Preventing Adverse Possession
Adverse possession is a legal term that applies when an individual gains legal possession of your property after trespassing on and occupying it for a certain amount of time. Circumstances that lead to adverse possession are usually unique and vary quite a bit; however, there are four common elements that courts consider when determining whether or not to grant adverse possession. Before reaching a verdict, the judge will determine whether the occupation of the land was hostile, actual, open and notorious, and exclusive and continuous for a certain amount of time. If all of these circumstances are confirmed, the trespasser may in fact qualify for adverse possession. At Gagnon, Peacock & Vereeke, P.C., our attorneys dedicate themselves to fighting for the rights of landowners faced with adverse possession.
While every adverse possession case has its own set of unique circumstances, one of the easiest ways to protect your property and prevent this type of invasion is to make it known that you own the land in question. A few ways to do this are as follows:
- Post “no trespassing” signs and install fences around the borders of your land.
- If an individual wants to use your land and you agree to this, give consent and obtain their acknowledgment in writing.
- Offer to draw up a rental contract for the property.
- Call the police to remove the trespasser from your property.
While such practices help protect your land from invasion, trespassers may still be able to obtain adverse possession in some cases. This is why it is in your best interest to contact an attorney right away if you are dealing with a long-term trespasser.
Contact a Dallas Real Estate Attorney Today
As a landowner, you have a right to protect your property from invaders who are trying to take it from you. Call the Dallas/Fort Worth attorneys of Gagnon, Peacock & Vereeke, P.C., today at (214) 317-4448 to set up a meeting with a qualified real estate attorney who can represent you if you are facing the adverse possession of your property.