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manu06
07-10-2006, 04:31 PM
I purchased my home in 1999. The deed was clean I had no problems until
2004. I had the property lines surveyed and staked. At that time my neighbor began stacking wood on a section on my lot.
I asked her to remove it and she refused claiming that her family had
taken adverse possession of the property in the 1980's. (She inheirited
her house shortly after I bought mine.) We went back and forth for a few
years when I finally had enough and fenced in the property. Today I was contacted by her lawyer. Does she have a valid claim ? Nothing was built on
the lot or neither was it fenced in by her.

steve50
07-21-2006, 07:27 PM
It is difficult to say based on the limited information you have provided. Was the previous owner aware of the Adverse Possession? Was the property being adversely possessed prior to the wood pile? (Adverse possession must be open not discrete.) It may be that the neighbor thought she owned the property and then after your survey realized differently. She would not be in Adverse Possession if she had no knowledge of adversely possessing the property.

Please take a look at our section on Adverse Possession - hopefully you will find the answers you need. www.buyingahouseandsavingmoney.com

Do not be bullied just because her lawyer contacted you - undoubtedly he will assert Adverse Possession but that does not mean a court would support such a claim.

Steve @ www.buyingahouseandsavingmoney.com

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