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How to file a Adverse Possession Claim in New Jersey

What proof is needed to...
What proof is needed to add Tacking on to an adverse possession claim in NJ
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Answered in 20 minutes by:
9/14/2007
J D Haas
J D Haas, Lawyer (JD)
Category: Legal
Satisfied Customers: 2,998
Experience: 21 years as a serious injury/wrongful death trial lawyer; nationally board certified; 43 jury trials
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http://www.njleg.state.nj.us/2006/Bills/S2000/1868_I1.HTM gives a nice summary of current NJ adverse possession and a proposed legal change to shorten the time period.

Here is a NYT article that gives good information: http://query.nytimes.com/gst/fullpage.html?res=9E06E3DF153EF930A15751C1A9679C8B63

Here is a law firm summary including "tacking": http://www.meislik.com/main/cases/summary_mostrecent/2255/

Based on this research, the tacking must be of the same quality as the facts leading to "open and obvious" adverse possession. Tacking will be allowed if the facts leading to the adverse possession claim are equally as strong.

I have seen the recommendation of a real estate litigator being necessary in these cases, one who has experience in adverse possession litigation in NJ. That would be my recommendation to you. I hope this helps.

I really appreciate positive feedback.

In the future, you can specifically request that I work with you on your legal question.

Please be aware that my answer is not legal advice, it is merely information. You and I have not entered into an attorney/client relationship. The only way that I am legally responsible for your legal rights is if you have signed a written retainer agreement with my law firm.



J D Haas
J D Haas, Lawyer (JD)
Category: Legal
Satisfied Customers: 2,998
Experience: 21 years as a serious injury/wrongful death trial lawyer; nationally board certified; 43 jury trials
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J D Haas and 87 other Legal Specialists are ready to help you
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Customer reply replied 10 years ago
Thanks for your quick reply. I have been researching AP for a long time. I have read most of the information on line already including several decisions which include tacking. What I was hoping for was a legal opinion as to "specifically" what constitutes "proof" of tacking, i.e. written documents from other neighbor witnesses, photographic records? I'm confient that my use of the land qualifies for AP, however I need clarification on what constitutes acceptible proof before I file. What will the courts accept as proof that the land in question was used in the same way as it is now, and be accepted as "tacked".
Thanks.
One of the cases I read discussed that the proof of tacking must be qualitatively as good as the ap claim. That case talked about the quality of the fence used to define the land. In your case, photographs would help, signed statements by neighbors would help, neighbor testimony would help, and any other documentation that shows that you fulfilled the ap requirements. I hope this helps.

I really appreciate positive feedback.

In the future, you can specifically request that I work with you on your legal question.

Please be aware that my answer is not legal advice, it is merely information. You and I have not entered into an attorney/client relationship. The only way that I am legally responsible for your legal rights is if you have signed a written retainer agreement with my law firm.

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Customer reply replied 10 years ago
I'm ready to accept your answer and leave a positive feedback. Although it is a good answer, it is information I already know.
If you were handling a case of AP which required tacking, what proof would you require your client to have? Any other types of proof that you can suggest would be appreciated.

Thanks again!
Photographs of the property over time showing ap; dated photographs showing ap; long-time neighbors testifying as to ap; tax records showing payments over time for the contested property; evidence that shows the contesting owner did not control the property during that time period; photos of the improvements made over time--photos 5 years ago, 10 years ago, etc.; aerial photographs of the contested area from 5 years ago, 10, 20, etc.
That is all I can think of now. Good luck and thanks.

I really appreciate positive feedback.

In the future, you can specifically request that I work with you on your legal question.

Please be aware that my answer is not legal advice, it is merely information. You and I have not entered into an attorney/client relationship. The only way that I am legally responsible for your legal rights is if you have signed a written retainer agreement with my law firm.

Ask Your Own Legal Question
Customer reply replied 10 years ago
Thank you very much!
You are welcome. Best wishes and good luck.
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J D Haas
J D Haas
J D Haas, Lawyer (JD)
Category: Legal
Satisfied Customers: 2,998
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Experience: 21 years as a serious injury/wrongful death trial lawyer; nationally board certified; 43 jury trials

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