence. She is trying to say old fence line is the boundry line and it should stay there. She has never paid taxes on property, also no upkeep as it is wooded. She rides four wheeler & snow mobile on that part which is aproximately 25 feet wide by over 100 yards long.
Hi Ron,

You need to check from the land survey report of the part of property claimed by the neighbor is included in your property area. If yes, then your neighbor has the right to claim it.

Thanks,

Sara.
Posted on: 24th Sep, 2006 08:24 pm
Hi Ron,

You can check out the adverse possession period in your state and if the neighbor has used the property for that period, then legally he can claim it.
Posted on: 24th Sep, 2006 08:40 pm
Hi Ron,

If you think the part of property claimed does not belong to him, you can show him the land survey report in order to convince him that you are the actual owner of that part. Or else, you can consult a lawyer and take his advice.

However, if the neighbor has used the property for a number of years, then first of all you need to check the adverse possession period in your state. If the neighbor hasn't used the property frequently, he cannot claim for adverse possession.

Know more about Adverse Possession from our previous discussions.

Thanks,

Caron.
Posted on: 24th Sep, 2006 09:10 pm
adversepossesion in west virgina the period of time it takes to get possesion of land
Posted on: 04th Nov, 2009 03:44 pm
Hi,

As far as I'm aware of, in West Virginia you need to possess the property for at least 10 years to claim adverse possession of a real estate property. There could be certain exceptions to this law. Hence, it is better to consult a local real estate attorney regarding this.
Posted on: 05th Nov, 2009 04:40 am
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