Does Neighbor Need Permission To Connect To Our Existing Fence
Full Question:
Answer:
Surveys generally determine the boundaries in property lines. In order for a neighbor to claim another neighbors property by adverse possession, there are various requirements as to the use that must be met. There must be an actual, uninterrupted period of time, and a use that is open and hostile to the owner. If permission to use the disputed area is given, adverse possession doesn't apply.
A quiet title or trespass to try title action is the method of determining title to lands. The period for establishing adverse possession by presecriptive easement in Arkansas is 7 years. The following is an Arkansas statute:
18-61-101. Actions to recover land, tenements, or hereditaments.
(a)
(1) No person or his or her heirs shall have, sue, or maintain any
action or suit, either in law or equity, for any lands, tenements, or
hereditaments after seven (7) years once his or her right to commence,
have, or maintain the suit shall have come, fallen, or accrued.
(2) All suits, either in law or equity, for the recovery of any lands,
tenements, or hereditaments shall be had and sued within seven (7) years
next after the title or cause of action accrued and no time after the
seven (7) years shall have passed.
(b) If any person who is, or shall be, entitled to commence and
prosecute a suit or action in law or equity is, or shall be, at the time
the right or title first accrued come or fallen within the age of
twenty-one (21) or non compos mentis, the person or his or her heirs,
shall and may, notwithstanding the seven (7) years may have expired,
bring his or her suit or action if the infant or non compos mentis, or
his or her heirs, shall bring it within three (3) years next after full
age or coming of sound mind.
(c) No cumulative disability shall prevent the bar formed and
constituted by the saving of this section.
(d) This section shall not apply to lands which have been sold to any
improvement district of any kind or character for taxes due the districts,
nor to any taxes due any improvement districts, but the lien of these taxes
shall continue until paid.
Steps an owner can take to avoid losing land by adverse possession include:
* Give permission in writing to use the land
* Post signs and block access
* Hire a lawyer
* Call police to remove or eject the trespasser
