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Adverse Repossession?

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Sally M

Junior Member
What is the name of your state? Alabama

My parents created a driveway to their property 35 years ago thinking it was their property. Now, a neighbor has proven it is indeed his and is putting up a fence which will block their access to their house. They have offered to purchase the few feet from him, but no deal. Do they have any recourse and is this considered adverse repossession?
 


S

seniorjudge

Guest
http://www.birminghambar.org/data/SlipOpinions/CivApp/2001144.htm

Google alabama elements adverse possession for further links.

Do they still have the survey they did when they first put this driveway there?

Generally, you must have some kind of right to be on the land before adverse possesion begins. If they are mere trespassers, then adverse possession does not come into play.

In any event, the best and most correct answer to your question is to hire a real estate attorney in your area.
 

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