There are several types of real estate disputes that may require litigation to resolve. For example, title disputes related to ownership rights may require complex litigation. Damage to one person’s home because of a neighbor’s failure to trim their trees or maintain their property could also lead to legal action.
In some cases, disputes about one party’s use of another party’s property can lead to real estate conflicts. Adverse possession, also known as squatter’s rights, can allow a non-owner to potentially assume legal ownership of another person’s real property. Those concerned about losing their holdings to adverse possession may need to take legal action.
When are adverse possession claims possible?
Adverse possession is the legal term for scenarios in which one party openly utilizes real property that belongs to another. Many adverse possession claims relate to vacant parcels in farm country or to unoccupied dwelling units.
The party squatting or inhabiting the property must maintain open and continual possession for many years to have a right to pursue adverse possession claims. State statutes require at least 15 years of possession for litigation to be an option.
Paying taxes for the property can potentially help strengthen the claims of squatters intending to stay on private property. Frequently, property owners who discover squatters or significant boundary incursions need to take prompt action to prevent claims of adverse possession.
Removing squatters and affirming control over a parcel can help solve a real estate dispute that might ultimately lead to the loss of ownership. Those concerned about adverse possession claims may need to discuss the situation with a professional familiar with state real estate statutes to better understand their options.