Has anyone ever heard of the doctrine of “adverse occupancy”?
It varies from state to state, but if an individual has occupied a certain piece of property, enjoying its benefits as if in ownership, without challenge from any other individual or entity, up to and including the payment of land taxes (not necessarily fees), for a certain period of time (from maybe one or two, up to twenty years or more), title then may be awarded to the occupant of the land.
This also works on fractional parts of the bundle or rights that goes with property, including easements and water rights.
Exactly what I was thinking.
But, I am betting that it doesn’t apply to the government.
Ping!
Alloysteel, many thanks for the info!
I think it’s called “adverse possession” and I’ve seen it work with borderline property with respect to private ownership (squatters, fences, etc.). I wonder if they appended some sort of exemption (tacked in on to completely unrelated legislation or something) on to other bills. This is where Westlaw and LexisNexis (sp?) come in handy.