Full question:
my eve hangs 1 foot 2 inches over my neighbors lot for 50 years. can I claim this property in court, or do I have to cut off the eve to satisfy my neighbor? I would love to capture the property because she will not let me on the property! real problem!
- Category: Real Property
- Subcategory: Adverse Possession
- Date:
- State: Indiana
Answer:
Property encroachment occurs when one property has its home or other piece of property owned by the homeowner extending from the one property to another. In some cases, when the encroachment exists before you purchase your property, the owner that has the encroachment is not required to remove it, particularly in the case of a house eave or addition that extends the original property into an encroachment situation. When you have an encroachment situation where an agreement cannot be reached, it may be necessary to let a judge resolve the issue.
Adverse possession is a means by which someone may acquire title to the land of another through certain acts over a defined period of time. Such acts must continue uninterrupted for the time period defined by state laws, which vary by state. For example, in Indiana, the duration of such possession is 10 yrs. (15 yrs. if cause of action arose before Sept. 1, 1982)
Payment of taxes alone isn't sufficient to claim a property by adverse possession. In general, the acts of possession must be overt, hostile, exclusive, uninterrupted, and under a claim of right, etc., so as to give the owner or others claiming entitlement to possession notice and an opportunity to counter the adverse possession. Payment of real property taxes and making improvements (such as paving or fencing) for the statutory period, which varies by state, are evidence of adverse possession but cannot be used by a person with no claim to title other than possession.
Please see the following IN statutes:
IC 32-21-7-1 In any suit to establish title to land or real estate,....
In any suit to establish title to land or real estate, possession of the
land or real estate is not adverse to the owner in a manner as to establish
title or rights in and to the land or real estate unless the adverse
possessor or claimant pays and discharges all taxes and special assessments
that the adverse possessor or claimant reasonably believes in good faith to
be due on the land or real estate during the period the adverse possessor
or claimant claims to have possessed the land or real estate adversely.
However, this section does not relieve any adverse possessor or claimant
from proving all the elements of title by adverse possession required by
law.
IC 34-11-1-2 (a) A cause of action that:
(a) A cause of action that:
(1) arises on or after September 1, 1982; and
(2) is not limited by any other statute; must be brought within ten (10)
years.
(b) A cause of action that:
(1) arises before September 1, 1982; and
(2) is not limited by any other statute; must be brought within fifteen
(15) years.
(c) This section does not apply whenever a different limitation is
prescribed by statute.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
