Adverse Possession Claim

Adverse Possession Claim

Postby Jeannie » Thu Jul 21, 2016 9:58 am

Can anyone tell me if someone has right of way across a strip of track on their deeds, then fences it in to for their own use for over 20 years and is then asked to remove it by the registered owner is it possible to make an adverse possession claim for the said land. Looking at the adverse claim website there is no specially mention regarding a claim when right of way is involved. After posting a question on their site they advised me to try the Garden Law site. Does anyone know?
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Re: Adverse Possession Claim

Postby arborlad » Thu Jul 21, 2016 10:21 am

If your right to be on that land is explained by a legitimate easement - right of way - that usually precludes the possibility of an adverse possession claim.
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Re: Adverse Possession Claim

Postby Conveyancer » Fri Jul 22, 2016 9:14 pm

arborlad wrote:If your right to be on that land is explained by a legitimate easement - right of way - that usually precludes the possibility of an adverse possession claim.


Agreed, though I would say "always" rather than "usually".

There is also the point that a narrow strip of land is difficult to possess in any meaningful way.
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