Adverse Possession in Newton, NC (real estate, attorney, deed)

[dapperdan69]

Can someone please give some advice to this...
I have lived on this property for 12 years, (bought and paid for) The boudary lines were created by a previous owner of the two lots. My lot is cut very funny (almost like an hour glass)
In all the time that I have lived here, I have taken care of the property as if it were cut in a straight line, the other owner does the same thing. She is very aware of the property lines, yet she will maintain her side, just as if it were a straight line. I have even given her the oportunity to manage "her" own property, but she will always maintain the property as if it were straight.
Do I have any "grounds" to stand on under Adverse Possession???

[anifani821]

Originally Posted by dapperdan69

Can someone please give some advice to this...
I have lived on this property for 12 years, (bought and paid for) The boudary lines were created by a previous owner of the two lots. My lot is cut very funny (almost like an hour glass)
In all the time that I have lived here, I have taken care of the property as if it were cut in a straight line, the other owner does the same thing. She is very aware of the property lines, yet she will maintain her side, just as if it were a straight line. I have even given her the oportunity to manage "her" own property, but she will always maintain the property as if it were straight.
Do I have any "grounds" to stand on under Adverse Possession???

Probably, at some point . . . Not sure of the amount of time under NC law that has to elapse. However, why would you want to do this? Are you getting ready to sell the property?

The logical thing to do would be simply discuss the matter w/ your neighbor and see if she will deed it over to you. Claiming adverse possession could cause some very hard feelings if you don't first at least attempt to discuss the matter and see if something more "neighborly" can be worked out b/n the two of you.

[anifani821]

This question may get better answers if the moderator would move it to another section.

[AmericanRoadGirl]

I agree, ani, re the bad feelings and relocation of the thread. Dapper, if you are interested in pursuing this, I suggest you contact an attorney. I am not an attorney, this is not legal advice, just my opinion... trying to exercise such a right against a neighbor (in a case that does not originate from an incorrectly surveyed boundary dispute) is asking for bad karma and economically these cases can cost more to pursue than the property is worth.

[moremoremore]

I only know NY law, but my guess is probably not. You need to claim the property openly and notoriously under a claim or right...simply moving in a straight line isn't gonna cut it. If you had a fence there where she had no access, now you're talking....

[deusx12]

20 years sweet heart, 20 years of straight possesssssssssion. If it goes to court, you can say that for 20+ you have had adverse possesssssssssssssion of that piece of property and maintained it with the other owners knowledge. It can come down to a legal battle of he said she said type thing, but it is possible after 20 years for you to take legal possesssssssssssion of that piece of land. Thats just real estate law/ brokerage law at its best. Take a real estate class or read the book and you will see. I just finished the class, only reason i know lol!!!! Here is a little insert.

In North Carolina, the duration of such possession is seven (7) years under color of title and twenty (20) years elsewhere. North Carolina Code §1-35 through 43.

ENJOY!

[NC-here-I-come]

There are several tests to determine adverse possession. The big issue for you is holding the ground open and notorious (a term of art in property law). Simply taking care of the ground isn't enough. You have to hold the ground (which you do) maintain the property (which you do) to the exclusion of others (which you don't). It is the exclusion that must be open and obvious. As a contributor said above, a fence would be one obvious way. And, it is only when you start to satisfy those elements does the 20 year clock start ticking.