Real Property Question

[abnk]

I have heard this from different people and it is difficult for me to believe. Has there ever been a law in Indiana that if a portion of real property is used and taken care of by a neighbor, the neighbor can claim this portion of real property in court after seven years?

 

[mrjarrell]

Adverse Possession and Prescriptive Easements

Don't know about 7 years, but it could happen.

 

[spasmo]

I dont believe it I had to purchase it at the sheriff sale.

What?

 

[88GT]

It does happen.

Adverse Possession Claims in Colorado

Yet Another Adverse Possession Case

It shouldn't. I think it's bad law. But it can and does. And Mr88GT wonders why I get so fired up when the neighbors mow into our property?

IC on the subject
Also found this, but can't find similar language in IC for the disability aspect. Nor can I find the "elements of title by adverse possession required by law" as listed in the relevant section of code.

 

[IndyBeerman]

It shouldn't. I think it's bad law. But it can and does. And Mr88GT wonders why I get so fired up when the neighbors mow into our property?

There was a thread WAY back a couple of years ago about this happening, but I think it also involved the squatter also paying property taxes on it also in order to take possession.

 

[88GT]

There was a thread WAY back a couple of years ago about this happening, but I think it also involved the squatter also paying property taxes on it also in order to take possession.

In Indiana paying the property taxes is a requirement of the adverse possessor. And that should be the clue to the property owner that something is amiss. Honestly, there should never be an adverse taking case. It takes a really ignorant property owner--or a completely absent one, which makes him ignorant in my book--to allow an adverse possessor to meet all the requirements for a legal and valid claim. I suppose that's the one saving grace of the law is that it's rather difficult to achieve all requirements for the entire duration of the time.

 

[rockhopper46038]

I was concerned when I bought my current property because it appears the neighbor added a driveway that encroaches over the property line by about 6 inches and I wanted to make sure it was not possible for an adverse taking to occur. From what I can tell, in Indiana so long as I pay taxes on my entire property the taking cannot occur. If anybody has access to different information I surely would be interested in knowing it. I have no desire to block his use of the driveway (it's on the property line far from my house) but I certainly don't want to ever cede my legal claim to that strip of land.

 

[JettaKnight]

This would be great if all I have to do is mow the grass in my neighbors yard and I can have it!

Seriously - I'd do it. Their yard is huge and never gets mowed. They've got a teenage son that must play XBox all day because he doesn't do anything there. They never shovel in winter and...

 

[Butch627]

I can't imagine the mindset of someone to go through the process of paying taxes on someone elses property in hopes of claiming it

 

[Floater]

I was concerned when I bought my current property because it appears the neighbor added a driveway that encroaches over the property line by about 6 inches and I wanted to make sure it was not possible for an adverse taking to occur. From what I can tell, in Indiana so long as I pay taxes on my entire property the taking cannot occur. If anybody has access to different information I surely would be interested in knowing it. I have no desire to block his use of the driveway (it's on the property line far from my house) but I certainly don't want to ever cede my legal claim to that strip of land.

Have a lawyer draft a shared access agreement which both you and your neighbor will need to sign. Problem solved. But then you could be on the hook for maintaining the portion of the drive that is on your property, unless the agreement specifically states that the maintenance responsibility is entirely the neighbors.

This will probably also come in handy if you want to sell your property. I don't think too many people would be willing to buy if the neighbor's driveway encroaches on your lot.

 

[abnk]

In Indiana paying the property taxes is a requirement of the adverse possessor. And that should be the clue to the property owner that something is amiss. Honestly, there should never be an adverse taking case. It takes a really ignorant property owner--or a completely absent one, which makes him ignorant in my book--to allow an adverse possessor to meet all the requirements for a legal and valid claim. I suppose that's the one saving grace of the law is that it's rather difficult to achieve all requirements for the entire duration of the time.

That is how I interpret IC 32-21-7-1 as well, but another member here believes the interpretation supported by case law is that the disseisor needs to pay his own property taxes, not necessarily the taxes on the seized property. Maybe he can post the case law findings here.

Also, if the disseisor has to pay property taxes on the seized property for at least 15 years before making a title claim, adverse possession would be nearly impossible on a platted subdivision since the taxes are paid based on the plat that is maintained at the county recorder's office.

 

[abnk]

In Indiana paying the property taxes is a requirement of the adverse possessor.

Not true. Look up Piles v. Gosman, 2006. Credit goes to Sigblaster for finding the case.

 

[Benny]

I have heard this from different people and it is difficult for me to believe. Has there ever been a law in Indiana that if a portion of real property is used and taken care of by a neighbor, the neighbor can claim this portion of real property in court after seven years?

I'm not sure about the 7 years, but this is definitely a law, so believe it.

My Mother's sperm donor (I don't wish to call that abusive drunk my Grandpa) had a house and his neighbor never maintained her lawn, ever. He'd end up mowing and taking care of it, just so it didn't look so trashy. He did for close to 20 years.

Well, 20 years later the neighbor decided she wanted to put up a privacy fence. The property lines were FUBAR that one corner of her fence would have ended up so close to his house that he wouldn't have been able to open up his back door.

Long story short, they went to court and he ended up owning her entire back yard after the trial.

(yeah, if I drew a diagram it would make more sense)

 

[abnk]

I'm not sure about the 7 years,

It's 10 years.

 

[Benny]

It's 10 years.

10 years it is then.

He kept up with it for close to 20 years and all he wanted was to not have a fence butting up against his house. Somehow he was able to prove that he'd been maintaining all of it and the judge ended up giving him her entire back yard.

I still drive by that lady's house all of the time and I don't know how she doesn't get in trouble with the city. Her front yard ALWAYS looks like a jungle. She has weeds as thick as small trees.

 

[Boiler1529]

This would be great if all I have to do is mow the grass in my neighbors yard and I can have it!

Seriously - I'd do it. Their yard is huge and never gets mowed. They've got a teenage son that must play XBox all day because he doesn't do anything there. They never shovel in winter and...

I soo wish this was the case as well. The house next to me has been in foreclosure for a couple years now and the bank feels its acceptable to cut the grass once a month at most.

 

[cityartisan]

I know of a case where this happened in the state of CT, very similar to Benny's story. This was in the mid 1990's where a neighbor was awarded an adjacent property he had been taking care of under the "acquired domain" law.

 

[cityartisan]

This would be great if all I have to do is mow the grass in my neighbors yard and I can have it!

Seriously - I'd do it. Their yard is huge and never gets mowed. They've got a teenage son that must play XBox all day because he doesn't do anything there. They never shovel in winter and...

If i was in your shoes i'd be hitting the lawbooks or talking to a lawyer