MadDog
Platinum Member
I have had cases involving the issue of "adverse possession." At least in Massachusetts, to defeat the title held by the record owner (owner as described in the deed and any recorded plot plans or surveys) the person claiming ownership by adverse possession must have asserted such possession continuously, for an uninterrupted period of 20 years and the possession has to have been "open, notorious and adverse."
That means that he has to have been using the land, not by your permission, but pursuant to his claim that it was his as a matter of right, and not anyone else's, and have been doing so openly. An adjoining landowner building a fence on your land, and using the land on his side of the fence as his, for a 20 year period, can constitute "open, notorious and adverse" possession and can result in the record titleholder losing that land by adverse possession.
That is why, if you discover that a neighbor has put up a fence on your land and is using the land, it is important to act to correct the situation. This does NOT mean that you have to tear down the fence or sue the neighbor for trespass. If you don't presently mind him using the land, but don't want to lose your ownership of it, what you need to do is to bring the matter to his attention, demonstrate that the land is actually yours, and tell him that he may continue to use it, for the present, with your permission, so long as he acknowledges (in writing, of course, to prevent future disputes) that (1) the land is yours and (2) the fence and his use of the land are continuing, not as a matter of his right, but as a matter of your permission. It is also prudent, at least once every 20 years, to open a portion of the fence and make entry on the land and to document (by dated photograph and affidavit of a witness, for example) that this has been done. This prevents the neighbor's possession from being "continuous" for 20 years.
The time period necessary to acquire ownership by adverse possession, as well as what is necessary to perfect (or to defeat) it, may vary from state to state, but that is the way it is in Massachusetts.
Hope this helps.
That means that he has to have been using the land, not by your permission, but pursuant to his claim that it was his as a matter of right, and not anyone else's, and have been doing so openly. An adjoining landowner building a fence on your land, and using the land on his side of the fence as his, for a 20 year period, can constitute "open, notorious and adverse" possession and can result in the record titleholder losing that land by adverse possession.
That is why, if you discover that a neighbor has put up a fence on your land and is using the land, it is important to act to correct the situation. This does NOT mean that you have to tear down the fence or sue the neighbor for trespass. If you don't presently mind him using the land, but don't want to lose your ownership of it, what you need to do is to bring the matter to his attention, demonstrate that the land is actually yours, and tell him that he may continue to use it, for the present, with your permission, so long as he acknowledges (in writing, of course, to prevent future disputes) that (1) the land is yours and (2) the fence and his use of the land are continuing, not as a matter of his right, but as a matter of your permission. It is also prudent, at least once every 20 years, to open a portion of the fence and make entry on the land and to document (by dated photograph and affidavit of a witness, for example) that this has been done. This prevents the neighbor's possession from being "continuous" for 20 years.
The time period necessary to acquire ownership by adverse possession, as well as what is necessary to perfect (or to defeat) it, may vary from state to state, but that is the way it is in Massachusetts.
Hope this helps.
