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Adverse or not

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canutellme

Junior Member
What is the name of your state? nj
Can you tell me if a neighbor has a survey done and then informs his neighbor that the shed he put in that year is 20 feet on your property and you gives him a year to move it. Can they claim adverse possession after that year is up?
 


JETX

Senior Member
Can they claim adverse possession after that year is up?
They can claim anything they want... but it would not be legal.

In New Jersey, the duration of such possession is sixty (60) years for uncultivated land and thirty (30) years for other real estate.

New Jersey Statutes:
2A:14-30. 30 years' possession of real estate, except woodlands or uncultivated tracts, and 60 years' possession of woodlands or uncultivated tracts however commenced or continued
Thirty years' actual possession of any real estate excepting woodlands or uncultivated tracts, and 60 years' actual possession of woodlands or uncultivated tracts, uninterruptedly continued by occupancy, descent, conveyance or otherwise, shall, in whatever way or manner such possession might have commenced or have been continued, vest a full and complete right and title in every actual possessor or occupier of such real estate, woodlands or uncultivated tracts, and shall be a good and sufficient bar to all claims that may be made or actions commenced by any person whatsoever for the recovery of any such real estate, woodlands or uncultivated tracts.

2A:14-31. 30 years' actual possession of any real estate under claim or color of title
Thirty years' actual possession of any real estate, uninterruptedly continued by occupancy, descent, conveyance or otherwise, wherever such possession commenced or is founded upon a proprietary right duly laid thereon, and recorded in the office of the surveyor general of the division in which the location was made, or in the office of the secretary of state, pursuant to law, or wherever such possession was obtained by a fair bona fide purchase of such real estate from any person in possession thereof and supposed to have a legal right and title thereto, or from the agent of such person, shall be a good and sufficient bar to all prior locations, rights, titles, conveyances, or claims whatever, not followed by actual possession as aforesaid, and shall vest an absolute right and title in the actual possessor and occupier of all such real estate.
 

Orcons

Member
What is the name of your state? nj
Can you tell me if a neighbor has a survey done and then informs his neighbor that the shed he put in that year is 20 feet on your property and you gives him a year to move it. Can they claim adverse possession after that year is up?


Jetx is correct that a year is nowhere near long enough for AP. In addition, by giving the neighbor a year to move the shed you are demonstrating your control over the land and adverse possession would not run at all.
 

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