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adverse possession, government land.

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raja k.

Junior Member
purchasing a home in CA. part of the structure (an addition) is over the property line on government land (national forest). the house was built in the 60's, im not sure about the addition, but it looks old as well. this came to my attention when the realtor showed me plans a previous owner had for a garage that would go over the property line and showing part of the existing structure already over. i would like to add this garage if i purchase the property. not sure how adverse possession applies to government land, existing, and proposed structures. long story short, should i buy this house?
 


Zigner

Senior Member, Non-Attorney
purchasing a home in CA. part of the structure (an addition) is over the property line on government land (national forest). the house was built in the 60's, im not sure about the addition, but it looks old as well. this came to my attention when the realtor showed me plans a previous owner had for a garage that would go over the property line and showing part of the existing structure already over. i would like to add this garage if i purchase the property. not sure how adverse possession applies to government land, existing, and proposed structures. long story short, should i buy this house?
I suspect that you are going to be buying a HUGE headache.
 

LdiJ

Senior Member
purchasing a home in CA. part of the structure (an addition) is over the property line on government land (national forest). the house was built in the 60's, im not sure about the addition, but it looks old as well. this came to my attention when the realtor showed me plans a previous owner had for a garage that would go over the property line and showing part of the existing structure already over. i would like to add this garage if i purchase the property. not sure how adverse possession applies to government land, existing, and proposed structures. long story short, should i buy this house?
I wouldn't. You would be hard pressed to ever sell it and to get an easement or adverse possession from the government would be virtually impossible.
 

tranquility

Senior Member
I wouldn't. You would be hard pressed to ever sell it and to get an easement or adverse possession from the government would be virtually impossible.
While I would have to review the cases to be sure, adverse possession against the government is impossible. Not just virtually, by definition.
 
Years ago I worked for the US Forest Service and we did a survey and found lots of encroachments. At that time we offered land swaps to people, to fix the problem, we would give them the land that was encroached on for an equal piece that was not. It was usually just a minor boundary adjustment. Back then the USFS was pretty flexible so long as it didn't involve giving up any acreage. I'd call them and see what the current policy.
 

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