Results 1 to 3 of 3
  1. #1
    Join Date
    Oct 2012
    Posts
    1

    Default 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?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default 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.

  3. #3
    Join Date
    Sep 2012
    Posts
    1,991

    Default 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.

    1. Sponsored Links
       

Similar Threads

  1. Adverse Possession: How to Prevent an Adverse Possession Claim
    By Peach68 in forum Real Estate Ownership and Title
    Replies: 3
    Last Post: 06-01-2011, 12:41 PM
  2. Adverse Possession: Adverse Possession Claim Over a Septic Field
    By Matt Hugo in forum Real Estate Ownership and Title
    Replies: 10
    Last Post: 02-13-2010, 10:23 AM
  3. Adverse Possession: Can I Claim Adverse Possession
    By omalmo in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 03-03-2009, 01:33 PM
  4. Adverse Possession: Title Claim and Adverse Possession
    By nonny1 in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 02-07-2009, 08:04 PM
  5. Adverse Possession: Neighbor Wants to Claim Adverse Possession in New York
    By sdoong in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 09-30-2007, 08:48 PM
 
 
Sponsored Links

Legal Help, Information and Resources