Move your fence . . .

[Sirena7cs]

I think it was a legitimate concern, and as I don't know all the Laws as they vary from State to State that's why I thought it was important for this property owner to find out what they were in N.J.

For example, if they are the same as California and this had been going on for 5 years or since 2000, he might be in trouble and I thought it wise to caution him.

Read below
California (and every state) has an adverse possession law (delineated in the California Code of Civil Procedure). Details may vary from state to state but the law is fundamentally the same everywhere and is relatively unchanged from its first inception in Europe almost 600 years ago. In California, adverse possession requires five years of continued use which is "open and notorious" and "adverse" to the owner's interest. The maintenance and upkeep and improvement of the property is required and for the five years of use the property taxes must be paid for the property being adversely possessed

 

[BelizeBreeze]

I think it was a legitimate concern, and as I don't know all the Laws as they vary from State to State that's why I thought it was important for this property owner to find out what they were in N.J.

And since you KNEW that this was New Jersey you also KNEW California law did not apply.

For example, if they are the same as California and this had been going on for 5 years or since 2000, he might be in trouble and I thought it wise to caution him.

And If wishes were fishes we'd all have a fry. Simply put, because you posted this irrelevant answer our poster is now going to freak, waste time trying to find the correct answer and possibly waste money too.

Read below
California (and every state) has an adverse possession law (delineated in the California Code of Civil Procedure). Details may vary from state to state but the law is fundamentally the same everywhere and is relatively unchanged from its first inception in Europe almost 600 years ago. In California, adverse possession requires five years of continued use which is "open and notorious" and "adverse" to the owner's interest. The maintenance and upkeep and improvement of the property is required and for the five years of use the property taxes must be paid for the property being adversely possessed

Again, California law does not apply.

 

[Sirena7cs]

Correct I don't know adverse possession Law as it pertains to N.J, so as a precaution, I thought he was well advised to check.

Why are you slamming me?

Do you know the law in every State?

I don't think most people do. So take a chill pill.

In case this subject come up again, which I'm sure it will under boundaries forum, I think this info below, might be helpful....more helpful then your mental masterbation tirade.

S

Black’s Law Dictionary, Fifth Edition.


--------------------------------------------------------------------------------

Alabama: In Alabama, the duration of such possession is ten (10) years if the claimant and/or his predecessor has a deed or other color of title recorded at least ten (10) years, has annually listed the land for ten (10) years for taxation, or, has acquired title by descent or devise from a predecessor who had title and was in possession. Twenty (20) years possession is necessary if the claimant does not possess the land under color of title. Alabama Code §6-5-200.
Alaska: In Alaska, the duration of such possession is seven (7) years if the possession is under color and claim of title and ten (10) years without color of title. Alaska Code §09.10.030; 09.25.050.
Arizona: In Arizona, two (2) years uninterrupted possession is sufficient to claim real estate by adverse possession against persons who have no better right to real estate. To recover a real estate claim by another person by adverse possession, one must file suit within the time period specified in Arizona Code §12-523. Arizona Code §12-521 through 528.
Arkansas: In Arkansas, the duration of such possession is seven (7) years for unimproved and unenclosed land held under color of title, and fifteen (15) years for wild and unimproved land held under color of title. Arkansas Code §16-56-105; 18-11-102-03; 18-60-212.
California: In California, the duration of such possession is five (5) years, including payment of taxes. California CCP §322-25.
Colorado: In Colorado, the duration of such possession is seven (7) years if the claimant claims under color of title. If the claimant does not make his/her claim under color of title, the duration of possession is eighteen (18) years. Colorado Code §38-41-101, 108, 109.
Connecticut: In Connecticut, the duration of such possession must be fifteen (15) years to establish title by adverse possession. Connecticut Code §52-575.
Delaware: In Delaware, the duration of such possession is twenty (20) years. Delaware Code §10-7901, 7902.

Florida: In Florida, the duration of such possession under color of title is seven (7) years. To claim real estate by adverse possession without color of title, a person must have possession for a period of seven (7) years and pay the assessed taxes. Florida Code §95.16-.18.
Georgia: In Georgia, the duration of such possession is seven (7) years under color of title and twenty (20) years in other cases. Georgia Code §44-5-163, 164.
Hawaii: In Hawaii, the duration of such possession is twenty (20) years and must be in good faith. Title by adverse possession is not applicable to real estate where title has been properly registered with the land court. Hawaii Code §656-31, 31.5.
Idaho: In Idaho, the duration of such possession is five (5) years. The person claiming title by adverse possession must pay taxes and assessments on real estate during the time of adverse possession. The claimant must enclose the real estate, cultivate it, make improvements on it, or otherwise use it for its ordinary and actual purpose. Idaho Code §5-208 through 210.
Illinois: In Illinois, the duration of such possession is seven (7) years when made under color of title and twenty (20) years otherwise. Illinois Code §735-5/13 through 101, 107, 109, 110.
Indiana: In Indiana, the duration of such possession is ten (10) years and one must pay taxes and assessments. Indiana Code §32-1-20-1.
Iowa: In Iowa, the duration of such possession is ten (10) years under claim of right or color of title.
Kansas: In Kansas, the duration of such possession is fifteen (15) years. Kansas Code §60-503.
Kentucky: In Kentucky, the duration of such possession is seven (7) years if held under patent from the state and fifteen (15) years otherwise. Kentucky Code §413.010, .050, .060.
Louisiana: In Louisiana, the duration of such possession is ten (10) years where title has been acquired in good faith and thirty (30) years in other cases. Louisiana CC §3474, 3469.
Maine: In Maine, the duration of such possession is twenty (20) years. Maine T. 14, §801, 815.
Maryland: In Maryland, the duration of such possession is twenty (20) years. Maryland Courts Art. §5-103.
Massachusetts: In Massachusetts, the duration of such possession is more than twenty (20) years. Massachusetts C. 185, §53.
Michigan: In Michigan, the duration of such possession is five (5) years if the claimant as color of title by a court deed, ten (10) years if the claimant has color of title by a tax deed, and fifteen (15) years in all other cases. To have marketable title, the claimant also receives a court decree granting him/her quiet title. Michigan CLA §600.5801.
Minnesota: In Minnesota, the duration of such possession is fifteen (15) years. Title by adverse possession is not available against properly registered land. Minnesota Code §508.02; 541.01-02.
Mississippi: In Mississippi, the duration of such possession is ten (10) years. Mississippi Code §15-1-7, 13.

Missouri: In Missouri, the duration of such possession is ten (10) years. Missouri Code §516.010-.030.

Montana: In Montana, the duration of such possession is five (5) years. The person claiming title by adverse possession must pay taxes and assessments on real estate during the time of adverse possession. Montana Code §70-19-405 through 411.
Nebraska: In Nebraska, the duration of such possession is ten (10) years. Nebraska Code §25-202.

Nevada: In Nevada, the duration of such possession is five (5) years. Nevada Code §11.070-.080.
New Hampshire: In New Hampshire, the duration of such possession is twenty (20) years. New Hampshire C. 508, §2.
New Jersey: In New Jersey, the duration of such possession is sixty (60) years for uncultivated land and thirty (30) years for other real estate. New Jersey Code §2A-14-30.
New Mexico: In New Mexico, the duration of such possession is ten (10) years. New Mexico Code §37-1-22.

New York: In New York, the duration of such possession is ten (10) years. New York Real Prop. A&P.L. §501-551.
North Carolina: In North Carolina, the duration of such possession is seven (7) years under color of title and twenty (20) years elsewhere. North Carolina Code §1-35 through 43.
North Dakota: In North Dakota, the duration of such possession is ten (10) years. The person claiming title by adverse possession must pay taxes and assessments on real estate during the time of adverse possession. The person also must claim the real estate by a written instrument or decree, or in the alternative, protect it by substantial enclosure, or cultivate and improve it. North Dakota Code §28-01-01 onward; 47-06-03.
Ohio: In Ohio, the duration of such possession is twenty-one (21) years. Ohio Code §2305.04.
Oklahoma: In Oklahoma, the duration of such possession is fifteen (15) years. Oklahoma Code §12-93; 60-333.

Oregon: In Oregon, the duration of such possession is ten (10) years. Oregon Code §105.620; 12.050.
Pennsylvania: In Pennsylvania, the duration of such possession is twenty-one (21) years. Pennsylvania Code §42-5530.
Rhode Island: In Rhode Island, the duration of such possession is ten (10) years. Rhode Island Code 34-7-1, 8.

South Carolina: In South Carolina, the duration of such possession is twenty (20) years. South Carolina Code §15-67-210 through 260.
South Dakota: In South Dakota, the duration of such possession is twenty (20) years. South Dakota Code §15-3-7, 10; 43-14-2.

Tennessee: In Tennessee, the duration of such possession is seven (7) years for someone claiming under color of title and twenty (20) years for someone without color of title. Tennessee Code §28-2101 onward.
Texas: In Texas, the duration of such possession is three (3) to twenty-five (25) years, depending upon the circumstances of the case. Texas Civ. Prac. Rem. Code §16.021 through 16.032.
Utah: In Utah, the duration of such possession is seven (7) years. The person claiming title by adverse possession must pay taxes and assessments on real estate during the time of adverse possession. Utah Code §78-12-7.1 through 21.
Vermont: In Vermont, the duration of such possession is fifteen (15) years. Vermont Code §12-501.

Virginia: In Virginia, the duration of such possession is fifteen (15) years. Virginia Code §8.01-236.
Washington: In Washington, the duration of such possession is seven (7) years. The person claiming title by adverse possession must pay taxes and assessments on real estate during the time of adverse possession. Washington Code §7.28.050-.090.
West Virginia: In West Virginia, the duration of such possession is ten (10) years. West Virginia Code §55-2-1.

Wisconsin: In Wisconsin, the duration of such possession is ten (10) years for a claim under color of title, and twenty (20) years when the claim is not under color of title. Wisconsin Code §893.25-.33.

Wyoming: In Wyoming, the duration of such possession is ten (10) years. Wyoming Code §1-3-103.

This is not a substitute for legal advice. An attorney must be consulted.
Copyright © 2002 by LAWCHEK, LTD

Back to Questions & Answers List

 

[fenceguy]

Thank you

My attorney also informed me of the 30 year law and recommended I talk with him first. I appreciate the assistance . . . thanks again.

 

[BelizeBreeze]

My attorney also informed me of the 30 year law and recommended I talk with him first. I appreciate the assistance . . . thanks again.

Another satisfied customer....depite the trolls.

 

[gawm]

Another satisfied customer....depite the trolls.

what does it mean to "depite" a troll?

 

[Sirena7cs]

Another satisfied customer....depite the trolls.

Despite the stupidest of all the trolls.

This is the very good advice that you posted on another thread (see below). You actually thought the term began with the new owner rather than with the adverse possessor timeline. Thank God someone cleared this little stinking mess of yours up pronto, or the poster might have incorrectly assumed he was in the clear based on your misinformation and eventually lost his property.

Another satisfied customer? I think not, troll.


Quote:
Originally Posted by BelizeBreeze
You are confusing a municipalities and utilities right to 'take' (Eminent Domain) with adverse possession, which is the taking of another's land by hostile and open means.

The law on Adverse Possession in Texas has changed little since 22 Wn.2d 27, BOWDEN-GAZZAM COMPANY v. JACK C. HOGAN December 22, 1943
in which the court said:

"[That] the defendant has been in open, notorious, hostile and adverse, and continuous possession of the property hereinafter described for more than ten years prior to the commencement of this action, and has maintained thereon certain buildings and structures, and by virtue of such possession, defendant has acquired title to said property by adverse possession."

So, to your issue, although the fence may have been in existence for 50 or more years, the lack of affirmative action by the neighbor previous and your ownership of less than 10 years provides you with the option of sending the neighbor a Certified (RRR) letter demanding the fence be moved.

Simple huh?


Not so simple. I don't know Texas law but in other states the issue is how long the adverse possessor (or predecessors in title if you are allowed to tack) has adversely possessed the land not how long the record owner has had title. The fact that you owned the land for less than 10 years is not relevant. If the fence has been there less than 10 years you are OK which gives even more reason to send a letter to stop the prescriptive period from running.

 

[Delabio]

Despite the stupidest of all the trolls.

Simple huh?


Not so simple. I don't know Texas law but in other states the issue is how long the adverse possessor (or predecessors in title if you are allowed to tack) has adversely possessed the land not how long the record owner has had title. The fact that you owned the land for less than 10 years is not relevant. If the fence has been there less than 10 years you are OK which gives even more reason to send a letter to stop the prescriptive period from running.

Not simple, but I found it helpful... thanks

 

[BelizeBreeze]

Not simple, but I found it helpful... thanks

If you want to take someone's advice who you THINK knows about the law, then ask her what the doctrine of laches means. Because she seems to think you can sit on your 'rights' forever and claim then whenever.

 

[BelizeBreeze]

And furthermore, just in case you'd like to learn something instead of following the troll around:

2A:14-31. 30 years' actual possession of any real estate under claim or color of title

Thirty years' actual possession of any real estate, uninterruptedly continued by occupancy, descent, conveyance or otherwise, wherever such possession commenced or is founded upon a proprietary right duly laid thereon, and recorded in the office of the surveyor general of the division in which the location was made, or in the office of the secretary of state, pursuant to law, or wherever such possession was obtained by a fair bona fide purchase of such real estate from any person in possession thereof and supposed to have a legal right and title thereto, or from the agent of such person, shall be a good and sufficient bar to all prior locations, rights, titles, conveyances, or claims whatever, not followed by actual possession as aforesaid, and shall vest an absolute right and title in the actual possessor and occupier of all such real estate.

The burden of proof is upon the party claiming adverse possession to show that the land in dispute is either recorded or that they have a legitimate legal right under title.

For example, if the current owners (the party exercising adverse possession) have been in possession of the property for 30 years and the fence and all properties in dispute are listed on their deed when they purchased the property, then they may be able to sustain a claim under AP.

However, if they have been there for 100 years and can show no such 'possession' by right of title or registration, then they have none based on statute.

That's why the little question at the top of every post. Because AP if vastly different in each state with differing conditions which must be met and different case law.

Now, learn, follow the troll or get out of the way.

 

[Orcons]

If you want to take someone's advice who you THINK knows about the law, then ask her what the doctrine of laches means. Because she seems to think you can sit on your 'rights' forever and claim then whenever.

You are such a bag of wind.

If you think the doctrine of laches applies, why don't you say what it is and how it applies? I will tell you why, it is because then everyone would see that you are just blowing smoke, trying to confuse the issue, and trying to maintain some sense that you are correct when clearly you are not.

Now if you understood adverse possession, you would know that one of the purposes is to quiet title based on long held uses. The point is that if an adverse possessor has been using land for a long time (subject to a set of conditions which vary state to state) so that an outside observer would think that the land belongs to the adverse possessor, the law is going to give that person title. What sense would it make for the adverse possessor to have to raise the claim in some amount of time?

If you have an answer give it, but say what you have to say, enough with the cockamamie hints.

Buy why do I bother?

 

[BelizeBreeze]

You are such a bag of wind.

If you think the doctrine of laches applies, why don't you say what it is and how it applies? I will tell you why, it is because then everyone would see that you are just blowing smoke, trying to confuse the issue, and trying to maintain some sense that you are correct when clearly you are not.

Now if you understood adverse possession, you would know that one of the purposes is to quiet title based on long held uses. The point is that if an adverse possessor has been using land for a long time (subject to a set of conditions which vary state to state) so that an outside observer would think that the land belongs to the adverse possessor, the law is going to give that person title. What sense would it make for the adverse possessor to have to raise the claim in some amount of time?

If you have an answer give it, but say what you have to say, enough with the cockamamie hints.

Buy why do I bother?

did you even bother to read the followup on NEW JERSEY law. or should I type in in third-grade english for you?

 

[Orcons]

did you even bother to read the followup on NEW JERSEY law. or should I type in in third-grade english for you?

More obfuscation. You quoted a passage on adverse possession under color of title. Most states have seperate requirements if the claim is made under color of title or without color of title. What you quoted doesn't even apply as no one suggested a claim could be made under color of title.

None of which explains how the doctrine of laches applies or why a claim has to be made in some amount of time. But we know you are going to keep trying to change the subject so you don't have to admit you are wrong.

 

[BelizeBreeze]

More obfuscation. You quoted a passage on adverse possession under color of title. Most states have seperate requirements if the claim is made under color of title or without color of title. What you quoted doesn't even apply as no one suggested a claim could be made under color of title.

None of which explains how the doctrine of laches applies or why a claim has to be made in some amount of time. But we know you are going to keep trying to change the subject so you don't have to admit you are wrong.

Listen I'm not going to play this game with you. IF this is so important to you then I'll await YOUR answer.

So? let's hear it. I'd be very interested to hear the Doctrine of laches doesn't apply to adverse possession cases.

 

[BelizeBreeze]

I'm still waiting.