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Squatters' Rights and Adverse Possession

Let's start with a fictional situation relating to land ownership rights, but landowners in many states have experienced similar situations over the years.

RyderChristison
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Squatters' Rights and Adverse Possession

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  1. Squatters' Rights and ADVERSEPOSSESSION

  2. Introduction Let'sstartwithafictionalsituation relatingtolandownershiprights, butlandownersinmanystateshave experiencedsimilarsituationsover theyears. Youbuya50-acrewooded unimprovedparceloflandasan investment.  Youalsothinkthatyou mayconvertitintoaretirementor vacationhomepropertysometime inthefuture, butthat'syearsaway.  Itisn'tinyourstate, andyougo yearswithoutvisitingtheproperty.

  3.  Youasklocalstocheckitnowandthen, butyoudon'tfollowup. Sevenyearslateryougetanofficialdocumentinthemailtelling youthatsomeoneistakingpossessionofyourland.  Youcallan attorney, andaftersomeresearch, youfindthatyoucando nothingaboutit, asinthatstateasquattercantakeanAdverse Possessionactionaftersevenyears.  Youjustlostyour investmentandyourretirementhome. No, itdoesn'thappenoften, butadversepossessioninsome formorotherwithdifferenttimelimitsisonthebooksinalmost everystate.  Asquatterissomeonewhomovesontoyour propertyandtakesupresidencewithoutyourknowledgeor approval. Iftheystaylongenoughwithoutdiscoveryand removal, youcouldendupinthissituation.

  4. What They Need to Do What They Need to Do Inmoststates, andthesevaryin language, therearefivebasic requirementsasquattermust satisfytosuccessfullyuseadverse possession. Theycan'tbetherewiththeowner's permissioninanyway.  Theowner wouldhavenoknowledgeoftheiruse ofthelandandwouldopposeitif known.   Theirpossessionofthepropertymust becontinuousforthestatutoryperiod.  Inourexample, thismeansthatthey usedandoccupiedthepropertyevery daythroughouttheseven-yearperiod. Asregardsthecontinuoususe requirement, ownerswhochecktheir landregularlyanddiscoverasquatter canputakinkintheirplans.  Ifyou inspectyourpropertyandfind squatters, checkwiththelocal authoritiesandanattorneyaboutyour rightsandtaketheactionrequiredto evictthemfromtheproperty. Evenif theyreturnagain, thestatutorytime periodstartsoveragain. Theymusttakeactualexclusive possessionoftheland.  Itcanbe residentialorforabusiness, but theymusttakeovertheuseofthe land. Theuseofthelandmustbeopen andobvious, meaningtheycanbe seenusingtheproperty, nothiding inagroveoftreesatonecorner. Theycan'tsharetheuseoftheland withanyoneelse, inotherwords, exclusivepossessionanduse.

  5. Itisimportantstuffbecausethesquattercantake yourlandandtitleawayfromyou.  And, theydonot havetocompensateyouinanyway. Yousimply loseyourproperty.  Ifyoucan'tordonotwantto visitthepropertyatleastannually, paysomeoneto gooutandtakealotofphotoswithaGPScamera everyyearandsubmityouawrittenreportthat nobodywasfoundontheproperty.  Itcouldbea realestateagent, appraiser, surveyor, orjustabout anyonewillingtodoit. Ifyouthinkaboutthis, thereisplentyofmotivation forsomepeopletodothistoyou.  Perhapsyouown alotofland, maybe100acresormore, andit's prettyremote.  Youdon'twatchit, andsomeone findsthatout.  Theydriveanoldbusout, liveinit, putinanouthouse, andmaybeevensomesolar power.  Theyhavefreerent, andtheirgoalistoown yourlandsomeday.  Guardyourinterests.

  6. SOURCES ARTICLESOURCE THEBALANCE IMAGESOURCE HATCHANDHATCH.COM.AU

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