“In AZ it’s called Adverse Possession, and the time period is ten years.”
While I realize that not everyone here has a background in real estate, I’m still surprised by how few people are familiar with Adverse Possession, as it’s one of the oldest laws in the books. And yes, it most often involves a driveway or a fence that is accidentally (or purposely) located incorrectly, and then stays in place, uncontested, for a certain amount of time. Usually not a big deal, but this article was a bit strange as to how the judge used it.
It’s important to note that these cases don’t involve someone setting up a tent on the property for 48 hours and then claiming it as theirs. In every state where I’ve come across adverse possession situations, the period of occupancy is measured in years. In the case I referenced earlier on this thread, I believe the adverse possession period is 30 years.
You’re correct. Emotional posts don’t override long time settled laws. Banks chose not to protect his property and lost.
A couple years ago my neighbor erected a privacy fence 6-8 inches inside his property line. It was all amicable. He just wanted a privacy fence. In fact, he and I worked together to remove the old chain link. As a result, my yard is now a few inches deeper. I’ve thought about the adverse possession thing at at some point, that couple hundred square feet become my land.
Big fat hairy deal. But, the privacy fence is a little bit harder to mow around than the chain link so there’s a trade off.
This will likely be challenged and go to the State Supreme Court.
The article is lacking some vital information and background.
Delaware code is written with a pretty high standard of proof, to prevent this type of thing. To be able to claim adverse possession, several levels of proof must be met and proven, beyond the 20 years of occupation.
The claims must prove that the ownership was “open, notorious and hostile.”
If the “Owner” did nothing to protect his lands...; even something as simple as placing No Trespassing Signs, would have helped his claim. If he made no attempts to run the other person off “His” lands..., even again, something as simple as a conversation; “you do know that your goat pen is on my property, right!?!?”, would have protected his claim.
More drastic measures notwithstanding, there are many things that would have protected him. Likely the judge took this as a forfeiture of the ground.
But as I stated, this will be challenged.
In 18 years of being a Professional Land Surveyor, and nearly the same working for the DOT, 11 of which and currently, I do Right-of-Way research, I have only seen one or two other cases where an Adverse Possession claim was allowed, by the courts.
I am very curious and want to know more. Very likely, this will be a topic for the water cooler, today in the office.