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Do i have rights through adverse possession

Posted on: 22nd Feb, 2007 05:10 pm
i planted trees 25 years ago on a 8\' x 100\' strip of land across the st. & have maintained it since. since planting the trees the land behind them has been developed. the trees completely blocked the view of the strip mall & other buildings. the city owns the land & for known reason cut off the bottom 8\" of each tree causing them to die. do i have any recourse thru adverse possion in a wv city?
As I know it public land or land owned by the city cannot be lost by adverse possesion of any person.

Graetzel
Posted on: 22nd Feb, 2007 06:18 pm
Welcome bpryor_1,

Adverse possession deals with real property of any person, not that which is owned by the city. Therefore, I don't think you can possess this kind of land.
Posted on: 22nd Feb, 2007 10:23 pm
If I own some land, and a neighbor decides the line wasn't in the right place, can he move it over without going through any court procedeings or some kind of legal actions. The title and property deeds have always had it right where it is, and had fence post there for at least 12 years.
Posted on: 22nd Apr, 2008 11:16 am
Welcome Martha.

I don't think your neighbor should change the property boundary line without conducting a survey. He can himself appoint a surveyor and confirm that the boundary line is incorrect. But he should send you a notice of intention to survey since your property is involved here.

If the survey proves that the boundary line is indeed incorrect then you will perhaps have to pay half of the survey costs. But as far as moving the line is concerned, I think he needs to involve an attorney here.

Thanks.
Posted on: 23rd Apr, 2008 12:22 am
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