Adverse Possession

We never intend to give legal advice here.  Sometimes, in our effort to cover a story, we come perilously close.

Adverse possession is a hard subject to write about.  Sometimes it is serious and sometimes it is not.

The house I currently live in could have an adverse possession claim against it, but most likely will not.  The next door neighbor has a landscaping feature that encroaches on our property, and if he wanted to push the issue, he could likely increase the size of his lot and decrease the size of mine by perhaps one square foot or less.

While the subdivision requires setbacks for the building pad, this particular footage is located where it doesn't impact the building pad.

Yes, I could spend some money to have a lawyer write him a letter, but it doesn't seem useful.

That brings us to the point I wanted to make.  If you think that you have an adverse possession claim or problem, you need to find a real estate attorney to help you decide what you should do.

Yes, I want to reform the legal profession, but I don't want to make it extinct.  Lawyers have their place and uses.

Comments

[bevmeade]

I live in a Aurora, CO subdivision that was platted in the 1950's. Apparently surveys are more accurate now.

The fence/retaining wall that runs on the back of my property continues through the back of 5(10) houses. I had the lines surveyed because I'm in an argument with my neighbors over a fence, and the new survey (pins) make my lot shorter and wider. The sides are wider and cause the next door neighbor's driveway to be on my property; not to mention the current fence lines, sprinkler systems, etc. The rear fence line is shorter by 4" on one side to about 2' on the other.

My neighbors and I are now in small claims court, and they are chomping at the bit to take the additional land from the back of my property and add it to their's. I think that the property lines should be what was established in 1959 when the fence/retaining wall that runs the whole block was put up.

These "adverse possession" cases can be costly. Anytime you have to hire an attorney, it gets costly. So I don't know what to do as we enter this small claims court hearing.