• 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.

Adverse possession against an HOA

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

M

majwheels

Junior Member
What is the name of your state?What is the name of your state? Illinois

I am a homeowner in a 30+ year old subdivision with a HOA. We have ponds, parks and much common ground with sidewalks surrounding the properties (appox 225 houses). Many homeowners elect to mow the common ground between their properties and the sidewalks in order to make their yard look more uniform. If the contract mower sees that some common ground has been mowed - he won't go over it and then proceeds to the next area. We have one homeowner that has been out here for over 20 years and is now claiming that the common ground around his property is his - because he's mowed it (like many other homeowners do). He's threatened to take the Association to court and claim adverse possession if we don't sell it to him for a dollar. The other homeowners are starting to catch wind and are very upset. There are a few members on the HOA board that want to roll over to him in order to avoid the legal costs. I say no (I'm not on the board). Do we have a case against this homeowner?
 


D

divgradcurl

Senior Member
majwheels said:
What is the name of your state?What is the name of your state? Illinois

I am a homeowner in a 30+ year old subdivision with a HOA. We have ponds, parks and much common ground with sidewalks surrounding the properties (appox 225 houses). Many homeowners elect to mow the common ground between their properties and the sidewalks in order to make their yard look more uniform. If the contract mower sees that some common ground has been mowed - he won't go over it and then proceeds to the next area. We have one homeowner that has been out here for over 20 years and is now claiming that the common ground around his property is his - because he's mowed it (like many other homeowners do). He's threatened to take the Association to court and claim adverse possession if we don't sell it to him for a dollar. The other homeowners are starting to catch wind and are very upset. There are a few members on the HOA board that want to roll over to him in order to avoid the legal costs. I say no (I'm not on the board). Do we have a case against this homeowner?
Click to expand...
A case against the homeowner for what? He's the one that needs to file to quiet title. I suppose you could file your own quiet title action, but why bother -- let him do the filing, he'll have the burden to show that the requirements for adverse possession had been met.
 
M

majwheels

Junior Member
Sorry, I stated the question incorrectly. Does the homeowner, who claims nothing other than mowing the property, have a legitimate claim to adverse possession? Had he missed mowing or two, it would have been picked up by the contract mower. Oh, and a point I miss earlier - his son, who actually cuts his grass - has the contract for mowing the common ground and has had it for about the past seven years.
 
D

divgradcurl

Senior Member
majwheels said:
Sorry, I stated the question incorrectly. Does the homeowner, who claims nothing other than mowing the property, have a legitimate claim to adverse possession? Had he missed mowing or two, it would have been picked up by the contract mower. Oh, and a point I miss earlier - his son, who actually cuts his grass - has the contract for mowing the common ground and has had it for about the past seven years.
Click to expand...
As a general rule, adverse possession is "disfavored" -- which means that the person claiming adverse possession really has to have a good case to prevail. I haven't reviewed IL caselaw on this, but I doubt simply mowing the lawn would be sufficient "open and notorious and constant use" to qualify for adverse possession. Furthermore, the entry onto the land has to be "adverse" to the interests of the owners -- if he has permission to enter the land (and since this is apparently HOA common grounds, I guess he would) then he simply cannot claim adverse possession, because a permitted entry is not "adverse" to the owner's rights.
 
S

seniorjudge

Guest
majwheels said:
What is the name of your state?What is the name of your state? Illinois

I am a homeowner in a 30+ year old subdivision with a HOA. We have ponds, parks and much common ground with sidewalks surrounding the properties (appox 225 houses). Many homeowners elect to mow the common ground between their properties and the sidewalks in order to make their yard look more uniform. If the contract mower sees that some common ground has been mowed - he won't go over it and then proceeds to the next area. We have one homeowner that has been out here for over 20 years and is now claiming that the common ground around his property is his - because he's mowed it (like many other homeowners do). He's threatened to take the Association to court and claim adverse possession if we don't sell it to him for a dollar. The other homeowners are starting to catch wind and are very upset. There are a few members on the HOA board that want to roll over to him in order to avoid the legal costs. I say no (I'm not on the board). Do we have a case against this homeowner?
Click to expand...

In IL, in order to win an adverse possession lawsuit, the following elements must be proven:
Possession Must Be Hostile or Adverse
Possession Must Be Actual
Possession Must Be Visible, Notorious, and Exclusive
Possession Must Be Continuous
Possession Must Be Twenty Years

http://www.state.il.us/court/Opinions/AppellateCourt/2001/3rdDistrict/March/Wp/3000451.doc

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=il&vol=app/2003/2011298&invol=3


Politely and quietly tell the wild lawnmower man to BITE ROCKS!
 
M

majwheels

Junior Member
Thanks to seniorjudge and divgradcurl for all the help. With the information provided, plus additional research, I was able to convince the HOA Board to call a special meeting of the home owners. There was a large turn out and when the facts were presented to them, they made it clear to the board that they needed to stand up and fight this, regardless of cost. The word about the turn out and the decision to fight any legal action must have gotten to the homeowner attempting the adverse possession. We received a letter from his attorney the very next day withdrawing his claim.

Thank for the help!
 
S

seniorjudge

Guest
majwheels said:
Thanks to seniorjudge and divgradcurl for all the help. With the information provided, plus additional research, I was able to convince the HOA Board to call a special meeting of the home owners. There was a large turn out and when the facts were presented to them, they made it clear to the board that they needed to stand up and fight this, regardless of cost. The word about the turn out and the decision to fight any legal action must have gotten to the homeowner attempting the adverse possession. We received a letter from his attorney the very next day withdrawing his claim.

Thank for the help!
Click to expand...
Adverse possession by lawnmowing...how could that stupid lawyer keep a straight face!?
 
N

nextwife

Senior Member
Gee, maybe I should change lawn services every couple years so my lawn cutting guy can't claim ownership by mowing! After all, he's been cutting for 8 years now....
 
Last edited:
J

jurched

Junior Member
That's what I want to do!

Here in Connecticut, the adverse laws are more liberal. At least, I hope so. Because, I want to pursue an adverse possession claim based on grass mowing, but if its as silly as we all think it to be, I don't want to spend money even to consult an attorney.

In my case, an angle of the next-door lot has been continuously maintained for 35-40 years by the next door neighbour and the prior owner of my house. Suddenly, the new owner of the property wants to put a parking lot in, right to the end of the lot, which means the angle of lawn next to my kitchen will soon have pavement and 24-hour lighting.

I wanted to pursue adverse possession to give some clearance between us and the parking lot. But I see in every case that adverse possession revolves around actual use of the property, such as a fence or building. Mowing the grass for decades and using it for recreational purposes seems slim even to me, one who is desperate for a buffer.

Is there no case to cite, where land maintenance won the day?

Jurched
 
H

Happy Trails

Senior Member
You should start your own thread. When you post to someone else's thread it is considered hi-jacking. By starting your own it won't confuse this original poster's thread with facts about yours.
 
S

seniorjudge

Guest
Happy Trails said:
You should start your own thread. When you post to someone else's thread it is considered hi-jacking. By starting your own it won't confuse this original poster's thread with facts about yours.
Click to expand...
Jurched can start his own thread, but if he would read this one, he will see there is no adverse by possession anywhere in the civilized world (which, I believe, includes CT) by virtue of the operation of a lawnmower.

He is an "officious intermeddler" (not my term...look it up).
 
S

seniorjudge

Guest
http://www.legal-explanations.com/definitions/officious-intermeddler.htm

Officious Intermeddler

n. A volunteer who assists and/or benefits another without being contractually or legally responsible to do so, but nevertheless desires compensation for his/her work. The intermeddler generally has to rely on the equally voluntary gratitude of the alleged benefit's recipient.


Q: Is there no case to cite, where land maintenance won the day?

A: No.
 
H

Happy Trails

Senior Member
seniorjudge said:
http://www.legal-explanations.com/definitions/officious-intermeddler.htm

Officious Intermeddler

n. A volunteer who assists and/or benefits another without being contractually or legally responsible to do so, but nevertheless desires compensation for his/her work. The intermeddler generally has to rely on the equally voluntary gratitude of the alleged benefit's recipient.
[/B]
Click to expand...
That's interesting. I think I know a few of those.
 
You must log in or register to reply here.

Find the Right Lawyer for Your Legal Issue!

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