• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Lack of survey a bar to adverse possession claim?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

BERTY66

Junior Member
What is the name of your state (only U.S. law)? RHODE ISLAND.

Hello all: In the continuing case of my neighbor having a hot tub partially (still) on my land, over the line in other words, wherein he now is threatening an Adverse Possession claim (it has been there more than ten years I admit, which is the RI limit), I thought of the following...

Given that a survey was only done in late 2009, and before then we both just sort of ignored the issue and he gradually accumulated gee-gaws, plastic chairs, trash cans etc. on or over the line, which I did not object to -- since neither I (nor he) knew really where the line was. The most substantial thing he placed over the line was the hot tub.

Now since the survey showing where line actually is was only done 14 months ago, can I now say that the survey date would be when adverse possession clock began ticking, and not when he placed the tub (10-plus years ago)?

This because before the survey date I did not know actually where the line was, and would have had no basis to give written notice of "permission" to him for the hot tub encroachment, which notice would normally stop the AP clock from continuing on.

Thoughts? Thanks, Albert, East Providence
 
Last edited:


drewguy

Member
In some states, mistake as to the location of the boundary means that the possession is not adverse. But this is the minority rule. Consult a lawyer.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top