I live in a subdivision in Tennessee and have for 14 yrs. There was originally a lot sold behind us with an access going between our driveway and the neighbors
house. The lot was originally sold but the developer asked the person who purchased it to trade for another lot because he wanted to trade the lot behind our house with the county. We have lived there for 14 yrs. We have been under the impression for 10-12 yrs that the lot had been traded for county land and that there would never be a house behind us. We have maintained the access and planted trees etc for 14 yrs. We have someone interested to purchase our house however they are scared someone will build behind the house. Someone has mentioned adverse possession to us. Is this something that would apply in our case? Thank You
JA: Because real estate
law varies from place to place, can you tell me what state this is in?
JA: Has any paperwork been filed?
Customer: No we just found out through the potential purchasers that the property had not been traded 10-12 yrs ago. My husband approached the developer and he confirmed and said he may still trade or sell..not in a hurry. Found out today through a survey
that our driveway is over the easement
in question by 5' so we are going to have to do something
JA: Anything else you want the lawyer to know before I connect you?
Customer: No just I'm sure he can't do anything about our driveway being over by 5' since it has been there 14 yrs. Do we need to file something and can we claim the rest of the access through adverse possession since we were unaware he owned it for 10-12 yrs even though my husband approached him recently which acknowledged we knew he owned