Need help on Adverse Possession

Hi, Mac

This is a type of law under which a person is allowed to obtain the title to a land if he is using the land for some period specified by state and federal laws. The span of time required to obtain land under adverse possession varies. If you find yourself in these type of situation then consult the local laws as quickly as possible for the solution.

Say for example, if your neighbour extends its fencing towards your land and if you are not objecting that move and if this situation goes for some time then yout neighbour can claim that portion to be his land.

Thanks

Niicss

I would like to add few things on this to support Niicss

Some elements required for adverse possession are:

The period required for adverse possession in title varies i.e. sometimes short as a few years or long period like run for 20-25 years. But typically to claim under this law public entities must have longer period of possessions.

The possession must be clearly visible enough for all to see.

The possession of a property must be exclusive owned.

The possession must be uncongenial to the actual owner of the property.

The title of the land can be owned through this law but it requires strict abidance with the law.

Thanks

Adonis

Hi Mac,

Welcome to MortgageFit Forums.

As rightly mentioned by Niicss, Adverse possession is a method by which a person can obtain title to a piece of land by simply using it for a certain period of time as specified by state laws.

I would like to add some more information on it. This law is found in many countries world wide including US, UK and Canada.

This law allows an investor in the real estate to acquire the title to abandoned undisputed property by simply using it, out in the open for all to see.

The length of time for adverse possession can be as short as 5 years or it may extend up to 20 years or even more.

Some states have introduced a rule for the new possessor to pay property taxes each year on the land acquired. But compared to the gain, this amount is negligible.

Hope this information will make things clear for you. Feel free to post if you have any more queries.

God bless you.

For MortgageFit,
Samantha

Does the adverse possesion law vary from country to country?

Hi,

Welcome to the Forums,

The adverse possession law prevails in many countries including USA, Britain, and Australia. All these countries which were once a colony of Britain has a common law. But countries which were colonized by those other than Britain, for example, South Africa follow the Roman Dutch law. There is another law related to Adverse possessison. This is the Socialist law and it is followed by the Soviet Bloc.

God Bless You,

Thanks,
Samantha

Hi,

Hope I can add some more information.

Basically, adverse possession may is considered as an application of traditional statues of limitation.

The landowner has to take action within certain number of years, once a case of trespassing arises. If that time is crossed, then the trespasser can not be evicted from the property.

As soon as the statute of limitations, expire for eviction of the trespassers with no action on the part of the legal owner to stop the process, the successful possessors acquire equitable title to the land to the extent they occupied.

But adverse possession does not work against government or government agency owned property. It also does not work if the land is registered under a Torrens title registration system.

Thanks,
James Hogg

Can anyone tell me what the time limit is for this type of ownership, in Ontario, Canada? If not, could anyone tell me exactly where to get this info? Any help would be greatly appreciated, thanx.

Hi, Krisk

See for canada i dont have much knowledge still if you give me some time then i will try to look here and there and see if i can help you.

Thanks

Hi, i got the information you are looking for.

In ontario, canada its 10years and in UK its 12years.

In canada, adverse possession law is sometimes called as squatter's title.

Hope i have been able to guide you.

Thanks

I live in Victoria Australia. I aquired a property with a de-facto partner 6yrs ago. We seperated not long after the purchase and I have paid all up keep on the property including mortgage, rates etc. At the time of seperation we owed more than the value of the property. I have not heard from my ex since the split and was hoping someone could tell me legally where I stand and how I go about putting the title in my name solely?

For australia, I need to check on this. What the law holds in australia? I am not clearly aware about it. Let me see if I can help you.

For the title, you have paid all the dues so just go to your local attorney and show him all the proof about the payments made by you.

I think this is the legal way.

If i find something more I will post it.

I have been in possesion of some property 8 foot onto the other side on my property line for 14yrs with a privacy fence which none of the 3 previous owners said anything about now i got a notice in the mail telling me to move my fence i told the lawyer id had the property for 14yrs and i wasnt moving my fence id fight him for it,ive been made to fix the fence by the city several times which i did,ive been made to put dirt by the fence to stop standing water,etc.I even had a neighbor arrested for tresspassing on my fence,how do i get the title to my fenced area maybe 300 sq foot.How do I stop them from tearing my fence down or mess up my flower bed with palm trees which have been there more then 12 yrs?
Any help is greatly needed
Cody

Hi Cody,

I can understand your sentiments. I shall advise you to consult a lawyer and get his help in the matter.

In general the time period for acquiring a land or property through adverse possession varies which can be as short as 5 years or could run for twenty years or more. This differs from state to state.

I think in Virginia it is for 15 years. During this period you must have productive use of the property. In some states there is a rule for adverse possession which requires you to pay taxes each year on the land.

It also requires that your act of adverse possession should be open for all to see. To gain ownership of the property through adverse possession requires strict fulfillment of law.

In your case what I see is a one year difference that may pose problem for you. But don't lose hope. These are legal matters and complicated too. You should consult a real estate attorney immediately.

Best of Luck.

James

What is the number of years of occupation of a house and maintenance of the property in N.Y.State to qualify for Adverse Possession?

Hi Rondo,

In New York, the duration of such adverse possession is ten (10) years.