Skip to main content

Adverse possession Details: building on land

If one were to begin maintaining and occupying land to claim through adverse possession, is it possible to build a dwelling/building IE: house and/or garage on said land? Legally? What about taxes/permits/etc?

If this land was to be reclaimed by the owner before the 20year period, what would happen to the dwelling/building?

Adverse possession

Home ownership through adverse possession is NOT a good strategy.  Never mind building a structure, when you step on another person's land without their permission, you are a trespasser and may be evicted by civil or criminal means.  If you were to build a home on another person's property, and the owner objected, the court would likely instruct you to move it or lose it.  No.  Not a good idea.

I would agree with the

I would agree with the Editor. Typically, claims of adverse possession arise when two neighboring homeowners do not know exactly where the property line exists and/or are mistaken about a property line, and one homeowner maintains a portion of the other homeowner's land for the requisite period of time. In order obtain title to a piece of property through adverse possession, a homeowner and/or their predecessor in title (i.e. prior owner) must show that they have used and enjoyed a portion of the disputed land openly, notoriously, exclusively and adversely to all the world continuously for at least twenty years. In addition, one cannot maintain the land with the pemission of the true owner. In addition, you will need evidence to prove your claim of adverse possession which usually involves a survey, pictures, videotape and live testimony from witnesses.

www.goldmanpease.com

Talk to a Lawyer Today
Find a Real Estate Attorney in your County
Most offer FREE Consultations