Submitted by Anonymous on Thu, 02/18/2010 - 08:49
Posted in
About ten years ago I bought my home from my dad who is still alive. He had built a garage many (25) years ago and part of it was built on a neighboring parcel of land owned by a corporation. Two questions: Can I now assert adverse possession to claim the land the garage is built on? How would the tacking work? In other words, if my dad was 'trespassing' for 15 years and then he sold it to me and I tresspassed for another 10 years, can we add them together to make 20 years? Would we both then own the land or just me?
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Editor's Response
First, depending on the facts, you may be entitled to bring an action in the Land Court to 'quiet title' in your name on a theory of adverse possession or prescriptive easement. Follow this link for some MA adverse possession basics. Second, the way tacking works is that the current owner can count the time the former owner adversely possessed the land in calculating the statutorily required 20 years. You, the current owner, would own the land if your quiet title action succeeds. I would contact a Massachusetts attorney in your area to discuss this matter, if for no other reason than you may have a hard time selling the property with an encroaching garage. Good luck.
Massachusetts allows for
Massachusetts allows for tacking. In order to prevail in action to establish that you acquired title to the disputed area of land in question, you would need to show that both you and your father, as predecessor in title, have used and enjoyed the portion of the disputed land openly, notoriously, exclusively and adversely to all the world continuously for at least twenty years. The use of the disputed portion of land must also not be permissive. In seeking to enforce your claim to adverse possession, you will typically need a survey outlining precisely the area in question that you claim to have acquired by adverse possession. Evidence in these cases often includes pictures, videotapes, and live testimony about how the area had been maintained by both you and your father openly, notriously, exclusively, adversely and continuously for at least 20 years. Good Luck.
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