What are the requirements for adverse possession?
Full Question:
Owner A and Owner B own adjoining parcels of property. However, the property lines have never been clearly identified. Approximately 25 years ago, Owner A constructed a shed on what he thought was his property but is actually Owner B's property. Owner A has maintained the shed and used it soley for his purposes for the 25 year period. Owner B has since died and his representative is trying to eject Owner A from the property. What Is Owner A's defense to a suit brought by Owner B's representive to have him ejected from the property?
01/08/2007 |
Category: Real Property |
State: ALL |
#210
Answer:
Owner A has a claim for adverse possession. The time period for claiming this defense varys from jurisdiction but is generally 7 to 20 years. As Owner A has been in possession continuously and openly for 25 years he has acquired title to the land by adverse possession. Owner A need not believe he had any right to possession but must be in possession without Owner B's permission.