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We have lived in our house for 20 years and were told that

 
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Customer Question

We have lived in our house for 20 years and were told that the side yard was ours but recently we have found that it may not be. We have taken care of the yard since we bought the house and the previous owners also used the yard as theirs. What rights do we have? Does this come under Squatters Rights? Is there a Vermont law which covers this very subject?
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Location: United States, Vermont

Submitted: 1024 days and 12 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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Expert:  PaulMJD replied 1024 days and 12 hours ago.

If you have openly and notoriously used and cared for the land to the exclusion of all others for 15 years, then you have acquired the rights to the land through adverse possession. If they want to go after you for a boundary action, you would have a claim to the land through adverse possession and you should assert that claim.


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Customer replied 1024 days and 12 hours ago.

What happens if we sell the house after adverse possession?

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Expert:  PaulMJD replied 1024 days and 12 hours ago.

The new owner you sell to acquires the ownership just as you have. Once you acquire the land in adverse possession it becomes your land and goes with your property when it sells.

Customer replied 1024 days and 12 hours ago.

If someone disputes the claim do we need to get a lawyer to assert adverse possession?

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Expert:  PaulMJD replied 1024 days and 12 hours ago.

You would have to sue to get a court to grant you the lawful ownership through adverse possession and it would be filed as a declaratory judgment boundary action.

Expert TypeAttorney
Pos. Feedback: 98.9 %
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Answered: 8/1/2009

Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

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