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Old 08-04-2009, 10:05 AM
flippinout flippinout is offline
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Default Adverse Possession

Possession of property can be gotten by what is known as adverse possession.

If someone puts a fence around part of another persons property, pays the taxes on that piece of property, and the owner does nothing about it, after a certain amount of time, which time is determined by state law, then that person that did all of the above may be able to claim that property as theirs.

There are certain things that must be done before the other person can take title though.

They have to be using the property for a set amount of time which is determined by state law and pay the taxes on the land.

The possession must be such that it is open for all to see.

The possession must be exclusive to the person on the property by either a fence, roadway, or driveway etc.

This possession must be hostile to the actual landowner.

To prevent adverse possession, you would have to file a lawsuit against the person that is trying to take possession.
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adverse possession, drive way, pay the taxes, road way

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