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Question

I need to send a letter to a person who is attempting to take land by adverse possession. What should be the form and contents of the letter?

Submitted: 17 days and 6 hours ago.
Category: Legal
Value: $38
Status: CLOSED
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Optional Information

State/Country relating to Question: Arkansas

Posted by Tina G, BBA, JD 17 days and 6 hours ago.

Info Request

Thank you for contacting our JA team for guidance. We are happy to assist you. However, we need a bit more information to more fully answer your question.

Have they already filed suit against you in the local state court?


NOTE: Sometimes we receive your question before we receive your additional "optional information". If my response does not appear to consider your optional information, please let me know as I was probably not able to view it when your question was first received.

17 days and 6 hours ago.

Reply

no, but i want to make sure my rights are protected. They have encroached on the property.

Accepted Answer

I see. If they have been maintaining/using the property continuously for a period of 7 years, they could obtain at least an easement on the property based on adverse possession.

If this much time has not passed yet, inform them in the letter that you will call the police or have their vehicle towed if they continue to use your property without permission. You need to stop their use of it if the 7 years has not passed yet.

If the 7 years has passed, then you can inform them that the previous owner was using it with your permission but they do not have your permission. This would also aid you in preventing them from gaining property rights. Again, inform them that you intend to contact the police/have their vehicle towed if it is found on your property. Then keep records of this.

There is no specific form to use. However, you may wish to spend an hour or so consulting with a local attorney so the letter contains information regarding any other defenses you may have based on your specific circumstances.

Please let me know if you need additional information.


Best regards to you,

TG

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Expert: Tina G, BBA, JD
Pos. Feedback: 99.1 %
Accepts: 
Answered: 11/5/2009

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licensed attorney for 12 years including employment, business, contract, domestic, and general civil

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