Adverse Possesion Technicality

[Arch304]

What is the name of your state? WV

Ok, im saying bad words again, sorry (adverse possesion).

But, lets get technical about it. Heres the scenereo. IF:

A person was on a deed, then they added their wife to the deed, (9 years ago), does their technical ownership on the transfer still only count as 9 years. He owned it for several years prior, but, THEY only owned it deedwise togeather, for 9 years. 10 Years to claim adverse possession in WV.

Make sence?

 

[tranquility]

The time of the possession goes against the property and not the owners of the property. That the ownership changed does not restart the clock.

 

[Arch304]

Not trying to be a smart butt, but i must be incorrect in the way this works.

So, if someone bought HIS property right now, (he has staked his own property + trespass signs btw), then the new owner of 1 day, could turn around sue the me and gain possession, even though they just bought it?

Dosent seem right....and goes against everything i have read...

Maybe you misread my question, idunno.

 

[Arch304]

TECHNICALLY, the newest deed for the property is 9yrs old. It seems they are out of range in time, since they didnt own it togeather prior, but now they BOTH have owned it for 9years togeather, without a current survey either.

 

[Ozark_Sophist]

Who is claiming adverse possession? And who are you to the situtation?

 

[Arch304]

We are the owners. A neighbor is staking/trepass signs on our property, going against my survey. He knows where OUR surveyer put pins, and says they are wrong, but has done nothing (got his own survey).

I am going to sue for tresspass and removal of his other belongings that reside on this side of the line.

He has lived there for years and years 30+, BUT, in 1998 he added his wife to the deed. THEY togeather, have only owned it 9 years. They have obviously utilized the property for that amount of years most likely, as they think/act like they own it, (cut the grass, drive way past even what they are staking as theirs to turn their vehicles around, park their cars and friends cars on that property and definately on mine). Also, the previous owners of my property live nearby, and are friends of theirs. I am sure he has had permission over those years to use it.

I am trying to see what my stance is on this. Thanks

 

[Ozark_Sophist]

Post YOUR property. Has he built anything on your property? Paid taxes for your property? Mowing and parking cars on a property is not adverse possession.

 

[Arch304]

Built nothing.
Taxes arent a factor in WV according to averse possession laws here.
Planted lots of flowers/trees/shrubs.

 

[Arch304]

Yeah i could post it, but he will tear them down. We would be back and forth on that one forever until i put up my fence. Yeah, i could sue him for that, but come on.

I think that would stir up unnecessary problems that will be solved eventually. Luckily, i am pretty far away from him.

 

[Orcons]

We are the owners. A neighbor is staking/trepass signs on our property, going against my survey. He knows where OUR surveyer put pins, and says they are wrong, but has done nothing (got his own survey).

I am going to sue for tresspass and removal of his other belongings that reside on this side of the line.

He has lived there for years and years 30+, BUT, in 1998 he added his wife to the deed. THEY togeather, have only owned it 9 years. They have obviously utilized the property for that amount of years most likely, as they think/act like they own it, (cut the grass, drive way past even what they are staking as theirs to turn their vehicles around, park their cars and friends cars on that property and definately on mine). Also, the previous owners of my property live nearby, and are friends of theirs. I am sure he has had permission over those years to use it.

I am trying to see what my stance is on this. Thanks

As has been pointed out, the change to the deed will probably not restart the clock (I don't know WV law so I won't say for sure but it would be very unlikely.)

From what I understand, it looks like your problem may be that your predecessor in title is friends with the potential claimant. The best way to defeat their claim would be for their use to have been permissive but that would require the previous owner of your property to testify to that fact. (Most states consider the use permissive only if express permission is given, you usually can't infer it from the fact that they were friends.) If it wasn't permissive you will still need testimony that minimizes the actions of the claimant but again the people who could testify to that are friends of the claimants. Again I don't know WV law but in my state there are cases in which maintaining a lawn and parking cars was sufficient for adverse possession. Planting of flowers/trees/shrubs only adds to the claim.

Have you spoken with your predecessor in title? Was the use permissive? You may want to talk to a local attorney about the possibility of making a claim against the people who sold you the house. Presumably they knew of the use of the land by the neighbor and by not divulging that information you could argue that they withheld material information affecting the value of the property.

 

[tranquility]

The statutes require continuous possession, not continuous possession against a particular owner.

I have no idea if there is a vaild claim of adverse possession here, but I state again to your original question:

The time of the possession goes against the property and not the owners of the property. That the ownership changed does not restart the clock.

 

[Arch304]

Ok, great stuff guys and gals. Thanks so much, helped a bunch.

The guy has not yet filed a suit, but he will when we put up a fence, im sure. I think, if he was really going to try to claim it, he should have been required to already file suit since our last survey, 1.25yrs ago. We are already stating with maps and pins, this is ours. Hes just playing some game since he has nothing better to do.

We are friends with the previous owners father, whom owned the land at one point as well. Small world. They (theives) are friends with his daughter/son-in-law, owners before us.

I am not sure of dates, but he may be in the chain of title within the past 10 years, ill have to go get more deed copys. I know he would say he permitted it.

I am trying to find a technicality that will ruin his ideas. But also, please dont take my comments as being a butthole, just argumentive I appreciate any comments thus far, thanks!

 

[Orcons]

I am not sure of dates, but he may be in the chain of title within the past 10 years, ill have to go get more deed copys. I know he would say he permitted it.

Again, you need to check WV cases but usually a use that is permissive continues as permissive unless something explicit is done to change the nature of the use. I don't know if the fact that the person who gave permission (the father) transferred ownership to someone else would make the use non-permissive but my gut says it wouldn't, unless the new owners came in and withdrew the permission.

 

[nextwife]

The statutes require continuous possession, not continuous possession against a particular owner.

I have no idea if there is a vaild claim of adverse possession here, but I state again to your original question:

Continuous, open AND hostile. If use was by permission, it's not
"hostile".

 

[Ozark_Sophist]

Continuous, open AND hostile. If use was by permission, it's not
"hostile".

If the parties didn't know where the property line was situated until the survey, how is it open?