Thread: Rights
View Single Post
Old 07-31-2019, 07:05 PM   #85
Senior Member
Major's Avatar
Join Date: May 2013
Location: Laconia
Posts: 528
Thanks: 187
Thanked 332 Times in 154 Posts

Originally Posted by Not to Worry View Post
Some friends of ours allowed their neighbor (neighbor B) to dock their boat at their dock. It was agreeable and they were friends as well. It was always clear that the dock was on neighbors A's side of the property line and had paid for and installed the dock. Neighbors B (who used friends dock) sells house and then dies. Neighbor A also dies and leaves dock and house to family. Yes, they were older folk.

Still following? Neighbor C who bought house from neighbor B now claims he owns the dock that is on Neighbors A's land. Adverse possession is the claim and they are headed to court. Meanwhile neighbors C uses the dock as he pleases.

I know it will cost a lot of money to fight it out and if neighbor C can prove adverse possession he may win the dock.

Just goes to show you no good deed ever goes unpunished.
I’m going from my bad memory from law school but adverse possession requires that the use must be hostile. This doesn’t seem to be the case. Also, the possession must be for 20 years. I’m not sure whether this requirement is met. Finally, a new owner cannot tack on to the prior owner’s use. Again, I’m not sure whether this applies.

The lack of hostile possession seems to be the key.

Sent from my iPhone using Tapatalk
Major is offline   Reply With Quote