Q: How can I adjust my property line to include land I maintained for 25 years after the owner's death?
I have been maintaining the property next to mine for the past 25 years, including building a driveway and a garden. The owner has passed away, and the land is still in their name. I attempted to contact the family, but they have not responded. There are no existing legal agreements or deeds related to this property. How can I have my property line adjusted to include this land?
A: There is a complex legal procedure known as "adverse possession by prescription" which "requires actual, exclusive, open, notorious, and hostile possession under a claim of right for a 20-year period." There is a ton written about it; it is essentially a squatter's law; every case is by definition a mess. If you have paid the taxes on the adjoining land, the procedure is shorter and cleaner. Adverse possession involves filing a claim for such, sending notice to everyone possibly of interest in the property to offer opportunity for defense of rights, and having a hearing or trial on the matter.
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