does new ownership extinguish adverse possession

[gwendolyn3121]

What is the name of your state (only U.S. law)? RI

I bought a house and later on had my land surveyed because of some wetlands behind my house. When I did I found that part of my property was being used by my next door neighbor. About 18" of his driveway is actually my land. I wanted to put a fence around my entire property. When I told him about it he told me that he had always used that land and it was his by adverse possession. In RI the adverse possession law is 10 years, and he lived there longer than 10 years, and so did the previous owner.

If the previous owner allowed him to use that 18" of property for 10 years or more I think it qualified as adverse possession. However, my deed is for all of the property that was surveyed. Since I am the new owner and I have not given him permission to use the land, is that land legally mine? Is there a law that says that? Do I have the right to take it back or is this something that needs to go to court?

Thanks for any information you can give me.

 

[Mass_Shyster]

If the previous owner allowed him to use that 18" of property for 10 years or more I think it qualified as adverse possession.

If the previous owner allowed him to use that 18" of property, that makes the use permissive, and will defeat a claim for adverse possession.

You really need to speak with an attorney in your area familiar with adverse possession claims. You may want to speak with the former owner and ask if he/she had given permission to the neighbor to use the land.

 

[gwendolyn3121]

If the previous owner allowed him to use that 18" of property, that makes the use permissive, and will defeat a claim for adverse possession.

You really need to speak with an attorney in your area familiar with adverse possession claims. You may want to speak with the former owner and ask if he/she had given permission to the neighbor to use the land.

If I find that the owner did not give permission and the person does have the land by adverse possession, what would that mean about my land? When the owner sold it to me, I believed I was paying for what was deeded to me - the same land as I had surveyed!

 

[NC Aggie]

If I find that the owner did not give permission and the person does have the land by adverse possession, what would that mean about my land? When the owner sold it to me, I believed I was paying for what was deeded to me - the same land as I had surveyed!

I think a court would ultimately have to make a decision if either property owner contests the others' claim. However, based on the information you provided, it does sound like your neighbor may have a valid claim to adverse possession though the courts would have to formalize this. There is such a thing as "tacking on" method as it relates to continous possession for adverse claims which implies that if there is continous possession over the required period of time, but ownership of the properties changing hand, it would still be considered continous as long as all other conditions are met.

As far as a claim against the grantor of your property, there is nothing that says he/she didn't fulfill the obligations of your contract with him/her. Your neighbor only has a "claim" to this adjusted boundary, the court would still have to formalize it. Also, you have responsibilities to do your due diligence in purchasing property. If you would have elected to have a survey completed prior to purchasing the proprety (which I strongly advise everyone to do), then this "issue" would likely have been discovered prior to you closing on the property.