How do you give notice to a possessor of land to avoid a claim of adverse possession?

In: Religion & Spirituality, Adverse Possession [Edit categories]

Answer:

In most states, adverse possession has five elements. The possession must be:

1. Open and notorious

2. Actual and uninterrupted

3. Exclusive

4. Hostile and under a claim of right

5. For a period of 10 years.

I would simply interrupt the possession, by putting something like a park bench on the property, use the bench, and do so openly. This would bar the second, third, and likely fourth prong of adverse possession. You are free to write a certified letter to the other party stating this, but you don't have to--the claimant of adverse possession has to prove all five elements to get quite title.

Consult with a real estate attorney in your area if you have concerns about your particular situation.

First answer by ID1213444853. Last edit by Glendaleatty. Contributor trust: 166 [recommend contributor ]. Question popularity: 1 [recommend question].

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