Posted: Thu Dec 08, 2005 5:50 am Post subject: Claim title of ownership through adverse possession?
Hi, I have a question concerning adverse possession. My property sits on what used to be an access road for the railroad which the town now owns but cannot be classified as an official town road due to its non-conformity. The town owns approximately 20 feet of my front yard which borders this access road. This land has been maintained by myself and previous owners of the house for the past 30 years. Can we claim adverse possession to obtain title to the land.
I understand your concern. But like Milesa and Niicss, I too agree that the condition favors you regarding adverse land possession unless it is a government property.
I am thankful to Niicss for showing the path for details on Adverse Possession and its laws. Kindly go through it and consult an attorney regarding the matter.
If you have any more doubts that you want to clarify, feel free to ask. We will be happy to offer you any possible help.
The only thing that bothers me is that as you said that land is now owned by the town. This indicates that the land is owned by Government.
But the positive thing for you is that it can't be classified seperately and is maintained by you and the previous owner for the past 30 years.
As Samantha and others adviced correctly, you need to refer the laws in your area as it varies a little between states. Also consult and attorney who hopefully will find a proper way out after going through your details.
Thanks for all the response. Let me clarify a few items so hopefully you can get a better understanding of my situation. I live in Connecticut so that would be the governing state laws. The property I am referring to is owned by the town I live in. I have lived at the home for the past four years, but the property has been maintained by myself and previous owners of the home for the past 30 years. Hope this makes things clearer.
As per Connecticut law, the period of adverse use must be at least fifteen (15) years and it should not be city or state owned property.
During those years you should have paid the taxes for the part of the land that you are talking about.
Since you were not staying there for more than 4 years that may pose some problems but if you and the previous owner have paid taxes for that part, then you may make a claim along with the previous owner. The biggest obstacle however will be that the land is owned by town.
So, I shall suggest you to consult an attorney who may go through the papers maintained by you and the previous owner and may suggest some way out hopefully. This is because the law varies between states regarding adverse possession and he may find out a possibility within the obstacle.
Don't get overworried. Just let your attorney take care of the things.
Posted: Tue Feb 27, 2007 6:46 pm Post subject: adverse possession
I have been living in a house for 7 years without paying rent or mortgage. All the utilities have been in my name soley for the 7 years. Previous to my 7 years, someone else lived here for 5 years without paying rent or mortgage and all utilities were in her name solely. We live in the state of Pennsylvania, can I combine my 7 years to her 5 years and apply for adverse possession.
This will depend upon adverse possession laws in your state. I think you should contact a lawyer who deals with cases of adverse possession. _________________ Procrastination is the enemy of your financial sucess
Posted: Tue Feb 27, 2007 10:34 pm Post subject: RE: Pennsylvania adverse possession
Hi Ms D,
Welcome to the forum.
In Pennsylvania, one can get property title after using it for about 10 years. But I don't think you can combine the time period of 7 years and 5 years. In that case, you may have to show legally that you have occupied and used the property for 12 years in total. I guess this is not possible because the utilities paid by the person staying for 5 years were in her name only. That is why it will not be possible for you to claim the property through adverse possession.
If at all you wish to get the title through adverse possession, you need to stay there for 3 more years.
As I am not completely aware of each and every provision of the adverse possession laws in your state, you may consult an attorney as he may be able to explain things better.
Posted: Tue Feb 27, 2007 11:42 pm Post subject: RE: Adverse possession criteria
Hi all,
Some states follow the rule that a person willing to get property title through adverse possession after a specified period of time should pay taxes each year. The possession must be open for the public to see.
The possession should be exclusive to him or her (for example, a fence, driveway, road, etc) and it must be hostile to the actual owner of the land.
You need to check the above details and also get an idea about your state specific criteria for adverse possession.
demaio
