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Permalink Reply by Max on March 3, 2013 at 5:09

The following article includes several States, but in general answers questions concerning trespassers. 

http://www.moeland.com/adverse.htm

 

ADVERSE POSSESSION

Many landowners are surprised to learn that under certain circumstances, a trespasser can come onto land, occupy it and gain legal ownership of it. The trespasser may acquire a few feet of property or whole acres in this way. If someone is using your property, even a small strip on the edge, you should be alert to the risk. A trespasser may also gain a legal right to use part of someone else's property; this is called a prescriptive easement. (See "Easements," below.) The legal doctrine that allows trespassers to become owners is called "adverse possession." Although the name sounds nasty (and the results can be), the trespasser is not necessarily an intentional evildoer--far from it. The trespasser may simply have made a mistake--relying on a faulty property description in a deed, for example. In rural areas, the person who moves in and occupies several acres may believe he owned it, having purchased it from a scoundrel who sold someone else part of the Brooklyn Bridge. Questions about ownership often wind up in court after an absent owner of rural property discovers that someone is living on his land or, when a piece of urban property is sold, a title insurance company refuses to issue insurance because the neighbor's garage is found to be standing squarely on the property. If the people involved can't work something out, the property owner may sue the trespasser, or the trespasser may bring a lawsuit to quiet title--a request for the court to settle who owns what.

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Permalink Reply by P.G. on March 5, 2013 at 2:56

In Louisiana...isn't the time period something like 10 and 30 years?

Meaning 10 years if possession in good faith...30 if not?

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Permalink Reply by Max on March 5, 2013 at 4:31

PG, as I understand the Louisiana code, 30 years is the number of years required to qualify anyone to "Claim" someone's property, or, defend property that's in your procession. 

Most claims are disputes related to fence lines.  Neighbor X sells his property next to yours and the new owner has a survey done.  This new survey places the boundary inside your existing fence by several feet or yards.  The new neighbor contacts you and informs you that he is putting up a new fence and it will be on the newly surveyed line, not the old fence line. 

You have to make a decision at that time to either claim prescription (given that the fence has been recognized as the boundary for at least 30 years), or let the neighbor move the boundary line.  The neighbor may not know about "Short Sections" and the "More or Less" statement on his deed doesn't mean anything to him.  He purchased 40 acres and he's not going to let you keep his "acres" incorrectly located inside your fence.

Neighbor X hires an attorney and takes you to court over the matter but he can't fight a photo of a fence line with bob-wire coming out of the middles of 4 foot wide trees.  Better yet, you have old man John Doe who built the fence in 1954 testify that he in fact placed the fence over an older fence located there at that time.  Your new neighbor's education about fence lines will probably not be good for relationships, but if he owns the property long enough, he'll be in the same boat with his property lines one day.

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Permalink Reply by P.G. on March 5, 2013 at 10:20

http://www.legis.state.la.us/lss/lss.asp?folder=67

Art. 742. Acquisitive prescription.

The laws governing acquisitive prescription of immovable property apply to apparent servitudes. An apparent servitude may be acquired by peaceable and uninterrupted possession of the right for ten years in good faith and by just title; it may also be acquired by uninterrupted possession for thirty years without title or good faith.

Acts 1977, No. 514, §1.

CHAPTER 3--ACQUISITIVE PRESCRIPTION

SECTION 1--IMMOVABLES: PRESCRIPTION OF TEN YEARS IN

GOOD FAITH AND UNDER JUST TITLE

Art. 3473. Prescription of ten years

Ownership and other real rights in immovables may be acquired by the prescription of ten years.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983.

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Permalink Reply by Max on March 5, 2013 at 16:18

Check out this link PG...

digitalcommons.law.lsu.edu/cgi/viewcontent.cgi?article=4698...

Someone driving through your property to access their property for 10 years might have a possibility of "gaining" ownership of that "servitude" by acquisitive prescription. 

I think what LN is dealing with would require 30 years of continued residence.

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Permalink Reply by P.G. on March 5, 2013 at 17:55

Can't get your link to work...

It's been awhile...several years...but I went through real estate classes..seems there were two periods talked about....depending upon good faith or bad..

If someone just moved onto land..it would take 30 years...but if someone believed they bought the land and had a title from a seller..although the seller didn't really own it..perhaps an unknown heir...it was just 10 years...

And yes they mentioned..I believe...that if someone used someone's property for 10 years..parked a car or used it to access something..etc....they could keep on using it...but that wouldn't be ownership...That would be like an implied easement...

I believe we were told the way to stop someone from making claims...such as the neighbor parking on your property..even if you didn't mind would be to give your permission...that would stop the prescriptive time...but you should have a way to prove you gave permission...perhaps in writing and with acknowledgement..

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Permalink Reply by P.G. on March 5, 2013 at 18:17

Like to add if there is any question on this..like others have said...be best to seek legal advice...

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Permalink Reply by Max on March 6, 2013 at 3:10

Sorry about the link, if you Google "acquisitive prescription art 742", the link comes up several places from the top as an downloadable doc.  Long but good read giving ref's., and, I agree on seeking the legal advice.

LN posted another question yesterday stating that a mobile home has been moved in and there is an old abandoned home located on the property.  I had some dealings with moving and setting up an mobile home a couple of years ago and I was shocked at the Parish requirements and permits for doing such.

LN might be able to stir up a wasp nest if he/she asked the Police Jury the right questions about this home being set up on their property.  If the squatter moved and set up the home without the correct permits, they could be violating Parish Code.

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Permalink Reply by Andrew on March 4, 2013 at 11:57

LN,

adverse possession (called acquisitive prescription in LA) is not the only concern. You need an attorney. If you message me i can recommend one.

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Permalink Reply by iwana nipper on March 5, 2013 at 9:58

We went thru this with a squatter last year.Please go see an attorney asap and make sure you take all land papers with you.Good luck

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Permalink Reply by adubu on March 5, 2013 at 11:40

LN--- Be careful these maybe Obama's "Entitlement"  People and they have been told due to wealth redistribution it is their land. ...

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Permalink Reply by Krkyoldhag on March 6, 2013 at 3:41

Pay the taxes due on property in timely manner and KEEP all records of same.  Fence property or at least put up a gate and a no trespass sign.  Alert law enforcement tathat there is a trespasser on propertu/  Get an attorney.

All you have to do is take a drive down FM 31 in Panola County and see acres and acres that have been claimed by adverse posession and by paying taxes on property.

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