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  1. #1
    Join Date
    Sep 2016
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    13,916

    Default Claiming Adverse Possession to a Different Area After Losing in Court

    Our neighbor constructed his house such that it extended four feet across the property line. When we found out about this, we tried to work something out to adjust the property line or give him an easement, but with our maintaining clear rights to the rest of our property. He decided instead to sue for adverse possession, and he tried to claim a fourteen-foot-wide strip of land down the entire property line.

    The court denied his claim, finding that he did not prove adverse possession in relation to the entire strip, and that as he didn't claim adverse possession of a smaller area or seek any other form of relief, he lost his case.

    He is now saying that he's going to file a new case for adverse possession for that smaller area. We're not willing to work with him any more, because he refused an amicable settlement offer and cost us a lot of time and money. Can he successfully sue us?

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Claiming Adverse Possession to a Different Area After Losing in Court

    Realistically speaking, he can't prevail on adverse possession. Were he to bring a lawsuit, he would face the issue both that he's making a claim involving the same land against the same owners, as in his prior suit, and also that he reasonably should have included any alternative claims or theories in his original lawsuit.

    That doesn't necessarily mean he could not successfully get a court order to stop any action by you that would damage the portion of his home that extends onto your land.

    I suggest discussing your rights and possible next steps with the lawyer who helped you in the adverse possession case, as that lawyer will know the specific issues decided by the court, the laws of your state and the full facts of the case, and should be able to explain any residual rights your neighbor continues to possess despite his loss in court.

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