Will I lose control of my land if I let it be freely passed (i.e. no fence or "no trespassing" sign)?

Question

I hear someone said that if a portion of my land, my yard for example, is not fenced or posted "no trespassing" sign then I will lose control (i.e. can't do anything on that land) of that portion after seven years.

Answer 1

Depending on the state you are in, you can possibly lose your property via adverse possession. The case for the trespasser/squatter, however, is pretty tough.

Standard elements are that the trespasser has to possess the land continuously, for the statutory period (7-10 yrs), that the possession be open and notorious, and that it be hostile.

So, for example, to the extent you grant permission for a particular use under certain circumstances, the possession is not hostile. To the extent the aquatter is hiding her use of the land, her possession is neither open nor notorious. You would want to take steps to close off or make impassible any suspect area (block a path with some trees or lock a gate)every now and then to prevent the area from becoming an easement.

If you are really worried about it, talk to a lawyer real estate lawyer in your area. They probably know off the top of their head.

Answer 2

YES!!!!!! Do NOT do that! It usually takes 10-15 years, but depends on the state you live in. Fencing your yard is a great way to stop this. Another way is to simply write a letter to the individuals who cross your land telling them that they have your Permission to do so. Keep a copy of the letter, and send their copy certified mail. Consult an attorney in your jurisdiction to see if a sign is OK. Sometimes a sign is not enough.

Answer 3

Not necessarily. But if you allow someone to build something there, in plain view - a sidewalk or maybe a treehouse, you have to assert that it is, in fact your property, even if you decide to let it remain. If not, then at a later time, someone can dispute that it is your property.