Strategies to Prevent Adverse Possession of Land

Adverse possession can be a significant threat to landowners, as it can result in losing ownership of a property over time if not addressed properly. Learn how to secure your land through various legal measures, including security features, legal actions, and granting permission.

Securing Your Property

1. Build a Fence or Wall

One of the most effective ways to deter unauthorized use of your property is to build a fence or wall. This not only serves as a physical barrier but also provides evidence that you are actively protecting your land, which can help in legal cases if disputed. If your property is large and undeveloped, it is crucial to have a professional survey before installing a perimeter fence to ensure you don't interfere with any existing easements. Easements are legal restrictions on the use of your land and are generally non-negotiable.

2. Put Up Signs

Signs can serve as a deterrent to potential trespassers. You can purchase them from local home improvement stores and use them to mark clearly that a certain part of your property is private. For instance, on the shore of a lake that is part of your land, placing signs can alert others to the fact that they are trespassing. While signs alone do not prevent trespassing, they can go a long way in deterring intrusions and providing clear evidence in legal disputes.

Suing for Trespass

1. Ask the Person to Leave

The first step when faced with an ongoing trespass is to request the person to leave. This may seem straightforward, but it is more complex than simply asking. If the trespasser is persistent or if you do not feel confident confronting them alone, it may be wise to involve law enforcement. This immediate action helps establish that you were aware of the trespass and did not acquiesce, which is a key element in establishing adverse possession.

2. Gather Documents to Prove Ownership

To proceed with a lawsuit for trespass, you must be able to prove that you own the land in question. This often involves attaching a copy of your deed or other ownership documents to your complaint. Additionally, you must check for any recorded easements or other uses of the property that may affect your claims.

3. Have Your Property Surveyed

If a neighbor is using land within your property boundaries, having a professional survey conducted can help confirm the contested area is part of your property. This step may be necessary to establish clear property lines and to provide evidence in court.

4. File the Complaint and Serve the Defendant

Once you have gathered the necessary documents and evidence, you can file your complaint with the appropriate court. After filing, the defendant must be served with a copy of the complaint and the summons. This is typically handled by a sheriff's deputy but can also be done via certified mail. It is essential to ensure that the served documents are properly recorded to avoid legal complications.

Granting Permission

1. Send a Letter to the Person

Another way to prevent adverse possession is to create a written agreement granting permission to use your property. Before sending such a letter, consider your goals regarding the use. If you are willing to allow the use without compensation, make it clear in the agreement. However, if you expect to be compensated, state a fair price and negotiate an amount that meets your needs.

2. Negotiate an Agreement

Negotiations should take place in a neutral location where both parties can easily meet. It is essential to be polite and keep the discussion civil. Explain why you want the use to be official and legally binding. If negotiations stall, you may need to mention that the free access will no longer be available and that a written contract must be supported by consideration.

3. Draft a Written Agreement

Any agreement regarding the use of real property must be in writing to be legally enforceable. Ensure that the terms of the agreement, including the duration and payment, are clearly stated. Check with the county recorder for any specific requirements and fees for recording the agreement. Once recorded, it becomes a public document, providing further protection against adverse possession.

By taking proactive steps to secure your land and understanding the legal processes involved in preventing adverse possession, you can protect your property from unauthorized use and ensure its long-term ownership.