Adversarial Possession ??

[maggielouwho]

What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state Massachusetts?

We purchased a single family 18 months ago in an urban area. Our neighbors purchased their single family around 27 months ago. Since our purchase the neighbors have erected a partial fence connecting it to the existing chain link fence between the properties in the backyard and a driveway aligned with the same fence.

After the driveway was installed, I had a conversation with the neighbor about how they determined where the driveway abutted our property. They stated the prior owners had shown them a brick (??) which demarked the boundary and that they were told by this same person that the existing chain link fence was on our property. In addition I made a cursery measurement of the property and found it to be narrower than indicated on the deed. We hired a surveyor who confirmed that they have encroached on our property.

After the property was marked we had a second conversation they are now claiming Adversarial Possession. They deny the earlier conversation and state that they believe they can get possession by tacking claims together. This is an old neighborhood we are both only about the fourth or fifth owner in almost 100 years. Many of the present and previous owners are elderly.Our property is larger than theirs according to both deeds and we pay more property taxes. Do they have a chance of getting possession by this means ( Adversarial Possession)???

 

[divgradcurl]

What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state Massachusetts?

We purchased a single family 18 months ago in an urban area. Our neighbors purchased their single family around 27 months ago. Since our purchase the neighbors have erected a partial fence connecting it to the existing chain link fence between the properties in the backyard and a driveway aligned with the same fence.

After the driveway was installed, I had a conversation with the neighbor about how they determined where the driveway abutted our property. They stated the prior owners had shown them a brick (??) which demarked the boundary and that they were told by this same person that the existing chain link fence was on our property. In addition I made a cursery measurement of the property and found it to be narrower than indicated on the deed. We hired a surveyor who confirmed that they have encroached on our property.

After the property was marked we had a second conversation they are now claiming Adversarial Possession. They deny the earlier conversation and state that they believe they can get possession by tacking claims together. This is an old neighborhood we are both only about the fourth or fifth owner in almost 100 years. Many of the present and previous owners are elderly.Our property is larger than theirs according to both deeds and we pay more property taxes. Do they have a chance of getting possession by this means ( Adversarial Possession)???

It's certainly possible that they could claim adverse possession, but it's not possible to tell given the facts you've presented here. You may want to talk with a local attorney to find out for sure, and read this: http://www.lawyerviews.com/lawsite/basicinfo/ap.html.

 

[maggielouwho]

Thanks already read that link. We were n't sure if selling had tha same impact as "giving" the land to the those , taking the claim by " tacking". It would seem they involve very different transactions.

 

[Cilverlyn]

hope this helps!

I was just looking up this adverse possession myself.
First of all it depends on your own state how long the neighbors are in "hostile" possession of your property. I know in some places it has to be many years of occupency. I do not think under two years will show up anywhere. I would do whatever it takes to get your property back asap (taking the fence down , nicely) it is on your property, especially if you have documented proof to prove it! They longer you wait, the more the chance adverse possession would work. I would find out the limit on that from the clerk of the court in your county. If the limit is definetly over the 2 years or less they've had occupency, i would just remove their belongings from your property and let them try and fight it!!! Goog luck, I'm only a "wanna Be".

 

[Happy Trails]

Thanks already read that link. We were n't sure if selling had tha same impact as "giving" the land to the those , taking the claim by " tacking". It would seem they involve very different transactions.

Get your documents together and go to a "Real Estate Attorney". This is the only way you are going to know for sure and can be advised as to what actions you need to take.