Q: How do I get an adverse posession started?
From all the information I've read, you have to wait for the title holder to try to evict you before you can do anything but what if the owner simply doesn't? My family has been using an abandoned quarry to what satisfies the requirements for adverse posession for 21 years. My question is, what now? We want to get the rights to the land so we can get power run to the cement slab and park a camper on it because there's 20 of us living in this tiny house.
A:
You absolutely need to consult local counsel in your state before you proceed. You may be able to file a quiet title action to settle title in yourself, but this particular remedy may not be available to you. An experienced real estate lawyer in your state would know. They will also know how to guide you around the numerous pitfalls of gaining title by adverse possession and meeting your burden of proof of all of the elements of such a claim -- that your occupancy of the property was open notorious, hostile, continuous, etc., as required by your state's laws. It is unlikely you could succeed at doing this without experienced counsel. The notice issues alone would likely trip you up, as the putative land owner cannot be deprived of his property without due process of law, and notice is crucial and must be accomplished correctly and proven adequately. Good luck.
PS: My comments here are for general information only and are not legal advice about your specific situation nor do they create an attorney-client relationship between us. Consult counsel in your state for legal advice about your particular circumstances and how applicable laws will affect you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
