whose property is it

[jptsr123]

my uncle passed away and left the property to my father.6 neihgbors have fences 5ft. on his property which he pays taxes on. the fences been their for about 25 years. my uncle gave them permission years ago, but it was only verbal, nothing in writing. do we still own the land, or could this be adverse possession.

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

WHAT IS ADVERSE POSSESSION?
Traditional common law provided a method for someone to obtain title to land through use. The common law rules for adverse possession have been codified under both federal and state statutes. A typical statute allows a person to get title to land from the actual owner simply by using the land, out in the open for all to see. For example, your neighbor built a fence on your land with the intention of taking the property, paid property taxes, and you knew about it but did nothing. If this continued for a period of time set by state law, your neighbor may be able to claim this property as his/her own. The theory is that, by not disputing your neighbor’s use of your property through a lawsuit, you, as the actual owner have abandoned your rights to the property. There are several elements needed for adverse possession to result in title:

The length of time required for adverse possession in title varies - it could be as short as a few years or could run for twenty years or more. Typically public entities must establish a longer period of possession than individuals. Some states have adopted a rule which requires the adverse possessor to pay taxes each year on the land.

The possession must be open for all to see.

The possession must be exclusive to him or her (e.g., the fence in the above example, a driveway, road, etc.)

The possession must be hostile to the actual owner of the land.

To gain title to land through adverse possession requires strict compliance with the law, but can have dramatic impact upon land ownership rights.

An encroachment could result in title to your property being transferred to an adverse possessor. Under these circumstances, you might have to bring a lawsuit for trespass in order to prevent your neighbor from getting title to your land through adverse possession.

If you own land, it is important that you do not "sleep on your rights" since you could lose ownership of the land.

 

[Tracey]

You should still own the land, but you may have a hard time proving that their placement of the fences was with permission. If your uncle gave permission, there is no _adverse_ possession. The problem here is proof -- you'll have a hard time admitting your uncle's hearsay statements & if the neighbors are smart they'll deny getting permission. I suggest you hire a real estate attorney to help you build your case before s/he writes all the neighbors & tells them to move the fences or pay you a yearly license fee.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws. [email protected] - please include some facts so I know who you are!