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Defeating an Adverse Possession Claim

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  • 10-25-2012, 06:20 PM
    BonnetBlank
    Defeating an Adverse Possession Claim
    My question involves real estate located in the State of: South Carolina. Neighbor/plaintiff is suing for adverse possession of a small but critical portion of our property along the boundary. Many issues, including psychiatric, but beginning with this one: (1) Plaintiff (and a relative, not party to suit) received deed to his/her property through conveyance relatively recently from spouse. The conveyance is duly recorded, including payment of a symbolic amount, and falls within the period when plaintiff claims to have occupied the disputed sliver of property. However, the property was conveyed as is, with no change in description. How does this affect plaintiff's claim? Another issue at stake in the same suit (2): The plaintiff recently filed application to the State for a building project which affects wetlands, and in support of application filed a survey which does not reflect his/her claim - which reflects our own claim to the property and its original contours in the founding documents. How would this affect plaintiff's claim?
  • 10-27-2012, 12:38 PM
    Mr. Knowitall
    Re: Defeating an Adverse Possession Claim
    Quote:

    Quoting BonnetBlank
    View Post
    (1) Plaintiff (and a relative, not party to suit) received deed to his/her property through conveyance relatively recently from spouse. The conveyance is duly recorded, including payment of a symbolic amount, and falls within the period when plaintiff claims to have occupied the disputed sliver of property. However, the property was conveyed as is, with no change in description. How does this affect plaintiff's claim? Another issue at stake in the same suit

    It doesn't.
    Quote:

    Quoting BonnetBlank
    (2): The plaintiff recently filed application to the State for a building project which affects wetlands, and in support of application filed a survey which does not reflect his/her claim - which reflects our own claim to the property and its original contours in the founding documents. How would this affect plaintiff's claim?

    You and your lawyer can argue that the application reflects the current owner's awareness that he did not own the land he's claiming in his adverse possession lawsuit.
  • 10-29-2012, 09:23 PM
    Lehk
    Re: Defeating an Adverse Possession Claim
    sounds like you have a lot to lose, even if your neighbor is grasping at straws, get yourself a lawyer.
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