Used The Land 30 Years

Expert, localized Los Angeles answers provided by Heather Roy

Used The Land 30 Years
	Dear Edith: How does one go about filing for ownership of land one has enjoyed for 30 years? My relative and two other homes next to his have gardened and used about 120 feet of land behind their back lots.They would like to claim this land formally as they have openly cared for and grown vegetables every year. I suppose an attorney is needed, but is there a form one can fill out and petition the court for the transfer?

	It sounds as if your relatives may meet some of the requirements for gaining title by adverse possession.Openly using the land for a long time (the number of years varies by state) is certainly one qualification. In addition, the use must have been without the owner's permission or objection. Actually persuading a court to award legal title, though, can be difficult.You don't say where the land is located, and individual states have differing requirements.Sometimes the claimants must have been paying property taxes on the land. Sometimes they must prove they believed "in good faith" that the land was theirs. And if the land is owned by a government, they can't claim adverse possession at all. Their first step is to consult a lawyer who specializes in real estate.
	Edith Originally published on May 1, 2005

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