Whether you are purchasing a home or have lived in your home for years, it is always recommended to obtain a Survey on your Property. The following are a few reasons for having a Survey completed: RIGHTS OF WAY AND EASEMENTS A Survey will determine whether any rights of way and/or easements are...
A person who holds adverse possession of another person's land for a sufficient period of time becomes the legal owner of that land. Each state has slightly different rules that determine whether title has transferred through adverse possession. This guide is based on the law in Washington State....
Steps to be taken before you see a lawyer about a boundary line dispute. Step one - investigate the features on the ground. When you learn a neighbor disputes the location of a common boundary with your property start your investigation by searching for survey markers, metal rods in ground, and any...
How can I protect myself in a real property purchase? If you are a real property owner, you should protect yourself by purchasing a good liability insurance and title insurance policy insurance. In addition, prior to taking interest or possession of property you should be aware of: (1) any zoning...
I have read about people moving into empty homes and living there for months or longer until discovered – but I came upon it first-hand this past month. I was accompanying a real estate broker (I have a financial interest in this brokerage) for a view of a new listing the broker received. The home...
Owners of Arizona real estate are often surprised to learn that an individual may be able to acquire title to land by utilizing that land openly, adversely and continuously for a statutory period. In fact, your favorite neighbor can, by occupying your land for a period of time, gain legal ownership...
Introduction There is a saying that "Good fences make good neighbors." Sometimes, however, those fences can cause disagreement between neighbors. What is adverse possession? Adverse possession, which is the legal term that includes boundary disputes, arises when someone claims ownership of another'...
ADVERSE POSSESSION CLAIMS IN MASSACHUSETTS Many title disputes in Massachusetts arise through the assertion of an adverse possession claim. In Massachusetts, "[t]itle may be acquired by adverse possession only upon 'proof of non-permissive use which is actual, open, notorious, exclusive and adverse...
Boundary Disputes For many years, much of my practice has involved advising clients in neighbor disputes. These disputes have involved boundary issues, trespassing and damage claims, restrictions to views, and blocking of easements. While timber trespass (cutting down a neighbor’s tree) cases can...
Relocation – "[T]here is no per se prohibition against a landowner relocating a prescriptive easement unless such action completely denies the easement holder the intended use of the original easement. [cite omitted]. Rather, courts employ the test of whether the relocation will unreasonably...
