Need help on Adverse Possession

In Naples Florida a new condo developer is trying to restrict assess to the beach in front of their condo building. The beach has been used for 40 or more years by other area reaidents. The developer maintains that they have exclusive beach rights to the high water line. Are they correct?

Hi Ron,

If the condo developer does have the exclusive beach rights, he must show the proof of it. The beach has been used for many years by the area residents. They should have the right to use it. The beach cannot personally be used by the condo developer. You can consult a lawyer in this regard as he would be the right person to help you.

i have some land and i have the survey of the land know i have been told by the owner of the property next to my land that part of the land is his by doctrine possession, he only both the property 2 years ago how could that be

Hi mercedes,

You will have to check out the adverse possession laws of your state in this regard. You need to contact a real estate attorney and take his opinion. He will let you know whether or not your neighbor can claim adverse possession over a portion of your property.

Hi, i live in NY, I just brough a house recently and realized that my next door has thier fence on my property for about 10 inch as shown on my survey (done it a month ago). I plan to renovate the house and need to build a wall up when i get my approval from the city. My neighbor claimed that the line on the survery is wrong, and there was something about 4 feet easement between my side of land and his. I mean he brought the house 2 years ago, and claim that the fence has been ther since 1930. Can I just tear down his fence?

Hi katty,

If you simply tear down the fence, then there can be legal issues regarding that. It's better to consult an attorney and take his opinion in this matter. If you can show a legal notice to your neighbor regarding the tearing down of the fence, then things will be easier for you.

Thanks

if a person moves there home but rents it to someone else do they lose there rights for adverse posession?

I have paid taxes on property for a period of eight years in Montana. I was at first given a lease by the son of the owner, but the courts declared all of his leases invalid. Does intent come into play as the leases were not valid to begin with, in other words would I have had to have intent from the day I first paid the taxes?

Welcome Marylou,

I will suggest you to contact a real estate attorney and take his opinion in this matter. He will better guide you as to what steps you need to take in this matter.