Re: Adverse Possession / Estoppel by Aquiescence
Posted by john on 7/22/07
It looks like you have a good claim of adverse possession. I assume
you may file a quiet title action to establish exclusive title to
the property. The burden will be on you to show that you have
fulfilled all the requirements of adverse possession. From what you
have told me, you can do that. If the opposing party ignored your
open, exclusive presence on the property for 29 years you are in
good shape.
One thing to remember; Do not accept any assurance from the other
party that you now or ever had their permission to stay on the
property. That is a trick! If you were to acknowledge that you had
permission your possession would not be adverse. Best thing is to
only communicate through court documents and hopefully you can have
a lawyer do that. It will cost some $$ but it is far too risky to
do yourself. Sounds like the other party is not prepared to contest
a court action. You may get a default judgment if the other party
fails to respond when you commence your action which will be the
best possible result.
Good luck!