Posted: Tue Oct 28, 2008 6:49 am Post subject: Adverse Possession
Like 0
Dislike 0
My wall was build on what I believed to be my property in Las Cruces, NM. It has been brought to my attention by the farm land owner that my wall is on their property. It isn't on much (just sq. ft) if it is indeed is on their property. We have lived on this land for almost 21 years and before we had a wall built we had a visible border where the wall was eventually errected. The wall was built and no one said anything until recently. The owner's mother passed away a couple of years ago and now they want to sell the farm land that my wall butts up to. The family has pressed this issue even though the wall isn't on any land that was used by the farm for the 20 years we've lived there. They want me to have my land surveyed etc., and have indicated that they want 1500 a sq. ft. which is obsurd. Can I legally claim adverse possession of this small piece of land? I've made improvements to the land with landscaping, trees, and the wall. Also, will I need to hire a lawyer to accomplish this?
Thank you in advance for your help!
I would check with a local RE atty - laws vary state to state -
I dont think they can blackmail you into 1500 a ft that is absurd
Have them do the survey?
Posted: Tue Oct 28, 2008 9:22 am Post subject: Thank You
Like 0
Dislike 0
Thank you Brian. I was also contemplating the survey expense on their tab but really don't know if I can etc. I'll be contacting an RE atty, don't think I can manage w/o. Thanks again for your comment and assistance.
My parents are going through something similar.
It all comes down to burden of proof I believe. I would think that they would have to take you to court in order to press the issue. If they are in fact, selling the land, it is their responsibility to obtain a survey.
You could both agree to split the survey, b/c they are quite costly, or you could leave it up to them to prove it.
It isn't as easy as they make it sound though..oh give me 1500 a sqft and I will assign the land to you... the plot would have to be re-mapped. That is why it is a plot. If their land is subdivided into several plots, you could purchase the one that aligns with your property. But you would still have to go the legal route in purchasing it. The property should be appraised and then a contract written, and an actual closing would take place and the land would be then transferred to you and re-recorded with the county.
for your own peace of mind, I would buy a survey for yourself. You would be looking at about $500. (atleast that is how much if costs in maryland, sometimes more)
Good Luck. I know how upsetting it is when a neighbor trys to take what you believe to be yours. Owning land is so much more than money and property..so much more, a place in the world that is 'yours'
Message me if you have any other questions. _________________ Elnora Little
First Home Mortgage
First in Customer Service!
301-437-5605
Mortgage Forums 
lenoir
Like 
Dislike 
