adverse possession?

[lindafaye]

My state is Oklahoma. Our home was built in 1970. We bought it 5 years ago May. Please don't tell me we should have had it surveyed, we know that now...we did buy title insurance but don't believe they surveyed it. We have recently put it on the market. In the past 5 years, our neighbor to the east has pointed out her "exact boundary" at least 3 times and recently put up stakes and string to mark where she said it was. She decided to have it surveyed last week. Sure enough, her actual "line" runs within 2 feet of our house. The "new" line is about 15 feet west (toward our house) of the line she claimed for the 5 years we've been here (she's been in her house longer) . The new line goes straight through 'our' yard and flower bed we have kept for 5 years (both were established by previous owners of this house). She is going to put up a "boundary" on the new line (probably stakes and string) so she'll know exactly where her property is. That will kill the sale of this house! I currently have an offer to her to buy the strip of land in question but she is not one to accomodate others so we are waiting to hear. I would love to be able to take her to court and prove the land in question is now ours due to "adverse possession". Our case fits in many categories under "adverse possession" because we thought the land was ours! I, at one time, paid $300.00 to have the flower bed landscaped! Do we have a leg to stand on (whether it be on our property or hers What steps should I take? Thanks for any information and advice...LF

 

[HomeGuru]

My state is Oklahoma. Our home was built in 1970. We bought it 5 years ago May. Please don't tell me we should have had it surveyed, we know that now...we did buy title insurance but don't believe they surveyed it. We have recently put it on the market. In the past 5 years, our neighbor to the east has pointed out her "exact boundary" at least 3 times and recently put up stakes and string to mark where she said it was. She decided to have it surveyed last week. Sure enough, her actual "line" runs within 2 feet of our house. The "new" line is about 15 feet west (toward our house) of the line she claimed for the 5 years we've been here (she's been in her house longer) . The new line goes straight through 'our' yard and flower bed we have kept for 5 years (both were established by previous owners of this house). She is going to put up a "boundary" on the new line (probably stakes and string) so she'll know exactly where her property is. That will kill the sale of this house! I currently have an offer to her to buy the strip of land in question but she is not one to accomodate others so we are waiting to hear. I would love to be able to take her to court and prove the land in question is now ours due to "adverse possession". Our case fits in many categories under "adverse possession" because we thought the land was ours! I, at one time, paid $300.00 to have the flower bed landscaped! Do we have a leg to stand on (whether it be on our property or hers What steps should I take? Thanks for any information and advice...LF

**A: you are wrong. An adverse possession claim is not granted because
you "thought" the land was yours.

 

[lindafaye]

Probably...things usually don't go as we hope! Just 'thinking' the land was ours isn't at all what we are basing this claim on. We and the 2 families before us (since 1970) have cared for the land 'as owners'. We'll see though..I'm actually seeing an attorney tomorrow that says our case is a classic sample of adverse possession. We have met virtually all the criteria, according to Oklahoma law, to claim it. I told him I prefer not to go to court unless she refuses our offer to buy the land. He will, by letter, inform her of his findings and explain that it would be cost effective to "quick deed" the area to us for a fair market price. Wish us luck....she is really a witch!!!!

 

[4WhatItsWorth]

I don't think you have a claim to her land for two reasons. Usually, adverse possession requires something substantial (i.e. fence, garage, shed etc) to "occupy" (be built upon) the area in question. It must be exclusive. Also, in the definition of adverse possession, it states it must be "notorious" (or known). In other words, I believe both of you (and all previous owners) had to be aware of fact you were over the property line.

 

[JusticeSeeker1]

Sounds like AP to me if the 15 year SOL has been met. Open, obvious, continuous, and right to title. By the way, obviousness or notoriousness need not be a boundary or building. Just FYI.