Understanding various forms of ownership is important in the world of real estate. One of them is adverse possession. When exercised, it gives a person a legal right to own another person’s property if it is occupied for a specific period without the owner’s permission. Individuals can work with adverse possession lawyers and take appropriate steps to ensure protection against claims. In this article, we will talk about various expert legal strategies you could leverage to defend your property rights and avoid an adverse possession claim.
One of the easiest yet probably most powerful strategies to defend your property against adverse possession is regular monitoring. With such a simple act, you can deter any unauthorized occupation early. Whether it is a vacant piece of urban land or an occupied piece of rural land, routine inspections are a must in spotting trespassers.
Boundary markers, fencing, or even posting a “No Trespassing” sign are also great ideas to indicate ownership. These overt reminders can work in your favor in a court of law by proving that you do indeed control and occupy the land.
If you know that someone is using your land without permission, you should write a letter asking them to leave immediately. This makes the trespasser understand that his use of your land was unauthorized. The letter also shows that it was a hostile act, which forms one of the five main elements of adverse possession.
By serving a notice formally, you somehow defy their claim of “hostility.” Most importantly, it proves that you are actively exercising your rights on the property. When you litigate them later, the notice may prove to be indispensable as evidence.
The best due diligence lawyers suggest that an efficient legal tactic to dispute adverse possession is granting permission for use. If you catch someone on your land without permission, instead of evicting them outright, you can formalize the deal by providing them with written permission to use the land.
Adverse possession claims have to be hostile, which is done without the owner’s permission. Written consent will eliminate the element of hostility and disqualify them from acquiring the property through adverse possession. Make sure you get this in writing and that the wording and terms are such that they can be upheld in court should this matter ever come about.
One of the key parts of an adverse possession claim to be successful is that the person claiming the property must pay property taxes on it for the period prescribed by statute. As the owner, making sure you make the fiscal payments promptly and in full is perhaps the best defence against adverse possession.
If the one making the claim cannot produce proof of payment of taxes or has altogether failed to pay them, this defeats his claim. Maintaining proper and current tax records continues to support your case that you have retained rights and responsibility over the property.
You can resort to a court procedure that aims to evict the unlawful occupant of your property and restore possession to you. This is called ejectment and serves as one of the most aggressive and active approaches in the case of a long-period trespasser.
Alternatively, you can also file a quiet title action to clear your ownership of your title. This will remove any claims or disputes placed on your title through proven facts and validate your ownership status in court.
Another pragmatic approach to safeguard yourself would be formalizing the arrangement through a lease agreement if someone is using your land. It would be quite useful if the person occupying your land is someone you know or if you cannot displace them immediately.
You convert the otherwise hostile occupation into a legal, consensual agreement by creating a lease, thereby eliminating the foundation of an adverse possession claim. Don’t forget to file the lease with the appropriate governing authority to make the agreement legally binding and enforceable.
Here, we have discussed all the strategies that can help you fight against adverse possession. With vigilant review and professional legal advice, you can sufficiently protect your ownership from people not allowed to occupy your property. Seek help from the best property settlement lawyers and find your best defence against adverse possession.