Adverse Possession Question

Dear client, The situation you described involving your friend and adverse possession on the land is complex and involves several legal considerations. Determining whether your friend can claim adverse possession depends on various factors, including: Extent of Encroachment: The size and nature of the encroachment matter. Minor encroachments might be viewed differently than significant deviations from the original property boundaries. Nature of Possession: Was the possession open and notorious, meaning everyone was aware of your friend occupying the land? Was it exclusive, meaning no one else claimed ownership during those 12 years? Payment of Taxes and Bills: While paying electricity bills may indicate some form of possession, not paying property and water taxes could weaken your friend's claim. Knowledge of the Original Owner: Was the original owner aware of the encroachment for the entire 12 years? Did they take any action to challenge the possession? Specific Laws and Interpretations: The applicable laws and their interpretations regarding adverse possession can vary depending on the state and local regulations. Challenges and Risks: Claims based on adverse possession can be lengthy and involve litigation. Even if your friend's claim seems strong, there's no guarantee of success. Considering the complexities, it's crucial for your friend to seek legal advice from a qualified lawyer specializing in property and real estate law. The lawyer can assess the specific details of the situation, review the relevant laws and precedents, and advise on the best course of action, including the feasibility of pursuing adverse possession, potential risks and challenges, and alternative options available. Remember, this information is for general understanding only and shouldn't be considered a substitute for professional legal advice.

7200423753

Dear Sir, The adverse possession plea can be taken as defence only and not vice versa. Your friend is advise to file a dummy suit against you for example and get declare that is the owner of the said land.