QUESTION
Do I have a case to file to possess this property if the neighbor just had the property surveyed and is trying to take over this land?
Asked on Mar 24th, 2014 on Landlord and Tenant Law - Michigan
More details to this question:
I have openly and without consent from anyone maintained a small portion of land between a neighbor and myself. I have been there at least 30 years. I had a storage building built on the parcel of land at least 20 years ago. There is a fence between me and the neighbor with this part of land on my side along with my building. He is also trying to say that he has a 20 foot right of way thru my property even though he has never used my road nor has anyone other than myself. He has very good access to his property with a driveway with parking for at least 6 cars.
5 ANSWERS
It sound like you have a good case for adverse possession. To establish your rights, you need to file a lawsuit to quiet title, and get a court order.
Answered on Apr 02nd, 2014 at 7:02 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You need to get a real estate attorney to help you. There is law on adverse possession, which may not apply if you didn't have a colorable claim, and there may also be a law on boundaries which may apply. This is too fact based to answer over the internet.
Answered on Mar 25th, 2014 at 2:32 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney. The devil is in the facts, records and details.
Answered on Mar 25th, 2014 at 2:12 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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Yes. To establish adverse possession in Washington State you need to show that you had possession of the property such that it was open, notorious, hostile and adverse for 10 years, and that your possession of the property was not without the permission of the true owner. If the neighbor has not used your property for access for 10 years and there is no recorded easement of record, he has no right to use your property.
Answered on Mar 25th, 2014 at 2:11 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Yes you have a case.. The legal theory is called "title by acquiesce" which is similar to adverse possession (e.g takes 15 years) so if you can show you have maintained exclusive control of the property for 15 years you can claim that property. This goes for both the property and the access easement.
Answered on Mar 25th, 2014 at 2:03 PM