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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 31580
Experience:  16 years of legal experience including real estate law.
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We own a house and maintained the property for over 30 years.

Customer Question

We own a house and maintained the property for over 30 years. About 15 uears or so we put up a above ground pool in the back of property never having a permit for the pool. Now I'm a foster grandparent and DCF is asking for a permit for the pool and we had to go to city of New Britain in Ct. to get the perimt and we found out that our pool is build on a line of property of our back neighbors. We didn't know where the property line ended because the fance was in the back of the property put on even before we bought the property and we thought that our property ended where the fance was. We cleaned the property and maintained that property for aal those years never hearing anything from the neighbors. Now they are saying that they don't have nothing against the pool but they can't just take the risk of paying any laiability if something happens. My question is if we maintained the property for all those years is there any way we can claim this back land as ours? What steps do we have to take to claim the land, or are there any papers that we have to fill out? Is there a law in Ct. that states that the land might be ours since we maintained the property for over 30 years?
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Tina replied 11 months ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Have you approached the neighboring land owners about this issue yet?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 11 months ago.


No we haven't

Expert:  Tina replied 11 months ago.
Hello again, Theresa, and thank you for clarifying that for me.

State law does provide grounds for a landowner to claim ownership of property they have exclusively used and maintained for a period of at least 15 years under the doctrine of adverse possession, so you could pursue legal action to obtain ownership of the land you have been using for so long typically.

However, it is usually better to retain a local real estate attorney to approach the issue with the neighboring land owner in an attempt to come to a voluntary agreement and avoid litigation if possible, since it can be expensive and time-consuming for both parties involved.

Here is a link which summarizes the law in CT:

http://www.cga.ct.gov/2006/rpt/2006-R-0032.htm

There are grounds to pursue ownership of the property you have used an maintained for over 30 years, but it would be best to retain a local attorney to represent you in this matter. If you are unable to come to an agreement with the neighboring landowner, then a lawsuit will typically be necessary, seeking a court order declaring that you are the rightful owner of the property in question pursuant to the doctrine of adverse possession.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Customer: replied 11 months ago.

Hi Tina,


 


Should I still approach my neighboring land owner first on my own and show them that we can claim the land for maitaning for over 30 years, or still get the local real estate lawyer. The thing is that I don't want to spend any money if I don't have to.

Expert:  Tina replied 11 months ago.
Hello again, Theresa.

Even if the owner agrees to permit you to claim ownership of the property, you will need an attorney to draft new deeds to the properties, but if you are on good terms with your neighbor, then you may want to let her know before an attorney gets involved. If an attorney is already involved, they can help inform your neighbor of the law and possibly avoid a great deal of resistance from them, which could lead to a lawsuit. But you are in a better position to know how your neighbor might respond to this information, so if you believe they will cooperate if you contact them first, that may be the better course of action.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 31580
Experience: 16 years of legal experience including real estate law.
Tina and 7 other Real Estate Law Specialists are ready to help you
Customer: replied 11 months ago.


Hi Tina,


 


Thank you for your time to answer my questions.


 


Theresa

Expert:  Tina replied 11 months ago.
You are very welcome, Theresa, and I wish you all the best with this issue and hope your neighbor is cooperative in resolving it.

Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. Thank you very much!

Tina

Expert:  Tina replied 11 months ago.

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

Note: Please feel free to request me if you have future legal questions by typing your new question in the question box on my profile page. Here is a link to that page, which you can bookmark or add to your favorites: http://www.justanswer.com/law/expert-tina/. I look forward to hearing from you again should the need arise.

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