adverse possession

[mark8shark]

I live in North Carolina. The Corp of Engineers (a division of the US Army) just notified me that my shop and pump house was on their property and must be removed. The pump houses have been there for 40 years. The shop has been there for over 20 years. I have owned the property for 35 years. My deed shows the shop is on my land and the pump house is over the line. The government said their line has been there since 1928 and is correct. I had a survey done in 1965 and 1983. My new surveyor (done 2 weeks ago) say the government line takes precidence over my old deed and survey. Do I have any hope for claiming this land I have been using for 35 years since I am in dispute over public land (not private). I have paid tax on this land for 35 years.

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by mark8shark:
I live in North Carolina. The Corp of Engineers (a division of the US Army) just notified me that my shop and pump house was on their property and must be removed. The pump houses have been there for 40 years. The shop has been there for over 20 years. I have owned the property for 35 years. My deed shows the shop is on my land and the pump house is over the line. The government said their line has been there since 1928 and is correct. I had a survey done in 1965 and 1983. My new surveyor (done 2 weeks ago) say the government line takes precidence over my old deed and survey. Do I have any hope for claiming this land I have been using for 35 years since I am in dispute over public land (not private). I have paid tax on this land for 35 years.

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This matter is too complicated for a general response. You need to hire a real estate attorney to help you. There are no adverse possession rights to government property.

 

[David J. Miller]

I am no that familiar with commerical real estate so I'm not sure if this applies.

In residential real estate, you can purchase owners title insurance which would cover your losses. Search your files and see if you have any kind of owners title insurance. If you do, the title company that performed the title work when you purchased the property may be responsible.

I am not an attorney.