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Ray, Lawyer
Category: Legal
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Experience:  30 years in civil, probate, real estate, elder law
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If we have an understood property line divided by railroad

Resolved Question:

If we have an understood property line divided by railroad ties, and it has not been contested for 15 - 20 years, is that property acknowledged to be ours?
Submitted: 8 years ago.
Category: Legal
Expert:  Ray replied 8 years ago.
Thanks for your question. The property line is defined by the descriptioon of the property and the actual survey. The placement of railroad ties may give rise to adverse possession.

Here the length of time required for adverse possession in title varies - it could be as short as a few years or could run for twenty years or more. Normally public entities must establish a longer period of possession than individuals. Some states have adopted a rule which requires the adverse possessor to pay taxes each year on the land. Also the possession must be open for all to see.

Finally The possession must be exclusive to you (I.E. the land on your side behind the timbers)

The possession must be hostile to the actual owner of the land.

To gain title to land through adverse possession requires strict compliance with the law, but you might have claim her to additional land here in such a situation.

You should consider a survey if you are unsure of your exact survey lines. Check you deed and survey lines. Usually there are metal stakes here from the survey. You would then know whether to rely on adverse possession claim here or whether you are the genuine owner..


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