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Adverse Possession is the process of legally taking the ownership rights of a property that is titled to someone else. The law that is concerned with the tile of ‘Real Property’ governs this process (land and fixed structures built on the land). Through the process of adverse possession, a person can claim the title of a property that belongs to someone else without having to compensate the legal owner for that. In such a case, it is important that the person must show that his claim for the ownership is open, actual, hostile, exclusive, and notorious for a specified, uninterrupted, and extensive period of time. Below are answers to few of the more common questions about Adverse Possession: When can one get the ownership rights of someone’s personal property by adverse possession?
Usually, adverse possession includes only real property and not personal property. However, a new owner can adversely possess a personal property only if the property has been legally abandoned by its prior owner. If in case, the property has not been abandoned legally, no one can claim the ownership of it. Is it possible to acquire the ownership of a property by adverse possession, leased in North Carolina, whose landlord disappeared a year ago?
Usually, is it possible to claim the ownership of that property through adverse possession, however, in North Carolina, you would need to fulfill certain requirements to get the title. The claim for the possession should be notorious, hostile, and open to view. Moreover, you would need to maintain an uninterrupted and continuous use of that property for twenty years, which is why you would have to stay there for twenty years to file a suit. You could view North Carolina code §1-35 et seq for getting more information on this. If the property line between me and my neighbor runs through the corner of my house, can I claim that land by filing an adverse possession suit? The property line issue came into focus after 90 years though and is creating a dispute over 11 feet of land now.
Usually, in this case, your neighbor could ask you for a compensation for the value of the land by claiming that the property line is all controlling and therefore, may stop you from filing adverse possession suit. However, since its 90 years, it does not look like you would be compelled by the court to rebuild or move your home or for that matter provide compensation to your neighbor for this. Therefore, in a case like this, what would likely happen is your neighbor would probably receive a normal figure for the evaluation of his property and the property line would be adjusted in such a way that would put your entire home inside the line. The possession laws can vary from one state to another. Therefore, when you make a claim for possession, it is always best to know where you stand. If you need any clarification about your particular situation with respect to Adverse Possession, you may wish to ask a real estate lawyer.
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