THAPAR AND ASSOCIATES LAW FIRM

How to Prevent Adverse Possession

If you are a landowner, keep an eye on your property. If you suspect that someone has a possible adverse possession claim, check property tax records to see if this person (or anyone else) has made tax payments on the property. To prevent a trespasser from gaining property ownership, you can take the following steps:

Post “no trespassing” signs and block entrances with gates. Keep in mind that this is a good way to deter trespassers, but in many states the fact that you have signs or gates won’t protect against a claim by a trespasser who takes possession of the land anyway.

Give written permission to someone to use your land, and get their written acknowledgement. For example, you could give someone permission to park on your land, use a shortcut across your property, or to garden or grow crops. This can not only defeat adverse possession claims, but also a claim to an easement (use permit) across your property.

Call the police. Hire a lawyer. You might need to file a lawsuit to eject the trespasser from the landlord. Or you might want a court to order a structure removed from your property. You must act before the trespasser has been on your land long enough, under your state’s law, to make a successful adverse possession claim.

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