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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.

Thanks

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.

Like | Dislike | Share | Posted: Tue, 02/27/2007 - 17:46 | Post subject:

adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome MsD,

This will depend upon adverse possession laws in your state. I think you should contact a lawyer who deals with cases of adverse possession.

Like | Dislike | Share | Posted: Tue, 02/27/2007 - 19:41 | Post subject:

Samantha's picture
Samantha | Joined: September 16, 2005 11:59 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.

Hope this will help you.

God bless you.

Samantha

Like | Dislike | Share | Posted: Tue, 02/27/2007 - 21:34 | Post subject:

Jessica's picture
Jessica | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.

Regards,
Jessica.

Like | Dislike | Share | Posted: Tue, 02/27/2007 - 22:42 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

i have a friend who has lived in his home for nine years and payed taxes for the past 9 years. would this entitle him to adverse possession?

Like | Dislike | Share | Posted: Thu, 10/18/2007 - 19:42 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

We live in florida.

Like | Dislike | Share | Posted: Thu, 10/18/2007 - 19:46 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

can you claim adverse possession if you rented but did all upkeep and paid all taxes for 8 years? we are in florida

Like | Dislike | Share | Posted: Thu, 10/18/2007 - 20:09 | Post subject:

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livinginnky | Joined: September 8, 2007 08:31 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

[quote:3389b54be3]can you claim adverse possession if you rented but did all upkeep and paid all taxes for 8 years? we are in florida[/quote:3389b54be3]

Adverse possession laws do not simply give people the property they live in just because they have been there. There are very specific reasons to use this legal tool.

If you rent from someone for more than the adverse time frame does not give someone the right to get a house for free. The lease itself is the vehicle for someone having the right to rent a property. If you could get it through adverse possession then noone would get to keep their properties from renters. Why would anyone buy a home they could just rent for 3-25 years and get the house for free.

Like | Dislike | Share | Posted: Fri, 10/19/2007 - 11:21 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

can my neighbor claim owenership of the right of way in front of my house? he has extended his driveway 43 feet into my frontage. is that legal?

Like | Dislike | Share | Posted: Sat, 06/28/2008 - 17:58 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

can my neighbor claim owenership of the right of way in front of my house? he has extended his driveway 43 feet into my frontage. is that legal?

Like | Dislike | Share | Posted: Sat, 06/28/2008 - 18:00 | Post subject:

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brian1 | Joined: June 14, 2008 05:14 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Not unless you let hom or do nothing about it. Contact an attorney to find out you roptions.

Good Luck
Brian

Like | Dislike | Share | Posted: Sun, 06/29/2008 - 00:40 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

What about original possession by renting, although the lease agreement turned out not to be valid (owner never signed it) and owner has never received money for rent. Taxes are being paid by possessors, owner has not spent one dime on the residence in over 5 years (possessions have lived in residence 5 years, has maintained property and was required to make extensive repairs because the City cited the property as dangerous and run down, including putting on a new roof, an upstairs balcony (per City), landscaping (per City). Owner is not US residence, lives in Europe and has no intention of ever living in the house. He purchased house in 1986 and paid cash for it. Possessors have spent at least $100,000 for the maintainance and repairs to the residence. Owner knows the condition of the property, but puts responsibility onto possessors since he is absent from US. Possessors have lived openly in the house for 5 years, owner knows they are there but has only talked to possessors 2x in 5 years. How do you go about obtaining title by adverse possession once the delinquent taxes have bee paid? (Property is in California) Is it possible?

Like | Dislike | Share | Posted: Wed, 12/10/2008 - 10:48 | Post subject:

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jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Stacey,

According to the California laws, for adverse possession, one has to occupy the land and claim it for the period of five years continuously and should have paid all the taxes. The taxes include State, county, or municipal which was levied and assessed upon the land or property from time to time. If you fulfill all these criteria, you can apply for an adverse possession. But if there is a rent to lease agreement between you and the owner, then you will not be able to claim an adverse possession.

Thanks

Like | Dislike | Share | Posted: Wed, 12/10/2008 - 23:37 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

can my neighbor claim adverse possession on a portion of MY yard that he was maintaining for the previous owner? I PAID for a house and my yard!

Like | Dislike | Share | Posted: Wed, 03/18/2009 - 19:28 | Post subject:

smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi wolfie!

Welcome to forums!

Laws regarding adverse possession vary from state to state. If your neighbor has maintained the property and paid taxes for it for a certain period of time (as mentioned in your state laws), he/she can claim the property.

Feel free to ask if you have further queries.

Sussane

Like | Dislike | Share | Posted: Wed, 03/18/2009 - 20:55 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I have part of a city street fenced off for 24 years, Now the city wants me to remove the fence for installing a sewer line for people moving in back of me. Do I have any rights?

Like | Dislike | Share | Posted: Sun, 08/30/2009 - 07:18 | Post subject:

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