• 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.

preventing adverse possession

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

C&C

Junior Member
What is the name of your state (only U.S. law)? PA.
How does one prevent adverse possession?

I own a seasonal home and have a neighbor who is a full time resident. I have recently discovered he is storing articles and has a compost pile on a part of my property that I have let grow up. I have an out- building and also store a boat and trailer on this area of the property. In the past he has asked to clear part of it and use part of this property to make it easier to construct a storage shed, which I allowed.

A number of years ago he approached me about buying this property and I turned him down. We have a fairly good relationship and he keeps an eye on my place when I'm not there. In return I allow him and his family to use my property for parking when they visit him and I'm not there. I also allow him to use it to set up a canopy for his annual family reunion. Does my allowing this use give him, or his family, a right to the property?

I'm not sure if he is planning to claim "Squatter's rights", but he is getting on in years and I don't want a battle with his children if something were to happen to him.What is the name of your state (only U.S. law)?
 


FlyingRon

Senior Member
Permissive use almost always bars any adverse possession claims.

Adverse possession requires open, notorious, and hostile use of the land for quite a few years. It also usually requires the possessor to have been paying the taxes in many states. It's a hard thing to get.
 

HomeGuru

Senior Member
What is the name of your state (only U.S. law)? PA.
How does one prevent adverse possession?

I own a seasonal home and have a neighbor who is a full time resident. I have recently discovered he is storing articles and has a compost pile on a part of my property that I have let grow up. I have an out- building and also store a boat and trailer on this area of the property. In the past he has asked to clear part of it and use part of this property to make it easier to construct a storage shed, which I allowed.

A number of years ago he approached me about buying this property and I turned him down. We have a fairly good relationship and he keeps an eye on my place when I'm not there. In return I allow him and his family to use my property for parking when they visit him and I'm not there. I also allow him to use it to set up a canopy for his annual family reunion. Does my allowing this use give him, or his family, a right to the property?

I'm not sure if he is planning to claim "Squatter's rights", but he is getting on in years and I don't want a battle with his children if something were to happen to him.What is the name of your state (only U.S. law)?
**A: letting him use your property actually bars him from an AP claim since you gave permission his use is not open and notorious. Cover yourself though with a written agreement.
 

C&C

Junior Member
Thank you for the feedback. I agree a written agreement is best.

I want to be clear on this though. The fact that he asks and receives my permission is his acknowledgment that he has no claim to the property?
 
Last edited:

HomeGuru

Senior Member
Thank you for the feedback. I agree a written agreement is best.

I want to be clear on this though. The fact that he asks and receives my permission is his acknowledgment that he has no claim to the property?
**A: get it in writing.
 

Find the Right Lawyer for Your Legal Issue!

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