we own property in the mountains and have maintained (watered& mowed, and thought we were paying taxes on it) part of the adjoining land owners property and always thought it was ours, now he has had it surveyed and it appears that about 6 inches of a small building, half our fire pit and all of the...
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 loca...
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. Wh...
i ahve a family member that died, and she was on the deed with one of my siblings...it was a quit claim deed executed in 2008. There are no witnesses on it just the grantors signature and a notary signature. I am told that the deed is invalid because there arent any witnesses on it...but i was also ...
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 ...
We built according to the property stakes placed by surveyors. I've been paying taxes on the "disputed land".They said they had a fence before we had purchased the property 9 years ago. Currently there isn't a fence or any sign of an old fence since I've owned it. Can they claim adverse possession? ...
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 vi...
I have contracted a house in an older area and looked at the county maps. It appears one side is being enchroached on and the other side is enchroaching on the other neighbor. There are no boundary surveys recorded. Where the subject property is being enchroached on is a driveway. Where it is enchro...
My father granted use of his land to someone without any signed agreement. The person hired a crew to harvest Hay, treat the soil for planting, remove some trees and do minor landscaping; all with my fathers permission. My father is not compensated, nor did he request compensation. He has also grant...
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 h...
The house has been vacant for 4 months, on the real estate market for the past month is it subject to police search without a warrant ar do the same rules that apply to homeowners apply to any squatters that are staying on the property...
I have an incompetent partner and now has legal guardians of estate and person. I want my home but i feel unsafe going back...
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 ...
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This question pertains to Washington State. We have an old boundary tree that was obviously planted on our property but whose trunk has grown close to the property line. We had the tree surveyed to establish how far from the property line the tree is and the surveyor placed a pin about 12" above the...
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's...
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 be...
We are looking at purchasing a parcel that is bisected by a private road. The smaller part that is bisected road, say part B, has an encroachment where a 1/2 of an old/unoccupied home, part of the corresponding lawn and a driveway are located. The remainder of the home and lawn are on the owner's 5 ...
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 interfe...
