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UP / Thumb of Michigan | I think every state is different when it comes to the ability to claim adverse possession. I've been fortunate, had close calls but was able to head it off before it became a problem. In the case of the OP, you need to know what your states rules are first.
I had some commercial property with a neighbor who was a real donkey. He felt the same about me I'm sure. The neighbor had started encroaching before I bought the property, and ramped it up after buying it. I contacted my real estate lawyer, asked him what his how to deal with it. His solution surprised me, but I guess it works. He wrote a letter, sent it certified, and we also recorded it. Stated that I know Mr Donkey is using my property, so I gave him and his wife permission to access but not occupy it with anything permanent. I could rescind permission any time I wanted to. Push comes to shove, it was up to him to prove where the property lines were in a disagreement, and because I'd given him permission, he couldn't do an adverse possession claim.
From the internet: https://daltontomich.com/how-to-prevent-adverse-possession-or-prescr... | |
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Adverse possession
