My father let a local farmer use our land for grazing, some nominal fee was agreed and it was all done on a handshake. No written contract was drawn up, it was more of a gentleman's agreement. Fast forward a number of years and we found ourselves in a court battle to try and retain our family land which we luckily won. The lack of a contract and some other factors meant that it wasn't a clear cut case and it was really down to the judge on the day as to which way it would go.

Every court in the country has cases like this in front of them all the time. We have been approached by a number of people asking us how we solved our issue because they are going through something similar themselves.

I'm am not a solicitor and I would strongly recommend you get a solicitors advice and the best way to deal with your particular situation but here are a few lessons that we learned.

1. Always have a written contract, even if you are dealing with family/friends. It's fine to trust people but put it in writing.

2. Always have some sort of break in the lease. Even if it is just for 1 day of the year where all their animals, vehicles, etc. are off your land. To claim adverse possession they have to show 12 years of continuous access and if you can prove there is at least one day per year where they have removed all their animals then the clock on the twelve years get restarted.

3. Acts of ownership - Any kind of maintenance could be submitted as an act of ownership on your part. Painting a gate, fixing a wall/fencing, changing locks, chopping up old tree for firewood, plant anything on your land (fruit tree, flowers, veg, etc.)

Hi all, there is a plot of land next to our house that was owned by a chap in Scotland. He actually bought it as an 'investment' after being told it had planning permission (it doesn't, its greenbelt and I believe the guy that sold it to him spent some time at her majesty's pleasure for the sale of this and other plots). Anyway, the previous occupant of our house had been using the land for over 10 years before we moved in 4 years ago, and we have continued use since. About 3 years ago, the owner died, and we managed to contact his next of kin to discuss purchasing the land, however, the guy died pennyless and his family haven't bothered to go through probate as he had no other assets. They indicated that they have zero interest in a worthless plot of land 200 miles away and said "its yours to do with as you wish". Because they haven't gone through probate they don't officially own the land. Could this be considered as having the owners permission to occupy and therefore scupper our chances of adverse possession? Any other advice would be appreciated.

Edit to say the owner in Scotland didn't know the land was being occupied by the previous occupant of my house. We found out the land owner was dead when we tried to contact him about buying the land, and was given his next of kin contact details at that point.

My mom is facing a property line dispute in the state of WI, Rock County, and I hope to get some advice for her.

She recently inherited (bought her sister out) the property from her mother and had it surveyed when she took possession. She saw that the landlord owner next door has been using approx. 330 sq. feet of her land as part of a driveway for his tenants.

According to the landlord, my grandfather had formed a verbal personal easement agreement with him. The landlord bought the property in the early 80’s but I’m not sure when the agreement started. There is evidence for this agreement from our side too so we think he is telling the truth. My grandfather died in 2009 and my mom does not want to continue the easement agreement. She also doesn't want to make a new one as the apartment that the driveway originally provided access for has been vacant and unlivable since 2001.

Her lawyer wrote a letter to the landlord saying so, and he angrily burst into the lawyers office insisting he had the right to use it. In Wisconsin, easement agreements expire and my mom doesn’t want this to be/become an adverse possession issue.

She has formulated a letter to send to the landlord saying she will be moving her fence to the actual lot line and asking the tenants to use the currently unused driveway on the other side of the rental house.

Would this take care of it?

Does the landlord have an adverse possession case?

I live in a small development of 20 houses surrounding a small court. I regularly park outside my back gate which faces the court and have done for 14 years. The court is still owned by the original developer. I have no parking signs up and have made all attempts to prevent other from parking there as it blocks my back gate, I have on occasion called the Garda to get the cars moved. I recently found out that the developer has sold a number of parking spaces in the court and I’m wondering could I claim adverse possession of the one I use.

Hey guys, student here; my question is related to applying for registration after adversely possessing land:

From what I can tell, the difference btw applying for title over unregistered land Vs registered land is that for unregistered land, the previous owner's title is extinguished, whereas for registered land, the title is not automatically extinguished.

However, even with unregistered land, one has to apply for registration under LRA 2002, and undergo the same process where the previous owner has right to object. But if previous owners title is extinguished, how can they object? Isn't this contradictory?

The question is this: "Can you acquire the title for land from a town by adverse possession?"

The Situation:

I live in Maine, and am in the process of buying a restaurant on a lake. The property is a right triangle, with one leg being a State road, one leg being a Town road and the Hypotenuse being a property line that stops 15ft from the water. The story being when the town was established 200+ years ago there had been a wagon trail between the property and the lake. The wagon trail has not been used for 120 years, and that strip of land has been used by the restaurant for seating and recreation for 50+ years.

There is no title for the property, the town owns it by default. No one can pay property taxes, or purchase it, I have tried. Is there a way to amend the title when I purchase the property to include this strip?

Thank you

Fellow Redditor

I bought a house in March of this year. There's a large tree that sits on the property line between me and the apartments next to me, and my fence cuts back into my land to dodge the tree. The fence was put up in January of this year. Is there any risk of the owners of the apartment building claiming adverse possession of the triangle of land on their side of the fence? I'll attach a diagram to help visualize.

Diagram

Looking for advice on how to make a formal claim on land that has been within my fence line for the last 30 years. How do I go about taking complete legal possession of it?

Location: Victoria

Hi all, I bought a house last year that has some unregistered land. This land is only (really) accessible from our garden (alternate access would be scaling a 15ft wall and railings, so deemed that not an access).

We believe the land should belong to Canal and River trust, as they own our neighbours' land. They are responsible for maintaining towpaths (and that 15ft wall is the side of the towpath). When we discovered this during our checks, the previous owner did an indemnity policy, and also did an adverse Possession waiver stating that the land had been incorporated for 11 years into the home.

So my question is, could we say that it's been incorporated into the home for 12 years (now that we've been here for 1) or do we start again as new owners?

Essentially, I'd eventually like Canal and River Trust to be responsible for the wall. I'm still trying to figure out whether it's easier for us to be granted ownership of the land and hand it over to C&R or to approach them and ask for it to be given to them.

I have owned 20 acres of woodland for around 40 years. An ancient fenceline separates my woodland from a neighbouring Wood which changed hands some 32 years ago. The new owners of the wood renewed the fence along the original fenceline with my agreement with both of us agreeing the Boundry on-site. This was confirmed by letter 32 years ago. They are now saying they made an error and the fenceline should have been some 5 m further over onto my land. They have told me they will move The fenceline to this new position with or without my permission in 21 days time. I have clear evidence that I have occupied,used and indeed placed a hardstanding on my side of the Boundry over the decades can I now claim this land By adverse possession?

I have a piece of unregistered land that was included in the purchase of my house (purchased one year ago). I have the deeds. My neighbor is using this land as an extension of his garden and has done for over 15 years. There is a headge separating my land to my land that my neighbor is using.

It's not clear how this situation has come about. The situation was the same when my neighbor purchased the property 15 years ago (according to images from Google earth)

How can I protect myself from adverse possession? Or don't I have a leg to stand on?

I have already have given him permission in writing that he can use the land. I filmed the letter and the letter getting delivered.

Is there anything I can do? He has suggested he may make a adverse possession (but has not yet).

Should I gain access to the land by cutting a hole in my hedge or perhaps put a temporary fence on the boundary between his land and the land in question?

The neighbour accepts that I own the land but he feels he is entitled to it.

I did attempt to register the land just it was unsuccessful as the neighbour was occuping the land.

Any help would be very useful.

Thank you!

Okay, this is a bit of a doozy but I'm trying to help some family out.

First and foremost, this issue occurs in the state of Maine.

Family members A & B have owned a piece of property in a town for over 50 years. At the time of purchase, it was a larger parcel, but in the mid 90's (I believe 1996, possibly 97, but 20+ years ago either way) they sold all but an acre. The property they sold was deeded with an easement for ingress and egress 50' around the border of where the two properties touch. Therefore, the driveway to the property that sits behind A&B's house is technically on their land. The other land border, directly behind the house- has never been touched. They were unaware that their lawyer included this boundary for a 50' right of way in the deed when it was done. For the past 20 years, B has maintained that section of land (both the 50' right of way and beyond it onto the property that technically no longer belonged to them. He has maintained it by means of snow removal, cutting the grass, removing dead trees, etc. Essentially it's up to the thin wood line that "visually" separates the two pieces of property. He has a woodshed on this section of land, as well as a plow truck and assorted other odds and ends. The land has been used for this since prior to the subdivision and sale, and the previous owners never had an issue. The land was sold last year, and the new owners wish to execute the full use of the 50' right of way and put an offshoot on their current driveway across the back right of way so that they can build a second house (they're in the rental business). I'm no lawyer obviously, so I don't understand exactly how adverse possession works.

If the section of property has been maintained by A&B since the sale, used by A&B since the sale, and it's only over 20 years later (Maine state law is 20 years), legally do A&B have any standing to stop them from putting the driveway in and treading directly across their land? The issue is two fold as

A- the new owners could simply put the add on to the driveway further in on their own legal property- but instead they want to use the right of way to do so, meaning it would be on A&B's property

B- The section of land that has been maintained by A&B for over 20 years includes an area where they have buried beloved family pets, etc- which would be directly in the path of the new driveway plans.

As previously stated, the woodshed that is both on the righ

An interesting (and hilarious) ruling out of the Fifth Circuit.

Summary: A Sov Cit, who goes by several appellations, claimed to be the heir to a 19th-century landowner in Texas and tried to lay claim to the land.

The current owner/trespasser (depending on your point of view) claimed that even if the sovcit did own the land, they'd been adversely possessing (as well as mining/logging) it for decades. The sovcit didn't dispute any of the requirements for adverse possession, so the court affirmed the lower court judgement that yup, even if all the sovcit's claims were true, they lose the land anyway.

Location is Rhode Island USA.

We purchased a house and property over 2 years ago. The last time the property was surveyed was before the house was built in the 60s.

We have now been formally contacted to move our shed and to stop maintenance of the lawn and stay off the adjacent property that was just sold. The property in question is a small tract next to us (was supposed to be a road) and then goes behind us. It is all undeveloped and woods.

The shed was put in place by the previous owner in the 90s per the tax records (and it looks like it's been there since the 90s). The neighbors have been across the street for about 15 years and have agreed that where the yard has been as it appears since they moved in.

I know we meet all criteria in RI for the description of adverse possession claim as a defence except for the 10 years continuous is what I'm sure of.

Does the previous owners 30+ years of using that land in the open get added to our 2 years or does the clock restart at the sale of a property?

We had contacted our closing attorney when this first came about but he doesn't do litigation and we just now received a formal cease and decist on the usage and maintenance of the land. Trying to make sure if it's worth fighting for with an attorney or just move on (we do question the survey since their one tract literally doubled in size from the survey on file with the town (40' turned to 90')

Calendar Details:|2021-08-14 19:00 UTC|Arma 3| Operation Adverse Possession |

Operation Adverse Possession

#INFO:

When? 19:00 UTC

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How can people just "squat" long enough that they are allowed to be there? If I stopped paying rent, I can't just stay and live there forever for free? So what am I not understanding about adverse possession? Hypothetically, if I trekked onto someone's private acreage and was able to go undetected for a set amount of time, that land could just become mine after long enough? Doesn't make sense!

Please share what went well? What went wrong?

Welp, I was hoping I've managed to compress the mission into 2 hour time window. But as we've seen that's most likely not possible with this mission concept. Sorry for going quite a lot over the time limit.

I'll most likely put this idea on ice for now and revisit in future.

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Reposting because wrong subreddit I read online that someone who lives on someone else’s land for about 10 years, or something else depending on your state, they can claim your land and the land title would be theirs. My question is if someone hide on your land and you don’t know or find them. Will they get your land title? Could someone hid on lands and just get them for free at the cost of 10 years?

Hi, Apologies if I do this wrong but this is my first time ever posting. I am based in England.

Backround: For 25 years we have stored our bins outside our fence. We have also had a fence with a gate that opened onto this same area. Recently we decided to plant an apple tree next to our bins to make the area look nicer. When doing so, our not so nice neighbour destroyed it and claimed that we had to move our gate and our bins as it was his land. We have now found out that it is owned by a family that our neighbour leases from. The not so nice neighbour has leased the area for 15 years and has shown no interest to us storing our bins, or the gate until we planted the apple tree. We truly believed that this land was ours.

Questions: As we have done this for 25 years, how hard / how likely is it that we will get adverse possession of the land? And what evidence will we require. The total area contains a workshop building and a large freehold area... we only look to aquire the 4 by 2 meter area our bins are in which backs onto our fence.

He has harrassed us and tormented us this evening that "everything is getting moved tommorow."

I am in a great panic as the situation is upsetting my grandmother a lot. He really is a nasty nasty man and has threatened to kill all our neighbours (of which we are the only ones remaining now).

Points to note: the bins really cannot be stored elsewhere (our bins are collected by the binmen as my grandmother cannot move them when I am not here) and our gate cannot be moved due to a fixed structure.

Thank you so much for any advice.

Near to my home in Hertfordshire there are a number of old ww2 pillboxes and a bunker that me and my brother used to play in over the years and have painted, cleaned, roughly Furnish and maintained during that time. We have some photos dating to 2014 showing that they've been used by us since then.

If I maintained them until 2024 perhaps adding a locked door of some sort and storing something their would I be able to apply for adverse possession of the property? I believe the land these structures sit on belongs to local farmers or the local council?

I bought my home, my first, in 2019. I didn't know much at the time, and have used the extra time on my hands during the pandemic to better educate myself as a homeowner.

I dug up the survey of my house to have another look now that I have a slightly better sense of what I’m looking at, and I noticed something unusual that I didn’t clock the first time around: the pre-existing fence on one side of my property encroaches by about three feet onto the property of the two businesses next door.

I was able to find the permit for the fence, which was built in 2013, and the house had one other owner between then and me buying it in 2019.

One of the adjacent businesses seems to be vacant at the moment, and I don’t know the owners. The other is a bike shop, the owner of which seems not to be the friendliest guy in town. I don’t know if he's aware of this at all. I’m mostly interested in cleaning this up for when the time comes to sell the house or replace the fence.

I have done some research into tacking, adverse possession, and prescriptive easements, but I’m not sure of the best way to proceed. I have found historical satellite photos that seem to indicate that a fence has stood on the same spot for longer than 30 years, the adverse possession timeframe in NJ. I'm also in the process of trying to dig up old surveys of the house and permits of any old fences. Both my wife and the lawyer who helped with our closing think I should leave it alone and that there’s no reason to make trouble when there isn’t any, but I thought it might be worth getting some other opinions.

Any advice is much appreciated. What would you do in this situation?