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  1. #1
    Join Date
    Oct 2005
    Location
    West Virginia
    Posts
    1

    Default Adverse Possession of Family Land

    Hello from West Virginia. My question deals with a piece of land 50x150' that for years my family and even the former owner believed was a part of our deeded lot. Through the years we have gardened this section of land, mowed it, and have now put a home just beyond this section of land allowing the part in question to be the back yard, with a smaller garden. The problem is that the fence we have always believed to be the back border is now under question. The Board of Education has legally owned the land behind the fence for many years. The land has not been in use and everyone since the 1960s has believed that the boundary was the fence. Now that the BOE is going to sell the land and the surveyors have come in, the fence is no longer the boundary that is marked ..... It is now approximately 50 feet in from the fence... which would put the boundary about 8 feet from the back door of this home.

    My question is how do we file an Adverse Posssession Claim for this small piece of land we have maintained all these years?

    Thanks for your input.

    mamacloud (West Virginia)

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

    Default Adverse Possession Claim

    You need to consult with a real estate litigator (ASAP) about your situation, and possible remedies, including adverse possession, and whether you might have other remedies available (e.g., a claim against your title insurance).

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