Adverse Possession in Real Estate. What is it? How can you stop it?

Adverse Possession has been in the news quite a bit lately. It most commonly is when someone is occupying a residence without permission; but it can take many forms. A fence or shed encroaching on your property; a homeless person using your fence as a side of a tent, adverse possession can take many forms, but it always comes down to someone occupying something without your explicit permission.

In my career as a Principal Broker, I have seen tenants refuse to leave after their lease was up both on the residential side and on the commercial side. I once had someone sell their home and when the buyer pulled up with the moving van to move into their new house, the seller was inside watching television. She had not even started to move. She thought she had 30 days after settlement to move for some reason. I once saw a commercial tenant stop paying at the second month and stay in the space for a year. In my new role assisting with land use, it is encroachments that are the most worrisome in adverse possession. That neighbor's fence that turns out it is on your property for the last 10 years; at what point do they basically claim squatter's rights. That is still a real thing whether you know it or not.

How to prevent this? Do your due diligence! See your survey and title report before you settle. Question any discrepancies or things you don't understand. Seek professional advice from a civil engineer or real estate attorney. Ask questions just before your closing as to whether or not the Seller have completely moved out and do a walkthrough to make sure. As a Landlord, consider using a professional Property Management company. Make sure your lease template has been reviewed by a real estate attorney to give you the utmost protection.

If you need help, contact me. We have attorneys and land use professionals here at Bean Kinney & Korman that can assist.