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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 36360
Experience:  Texas Attorney for 30 years dealing in real estate
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My family have 20 acres of land that is Aire property minus

Customer Question

My family have 20 acres of land that is Aire property minus 1acre that was said to my father who is now deceased.Another guy owns property right next to ours.After 60 years or so I (moved back here in 2010) to now recently discover that the original house we owned was probably built on a piece of his property.(original house burned down some decades ago)We had a trailer moved to same spot for my father before he passed in 2007.I have lived here now since 2010 not aware of the fact until some months ago when the owner of the other property had logged.The guy had an agreement drawn up under "Squatters Rights"asking for a $2500 fee.I have to get the 1 acre where the Trailer is supposed to be on,surveyed, to see where it is supposed to be.
In the agreement it states that I can remain until my time of death.Then it would have to be removed in 30 days and that no other member of my family can live there.What would be your suggestion be by just knowing what I have told you? Thanks,Jerry Small 8/16/16
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Ray replied 2 months ago.

Hi Jerry and welcome to JA. Ray here to help you today.

You will have to resolve this by either paying what they want or more if you want to buy it.You have not lived there long enough to claim it under LA adverse possession.You have to live there adversely for 10 years.Your prior relatives here do not count.The clock resets when you moved onto land and lived on it.


A trespasser’s possession must be:

  1. hostile (against the right of the true owner and without permission)
  2. actual (exercising control over the property)
  3. exclusive (in the possession of the trespasser alone)
  4. open and notorious (using the property as the real owner would, without hiding his or her occupancy), and
  5. continuous for the statutory period (which is ten years in Louisiana under La. Civ. Code art. 3475).

I would try to buy the acre here.Thats the best hing for you, offer or alternatively to trade him another acre from your parcel.The third option is to move the trailer to your property.

These are your options here.

I appreciate the chance to help you today.Thanks again.

Customer: replied 2 months ago.
Ok,Thank You Sir.
Expert:  Ray replied 2 months ago.

You are so welcome.If yu can rate 5 stars it is much appreciated.

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