Adverse Possesion Technicality

[Orcons]

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

This is why you have to look at case law. The requirements are pretty easily stated but how those requirements are interpreted or defined by the individual states will vary. Typically, uses that are not done with an attempt at concealing them are "open". So as long as you don't do everything at three in the morning or try to conceal your actions in some other way you will probably meet this standard.

 

[Arch304]

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

They knew where the property line WAS, unitl they restaked it. They also have had a survey done, i have the results from the courhouse. Very old survey, but still very accurate and legable in my opinion. It also matches up with our surveyers results as well.

They never expected anyone to purchase this land, or disagree with them. Well i did, and i do.

 

[justalayman]

I quit reading after a bit but the title to the property next door has absolutely nothing to do with adverse possession of even prescriptive easement.

You do not have to own an adjacent property to claim adverse possesion. You merely have to adversely possess a piece of property, ANY property, for the prescribed period of time while fulfilling the other statutory requirements.

As well, if there was permission given to use the area in question, then that is not adverse possession. It is use with permission and does not count towards any time for an adverse possession claim. It actually stops am accumulation of time and restarts the clock.

actually, that is one of the easiest ways to prevent an adverse possession claim. Give formal permission to use the area. Then, along with permission granted, it can be as easily revoked.