Two Ways To Prevent Adverse Possession Of Your Property
There are many ways you can lose land, but perhaps the worst is having someone legally steal it from you using adverse possession laws. These laws allow a trespasser to petition the court for permanent access to your land, which may be granted under the right circumstances. To prevent something like this from happening, here are two things you can do.
Grant a Permissive Easement
One of the most common ways adverse possession occurs is as the result of easement issues. Your neighbor—or the general public—may use a piece of your land to access a public benefit (e.g. a lake behind your home). After several years of freely using the area to get to the destination, the trespasser files a petition with the court to take permanent possession of the property. If the circumstances meet all the elements necessary to make a legitimate claim, the court will typically grant the petitioner request.
Thus, if you know your land is being used to access other areas, you can institute what's known as a permissive easement. Essentially, you give people permission to use the land but retain your right to revoke that permission at any time. For instance, you can post signs in the area in question stating people can use the road to access the public benefit but that access may be restricted by the owner (i.e. you) when it becomes necessary to do so.
Since adverse possession requires the applicant to be using the land without the owner's permissions, instituting a permissive easement will destroy the person's case before it even gets off the ground.
Restrict Access
If the trespassers are not using your property to access a public benefit but, instead, are attempting to use it for other purposes that only benefit the trespasser, your other option is to restrict access to the area. The best way to do this is by erecting a physical barrier to keep the offender off your property. For instance, have a fence built around your property that keeps people from entering it.
To be effective, it may be necessary to have your land surveyed to ensure all your property is accounted for and that the barrier is accurately placed. Additionally, if the trespasser is essentially living on your land, you may need to go through the eviction process to have the person removed if he or she has been there for a long period of time.
For more information about preventing adverse possession or for assistance with handling issues with trespassers, contact a real estate attorney.
