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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Legal
Satisfied Customers: 9708
Experience:  30 years experience corporate, litigation, international
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What are squatters rights in Iowa

Customer Question

What are squatters rights in Iowa
Submitted: 6 years ago.
Category: Legal
Expert:  Richard - Bizlaw replied 6 years ago.
What is the situation you are dealing with? Squatters rights is really adverse possession which is fact dependent.
Customer: replied 6 years ago.
A fence was placed without permission 11 years ago. We did not know it was on our property until just recently, we have paid the property tax the whole time just not realizing the discepency in the fence line. We would like it moved while the neighbor is talking about squatters rights. This home and land have been owned by the same family for 50 + years. Hopefully this additional information will help you respond. Thanks DR Tate
Expert:  Richard - Bizlaw replied 6 years ago.

To take land by adverse possession the claim for the land must be open, adverse to the other ownership and taken under claim of right or color of title (even though defective) for a period of 10 years or more. In this circumstance, although the fence was openly visible, the fact that it was encroaching was not known so that you may be able to maintain your ownership. YOu will need to send a formal letter requiring him to relocate the fence and if he does not you will have to file a lawsuit for trespass. You should retain a local attorney to assist you as this is not a straightforward situation.


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