QUESTION
Can I claim an alleyway as property and how?
Asked on Apr 15th, 2013 on Estate Planning - Colorado
More details to this question:
I have owned my property for 37 years. There is an alleyway that I have maintained in 37 years. Can I claim this as property and how?
9 ANSWERS
Admiralty / Maritime Attorney serving Monrovia, CA
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The Law Office of Nathan Wagner
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You might have a claim to the alleyway by adverse possession. Your question does not say whether you have been sharing it with the owner of record. To claim adverse possession, you would have to be using the alleyway exclusively. You would claim the alleyway by filing a lawsuit called a Quiet Title Action.
Answered on Apr 18th, 2013 at 7:55 PM
It depends on who has technical ownership of the alley. If it is in private hands you may have a ownership interest. However, if a public entity has title to the alley you can not get an ownership interest. But you should review the facts with a real estate attorney as a Request for abandonment might be favorably received by the public entity.
Answered on Apr 17th, 2013 at 10:00 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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The alley may be an easement so you cannot claim that.
Answered on Apr 17th, 2013 at 9:53 PM
Business Entity Formation Attorney serving Salt Lake City, UT
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Fetzer Booth Mountain West Law
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This depends on the state laws regarding adverse possession in your state. In general there are 5 elements that must be shown in order to obtain adverse possession of a piece of property: 1) Actual possession of the property for a set period of time 2) Non-permissive use of the property 3) Open and notorious use of the property 4) Continuous use of the property 5) Exclusive use of the property If all of these elements are met, you may file a claim for title to the property. However, be aware that some states require you to have paid the taxes on the property.
Answered on Apr 17th, 2013 at 9:00 PM
Estate Planning Attorney serving Marquette, MI
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The Wideman Law Center, P.C.
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You need to find out who owns that property. If you have openly used the property as your own for over 14 years and they have not given you permission for that use, but have also not objected to the use - you MAY be able to go to Court on an action for adverse possession and try to become the owner of the land.
Answered on Apr 17th, 2013 at 8:38 PM
I assume the alley way is owned by the city. You can contact City Hall to see if they are willing to declare the property abandoned and then sell it to you. If the alley is used by others, it is unlikely the city will abandon it, however.
Answered on Apr 17th, 2013 at 8:28 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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It depends. Is the alleyway an easement? Does it belong to someone else? If it is an easement, then you cannot claim it. If it is someone else's land and that person has asked you to stop using it and you have done it, anyway, then if you can prove all of this, you can file a claim with the court for adverse possession. You would need a lawyer to do this for you.
Answered on Apr 17th, 2013 at 8:27 PM
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Take your documents to a REAL ESTATE attorney, have a title report run and see if you have rights to adverse possession. This is not something you can do without an attorney as it is a very complicated area of the law.
Answered on Apr 17th, 2013 at 8:26 PM
Whether you have a claim, via adverse possession or otherwise, should be discussed with an attorney in your area who specializes in real estate. Do not proceed based on advice on this question received over the internet.
Answered on Apr 17th, 2013 at 8:25 PM