What are the requirements for adverse possession?

Q: What document shows the boundaries and any encroachment to a property?

A property survey is the document that shows the boundaries of a property and identifies any encroachments. A licensed surveyor conducts this survey, marking the exact lines of the property and any structures that may infringe upon those lines. It's essential for resolving disputes over property boundaries.

Full question:

Owner A and Owner B own adjoining parcels of property. However, the property lines have never been clearly identified. Approximately 25 years ago, Owner A constructed a shed on what he thought was his property but is actually Owner B's property. Owner A has maintained the shed and used it soley for his purposes for the 25 year period. Owner B has since died and his representative is trying to eject Owner A from the property. What Is Owner A's defense to a suit brought by Owner B's representive to have him ejected from the property?

Category: Real Property
Date: 04/07/2025
State: National

Answer:

Owner A has a claim for adverse possession. The time period for claiming this defense varys from jurisdiction but is generally 7 to 20 years. As Owner A has been in possession continuously and openly for 25 years he has acquired title to the land by adverse possession. Owner A need not believe he had any right to possession but must be in possession without Owner B's permission.

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.

FAQs

What type of ownership of property has a condition that if violated or not met the property will go back to the original owner or a specified third party?

This type of ownership is known as a 'fee simple subject to a condition subsequent.' In this arrangement, the property is granted to a new owner with specific conditions attached. If those conditions are violated, the original owner or a specified third party has the right to reclaim the property. This type of ownership ensures that certain uses or behaviors regarding the property are maintained.

Can you sue someone for building on your property?

Yes, you can sue someone for building on your property without permission. This is known as encroachment. If someone constructs a shed or any structure on your land, you may have grounds to seek legal action to remove the structure and recover any damages. It's advisable to consult with a real estate attorney to understand your rights and the best course of action.

What happens if someone builds a shed on your property?

If someone builds a shed on your property, it constitutes an encroachment. You have the right to ask the builder to remove the shed. If they refuse, you may need to pursue legal action to enforce your property rights. The specific outcome can depend on local laws and any applicable statutes regarding adverse possession or property disputes.

What document shows the boundaries and any encroachment to a property?

What to do if someone builds a shed on your property?

If someone builds a shed on your property, first, communicate with the builder to request its removal. If they do not comply, document the encroachment and consult with a real estate attorney. They can guide you on your legal options, which may include sending a formal demand letter or pursuing legal action to reclaim your property.

What action prevents a property owner from using a property in a way that is contrary to the recorded restrictions?

Restrictive covenants are actions that prevent a property owner from using their property in ways that violate recorded restrictions. These covenants are legally binding agreements that dictate how a property can be used or developed. If a property owner violates these restrictions, affected parties may seek legal remedies to enforce compliance.