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  1. #1
    Join Date
    Mar 2008
    Posts
    1

    Default Adverse Possession

    We have lived in our home for 13 years. There is a right of way that run between my neighbor and my properties. They have also lived here for 13 years. With in the last year they had their property surveyed and are claiming that the right of way runs across our front yard. We have mowed this area since we moved in and the previous owners sent us a notarized letter that they did too. Do we have to do anything to claim adverse possession? Obviously they will try and stop it now but if we have been maintaining it for 13 plus years is it already a done deal? Or if we file for it can they stop us?

    Oh by the way they are extremely hostale.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Adverse Possession

    well, the state involved is very relevent but;

    typically to make a claim for adverse possession, YOU must file a suit to quiet title and prove why you should be awarded title to the area in question. The courts will make the decision as to the validity of the claim.

    you have also left out too many details to even think this is an adverse possession situation. You state there is a right or way. Depending on who owns the ROW property and what is in any involved deed, you may never be able to claim adverse possession of the property.

  3. #3
    Join Date
    Feb 2008
    Posts
    578

    Default Re: Adverse Possession

    Need a better explanation and more detail but it sounds as though the driveway straddles the property line between the two properties, in which case there should be an easement in both deeds granting an easement/right of way to both property owners for use of the common driveway.

    I'm not completely clear on the "adverse possession" issue other than generally it takes longer in most states to establish(20 years) and it would not necessarily extinguish any rights granted by an easement.

    Please give more details and a clearer explanation if you want a better answer.

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