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  1. #1
    Join Date
    Aug 2010
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    Maine
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    206

    Default What Happens if Adverse Possession Reduced a Lot Below the Minimum Permitted Size

    A court determines that adverse possession rights have ripened for the benefit of Neighbor A. As a result, Neighbor B's property shrinks from 1.6 acres to 1.4.

    The municipal ordinance minimum lot size is 1.5 acres. Does this or any other municipal regulation even matter? In other words does the court ruling trump municipal ordinances?

  2. #2
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Hypothetical Property Problem

    If the court rules in favor of neighbor A, neighbor B's property becomes non-conforming in dimension with regards to the zoning ordinances. That could be problematic if B wants to put an addition on the house or other improvements to the property. A variance would be necessary (technically) but for .1 acres, I don't see that it would be denied if applied for.

  3. #3
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Hypothetical Property Problem

    Quote Quoting Newtons_Apple
    View Post
    A court determines that adverse possession rights have ripened for the benefit of Neighbor A. As a result, Neighbor B's property shrinks from 1.6 acres to 1.4.

    The municipal ordinance minimum lot size is 1.5 acres. Does this or any other municipal regulation even matter? In other words does the court ruling trump municipal ordinances?
    If you are asking whether the muncipal ordinance would act to block Neighbor A’s adverse possession of the .2 acres the answer is no. The court ruling determines the respective property rights of the two neighbors. The ordinance simply sets the requirements that property owners must meet and the penalties for failing to meet those requirements. It does not act as a rule that prevents a transfer of property from one person to another, whether voluntary or otherwise. It is up to the parties involved to ensure they meet the requirements of the ordinance. The fact that the adverse possession order results in Neighbor B’s lot now becoming nonconforming is a problem that Neighbor B will have to deal with. That’s one of the consequences of not enforcing your rights in property and allowing another to claim what is yours.

  4. #4
    Join Date
    Aug 2010
    Location
    Maine
    Posts
    206

    Default Re: What Happens if Adverse Possession Reduced a Lot Below the Minimum Permitted Size

    I see a moderator moved this thread. I originally posted in the "debate the issues" forum because it was a hypothetical, and not a real life question. Just for full disclosure.

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