Use ‘Em or Lose ‘Em: Defending Your Private Property Rights

Suppose your neighbor builds a privacy fence just about a foot over your property line.  You don’t really mind because it’s less for you to mow, and it’s not worth having a disagreement with a good neighbor.  You decide not to say anything. You have now started the process of giving away your private property.

Rights to private property are acquired several ways: gift, purchase, inheritance, agreement, and ADVERSE POSSESSION.  Adverse possession can occur when someone else starts using, occupying, and maintaining another’s private property.  Typically, the adverse possessor must occupy the property continuously for several years (at least seven) and must believe the occupied property is rightfully his, and true owner must not have given consent for the adverse possession.

To prevent another from acquiring your property by adverse possession, you must be a vigilant property owner.

1)   Know where your boundary lines lay.  Have a survey conducted on your property and make note of any disputed boundaries or encroachments.

2)   Know what rights others may have in your property such as utility easements, driveways, pedestrian paths, etc.

3)   Advise any adjoining property owners of any encroachments onto your property.  Let them know in writing (and keep a copy of the letter), that you have learned of the encroachment and what action you would like to see taken.

4)   If you decide to allow the encroachment to remain, make clear that you are giving permission for now and that you reserve the right to enforce your property rights later.