Posted on: 30th Jun, 2010 03:24 pm
We purchased a lot beside a river 25 yrs ago which was totally forested. No one was near us for 1 mile - then suddenly 3 yrs ago the properties started to occupied. We always considered our lot to #ll - just recently my niece moved next to us and another gentleman purchased 6 lots beside her. To shorten the story - it appears we are actually on lot #10, which belongs to our niece. Over the years, we cleared the land by hand and now it is quite lovely with our trailer and flower gardens & grass. Do we qualify for adverse possession??
No, because one test is the "hostile or adverse" use of the property. Did the true owner know it was their property? Also, did you pay taxes on it? While paying taxes is not a must, it is does present a stronger case for AP. Based on what you have outlined, I'd say your chances are zero.
I would check with a local real estate lawyer. Generally, one must have "hostile intent" to occupy a property. I would argue you were mistakenly on the wrong lot you thought was yours so you had no hostile intent. Another argument could be made that hostile intent is objective in which case you would have the requisite intent. I would have to research it, but it is worth pursuing.
