Re: adverse possesion
Posted by john on 7/19/07
Many states require 20 years of adverse possession to
acquire title, some states less and a few more. You need to
find out what time limit your state imposes for claiming
title under adverse possession.
The basic requirements for adverse possession are that:
(a) The possession must be open for all to see. (e.g., not
an underground tunnel)
(b)The possession must be exclusive to him or her and not
shared with others (e.g., a fence a driveway, road, etc.
that the person claiming adverse possession uses or controls
exclusively)
(c) The possession must be hostile to the actual owner of
the land. (i.e., the person must claim a legal right to the
property in spite of any property rights of the actual owner)
(d) All of the above must have existed, without lapse, for
the length of time required by statute.
These elements are conjunctive, if any one of them is
not met; the prescriptive easement will fail.