Thread: Move it or Not?
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Old 03-21-2018, 04:57 PM   #17
TiltonBB
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Default Try Adverse Possession

I would research the adverse possession angle first. If you contact the previous owners and they have been using the land for close to twenty years prior to your purchase three years ago that could be an avenue that would work. The down side to that is if it causes a rift between you and your neighbor. Since it is vacant land at this time it may present the ideal opportunity.

You can establish adverse possession based on the use of the land by prior owners, though it can be more difficult to establish the necessary evidence. It is easiest if you have the previous owners available to testify about their use of the land.

In addition to adverse possession, there is also a theory known as boundary by acquiescence, where if property owners have recognized a certain boundary for twenty years as being the true boundary, it can cause the boundary to be changed. It is similar to adverse possession, but the facts you have to prove vary a little.
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