My parents have maintained a 15 foot strip of land between their house and the road for 55 years.?

Question

The neighbor has staked claim for this land as part of his deed. He is trying to use it as leverage to get my father to sell him 4.2 acres or trade that strip, about 1/10th of an acre for the 4.2 acres. He has put huge rocks on the land and was trying to put up a wire across the driveway today. Does anybody know the law in Arkansas. I think, possession and maintaining the land for 55 years makes it theirs, but cannot get ahold of my lawyer today. Thanks

Answer 1

Your parents probably have a reasonable case of what is called "adverse possession', meaning that they quite possibly have legal title to the property because they maintained it for all these years. However, another requirement of adverse possession is that no claim was made by anyone else to the property during that time period.

I think your lawyer will be able to guide you accordingly.

Answer 2

You need to find out who owns the land. A similar thing happened to a 10 or 12 foot strip of land between my neighbour and his neighbour. It ended up being owned by somebody that didn't keep up with the taxes. The city couldn't do much about it, the land was paid for but taxes were owing. The neighbours got the name of the owner and almost started a bidding war for the property. I think there was about $19,000 in back taxes on it. Now both neighbours have moved and the strip of land still belongs to the original owner and still has back taxes owed.

Answer 3

In this case maintenance does not guarantee ownership. The deed will take precedence as to ownership of the property. What you parents will have is a right of way easement as they have to be able to cross the property to reach the road. The neighbor has no legal right to block use now that he has accepted it for 55 years. Even if he is a new owner there is precedence set that would allow your parents rights of use to the property.

You do need to contact a local attorney no matter what because they will need to follow the legal steps necessary to ensure your parents continued use of the property.

Answer 4

You must get a professional surveyor to come out and tell exactly what belongs to whom. If the land is theirs it sux but the bottom line is that for 55 yrs yall have been great neighbors cutting there property for them.

Answer 5

Correction little woman! You dont understand what you go with Your mothers and fathers lknow whats right for you. pay attention to then. Your to youthful to be out in the international via your self. Your probably in basic terms on your era perfect now. permit it bypass and you"ll sense greater proper. have faith me you wont final an afternoon without your mothers and fathers. additionally until your mothers and fathers supply permission then you definitely cant bypass on your acquaintances residing house