Asked on Oct 08th, 2020 on Property Law - Connecticut
More details to this question:
My husband and I purchased a house 3 months ago and we decided to get a stakeout of our property. We found out that our neighbor has been using property and we brought it up to their attention. Our neighbor was fine with it and today we received papers to appear in the court as the neighbor is asking to stop using the property because they were occupying that piece of land for 54 years. We do not know what to do as we want to keep that land as it was sold to us when we bought the house. Please advice.
Connecticut law recognizes adverse possession as a way to acquire title to property. Adverse possession is a method of acquiring title to real estate, accomplished by an open, visible, and exclusive possession uninterruptedly for a 15-year period (CGS § 52-575; Whitney v. Turmel 180 Conn. 147 (1980)).
The essential elements of an adverse possession sufficient to create title to land in a claimant are that the owner is ousted of possession and kept out uninterruptedly for 15 years by an open, visible, and exclusive possession by the claimant, under a claim of right, with the intention of using the property as his own, and without the owner's consent. The possession must be hostile and under a claim of right, actual, open, notorious, exclusive, continuous, and uninterrupted (Goodman v. Quadrato, 142 Conn. 398 (1954)).
I think depending on the way in which the poroperty was used and shown to be used will determine how your case goes. You may be able to mount a defense against the claim by showing that the use was not hostile or open or without the owner's consent. From what you described it sounds more as though the mistake was made in ignorance by both sides. Please contact me if you would like further assistance. 203.870.6700.
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