PDA

View Full Version : 2 sheds that I thought were on my property are not. What can I do?


tazaholic
Jan 13, 2010, 03:34 PM
I bought my property about 15 years ago, it had 2 sheds. A servay crew came through and marked the property line about 10 feet in front of my sheds. Can I claim squatters rights?

AK lawyer
Jan 13, 2010, 03:43 PM
Who was the survey crew working for?

tazaholic
Jan 14, 2010, 10:16 AM
Who was the survey crew working for?

The conservation comition, owners of the other property

AK lawyer
Jan 14, 2010, 05:14 PM
If I understand what you are saying, the surveyors appear to have marked a property line through what you thought was your property. "Squatters rights", or what judges and lawyers refer to as the law of adverse possession, may help you, depending on what state you are located in and all the circumstances of your possessing the disputed strip of land. Some of the questions to be determined are whether you occupied it believing you were the owner, and whether you occupied it exclusively, continuously, etc. for the requisite period (which varies from state to state). You are going to need to consult with an attorney in your jurisdiction.

ballengerb1
Jan 14, 2010, 05:57 PM
I agree with AK. If you thought you owned the sheds and land for 15 years and exercised use and care then you have made a huge step toward establishing adverse possession. However, certain governmental agencies are immune from adverse possession so consulting and attorney would be wise. Where are you located?

excon
Jan 14, 2010, 06:12 PM
Hello taz:

I don't have anything to add, except to say, that in all the years I've been answering questions here, we've had 1,000's of questions on "squatters rights", or adverse possession, and you're the FIRST person to actually have a case.

Congratulations...

excon

ballengerb1
Jan 14, 2010, 06:38 PM
Yep but then again maybe not if this is actually owned by a city, county or state. All 3 are immune from adverse possession and I am waiting to hear who "the conservation comition" is in actuality.

Fr_Chuck
Jan 14, 2010, 09:30 PM
And of course their survey may be completely wrong, I would never trust the other mans survey, I would have my own done