adverse possession (fee, property, attorney, state)

[andyhugenberg]

I have researched the adverse possession requirements for my state and have fulfilled them all. My only problem is that the property in question is the back lot of the local post office. I don't want to attempt to gain title to the property via adverse possession and then find out that because it is federal property on paper that state laws don't apply. Once I show my hand, if I don't gain title I will lose the use of the land.

[North Beach Person]

What state? In MD adverse possession can not be triggered on governmental/public property.

[TexasHorseLady]

I'd need more details on this, but it sounds like you're trying to get land without paying for it, and federal land, at that. I agree that you shouldn't move forward until you know the federal statutes on this. (I'm trying hard to withhold judgment on the ethics of adverse possession, myself, having had 7 acres of family land deliberately stolen some decades ago through adverse possession AND a road put through the property simply because my grandfather didn't know better than to be accommodating to his neighbors.)

[jimboburnsy]

Originally Posted by andyhugenberg

I have researched the adverse possession requirements for my state and have fulfilled them all. My only problem is that the property in question is the back lot of the local post office. I don't want to attempt to gain title to the property via adverse possession and then find out that because it is federal property on paper that state laws don't apply. Once I show my hand, if I don't gain title I will lose the use of the land.

Paraphrased from Wikipedia:

The USPS has the privileges of sovereign immunity and eminent domain. In other words, it is considered that the USPS can do no legal wrong and it has the right to seize private property with or without fair compensation and/or consent.

Does it sound like trying to adversely possess USPS land would work?

Also, I doubt you meet all the requirements for adverse possession. It's extremely difficult to openly and notoriously use, enjoy and maintain someone else's land for a sufficient period of time to actually own it. If you are quietly using and enjoying this land, wish to continue doing so and see no reason why your situation would change without specific action - do not take specific action.

[ETex2]

There are lots of post offices, esp. in small towns, that are actually leased from private investors who build to suit for the USPS. That may be the break you are looking for. That said, adverse possession is a sorry way to gain title to property. A prescriptive easement may be the best route and it is certainly a more honorable way to retain use of the land in qestion.

[DMenscha]

Originally Posted by ETex2

There are lots of post offices, esp. in small towns, that are actually leased from private investors who build to suit for the USPS. That may be the break you are looking for. That said, adverse possession is a sorry way to gain title to property. A prescriptive easement may be the best route and it is certainly a more honorable way to retain use of the land in qestion.

I would say the number of post offices actually owned by the USPS is quite small.

It would interesting to know which state the OP is in and what you've found out about adverse possession. I sure hope you've run this past a competent real estate attorney. I've seen easements obtained by adverse possession, but never fee simple title.

We have a guy locally who thinks he has the right to cut off his neighbors from the county road even after the court has told him no, no, and hell no. Doesn't seem to stop him from thinking he still has some right to do so. i hope you're not that kind of individual