Posted by SANDY NICKLIES on March 04, 2005 at 18:14:45:
I LIVE IN THE STATE OF KY AND PROPERTY THAT AJOINS MINE RECENTLY SOLD. SOME OF THEY PROPERTY THAT SOLD I HAD KEPT UP AND MAINTAINED FOR 20 YEARS. THEY SAY NOW BELONGS TO THE OTHER GUY. CAN I TAKE ADVERSE POSSESION?
adverse possesion - Posted by jan
Posted by jan on December 29, 2004 at 20:41:51:
Our fence was in place and old when we purchased our property 24 yrs ago. A developer purchased adjoining land, had a survey done and says he owns 18" onto our property beyond the fence. He is going to level mature trees and build with a driveway begining 5’ from the property line. Which property line? The previous owner of 60 yrs never questioned the fence. Do I have a legal case to demand the fenceline is not touched and their 5’ starts at the fence and not from their marker?
Re: adverse possesion - Posted by eric
Posted by eric on December 30, 2004 at 10:08:44:
Depends what state you are in. In CA, you cannot get adverse possession w/out paying the taxes on the land. Additionally, CA courts will no longer support the theory of prescriptive easements for fenceline and property boudary disputes. Thus, at least in CA, the adjoining landowner can likely force the fence to be moved back to the property line unless the encroaching portion has been used as a driveway (or similar ingress/egress use). Then he can probably only have the fence removed but not block your “use” of the area for ingress and egress.
This type of litigation is expensive and there is likely no recovery for attorneys’ fees.
Re: adverse possesion - Posted by Rick Clark
Posted by Rick Clark on June 09, 2005 at 12:30:46:
We own approx 500 acres of raw land in Navajo County AZ.The neighboring rancher has filed a adverse possesion deed and recorded it. We have paid taxes for ever on this property and are currently doing so, we were never notified of this claim, until upon selling the property it showed up as a cloud on the title, any suggestions. Rick
Re: adverse possesion - Posted by Jerry Scheffler
Posted by Jerry Scheffler on March 20, 2005 at 18:08:28:
Someone is attempting to take 6 to 8 feet of 25 feet of property,considered paper street, which I’ve been maintaining for more than 19 years, as access, which is
already 11’10" to enter a piece of land to be developed.
He actually has enough space from another access to use as a common driveway, what are my rights? Hawthorne N.Y. 10532