selling a home to family? you need a lawyer!

« Back to Home

Worried About An Adverse Possession Claim? Questions To Ask Before You Hire A Land Use Attorney

Posted on

If you've got squatters living on your land, you need to take action right away. Without fast action, those squatters could claim squatter's rights. They can do that through an adverse possession claim. Luckily, there are steps you can take to get squatters off your property. One way is to hire a land use attorney. Land use legal services can help you fight an adverse possession claim. If you're not sure you need a land use legal service, read the list provided below. Here are four questions to ask if you're worried about an adverse possession claim against your property. 

Were the Actions Hostile? 

If you're worried about adverse possession, you need to ask yourself about the action. To claim adverse possession, there needs to be a hostile act. That doesn't mean the squatter acted violently. Hostile actions involve two steps. First, the squatter moved onto your property. Second, they knew the property wasn't theirs. In some states, a squatter can claim an honest mistake. If the actions were hostile, it's time to talk to an attorney. 

Were Improvements Made?

Take a look at your land. If you believe that a squatter is going to make an adverse possession claim on your property, you want to look for improvements. To make an adverse possession claim, a squatter needs to make improvements to the property. Improvements are a sign that a Squatter has acted to maintain the property as if it was their own. If there are improvements to your property, you need to speak to a land use attorney right away. 

Was the Possession Obvious?

If you think someone plans to make an adverse possession claim against your property, look at the possession. Ask yourself if the possession was obvious. For instance, did the trespasser take steps to hide their possession of your property? Or, were their actions out in the open? If the squatters haven't made any move to hide their activities, now's the time to seek legal counsel. Open and obvious possession is a sign that squatters plan to make an ownership claim on your property. 

Was the Trespassing Continuous?

When it comes to adverse possession claims, possession needs to be continuous. If you've discovered squatters on your property, it's time to talk to the neighbors. If squatters plan to claim adverse possession, they need to remain in control of the property for a certain amount of time. If squatters have been in control of your property for more than a few years, speak to a land use attorney immediately. You could be at risk of an adverse possession claim.

Reach out to a lawyer who offers real estate and land use law services to learn more. 


Share