Adverse possession between new owners I purchased my property in 2016. My current neighbor purchased his in 2019. The current fence between our properties had been installed some time ago, presumably by the respective previous owners. I want to install a new fence along the correct property line, which would allow me to slightly expand my lot. I had a survey done confirming the location of the property line. Current owner is opposed to moving the fence, since it would disadvantage him. Adverse possession in my area is 15 years. Can the current owner make a successful claim of adverse possession on the fact that the fence likely existing like this for more than 15 years between the previous owners?
united-states Can the current owner make a successful claim of adverse possession on the fact that the fence likely existing like this for more than 15 years between the previous owners? Yes. This is called &quot;tacking&quot;. Everyone in the current owners' chain of title is considered for purposes of an adverse possession period. If a preponderance of the evidence (or other burden of proof established under state law which varies from state to state) establishes that the fence is more than fifteen years old when the adverse possession/quiet title lawsuit is commenced, the adverse possession claim will probably prevail.
on behalf means that the party of the agreement is the landlord, not the property manager. The contract both entitles and obliges the landlord, not the property manager. The property manager is not a party of the contract. So the fact that the property manager is fired completely unrelated to the existing contract. Additionally, in most jurisdictions that I know of, even if the property changed ownership (the landlord sold or gifted it, or the landlord died and it was inherited by someone) the contract would still be in force, as the change of situations would not invalidated the rights and obligations of the other parties.
It is not forgery to modify a signed document if you clearly indicate the date and nature of the changes, but the landlord could retain and rely on the original version, whoch would be to your disadvantage. I would suggest writing and signing a letter in which you acknowledge receipt of the condition from, and indicate that you know that it must be filled out, signed and returned within 15 days after your move-in date. That should deal with the landlord's legitimate concerns. Or you could write on the condition form "no inspection has been made as of {date}" and return it with that notation, which should protect you, retaining an unsigned copy for later use.
The question for trespassing is whether the trespasser has been adequately notified of the possession interest that another person has in the property. Although it is legal to evangelize door-to-door without a permit, most jurisdictions will require you to leave promptly if the owner asks you to leave. In the absence of such verbal requests, you have a legally protected interest in engaging in conversation with your neighbors. Based on the law as I understand it, it is likely that your jurisdiction will recognize a right to proselytize to your neighbors door-to-door regardless of a no trespassing or private property sign. However, for the sake of certainty, here’s a little bit about trespass law. Typically, states have statutes that define what it takes to make a sign “conspicuous” enough to create grounds for prosecution. Such laws include specifications for the thickness of markings and the sign’s distance from the ground. Arkansas statutes have established that a person who enters or remains unlawfully on property has committed trespass, which means that the person must enter or remain in or upon the premises when not licensed or privileged to enter or remain in or upon the premises. Communication is key. Arkansas law provides that if the property is unimproved and apparently unused, and is not fenced or otherwise “enclosed in a manner designed to exclude an intruder,” the person entering the property does so with license and privilege. Generally, however, if a person unlawfully enters property that has been improved, he has trespassed regardless of a sign on the premises devoid of some religious purpose for his visit. Thus, there really is not a significant difference between the “No Trespassing” sign and the “Private Property” sign. Both would communicate to any potential intruder that the property he is about to enter is presently being possessed by another person and thus would likely be sufficient to provide grounds for claiming notice in court if a property owner should choose to bring a suit.
Unfortunately for you, the insurance company is right. Even with the rise of modern consumer protection law, caveat emptor ("Let the buyer beware") still largely applies to real estate transactions. Exceptions are where the building is new (not applicable), the seller gave a specific warranty (unlikely) or the seller deliberately concealed the defect (not applicable). If, as you say, the damage was "completely hidden" it is unlikely that your building inspector was negligent or breached their contract so you cannot recover from them. Sadly, this is at your cost. Your insurer may be liable but that would depend on the terms of your insurance policy.
I don't have enough to comment but I know where I live it's the landlords responsibility to take care of mold. That being said, if it is mold caused by negligence of the tenant e.g. always leaving the window open in the rain or something, then the landlord can claim compensation. Where I live the landlord keeps some of the damage deposit he must prove to the tenant why he did so within a months time of when he was supposed to return the damage deposit. For example if it cost him $200 to repair damage done by the mold, he must return the rest of the damage deposit and a letter explaining why $200 was kept, and the receipts. Where do you live? The laws really do very greatly from region to region. It has been my observation that it's not that uncommon for landlords to try and sneak something into the lease that isn't really allowed by law.
The term originated in Anglo-Norman legal usage in the 14th C., and advers (that spelling) has the meaning "acting against or in opposition (to someone or something); opposing, antagonistic, actively hostile". It is often used in "adverse party" (and related spellings) meaning "the opposing party". The specific collocation "adverse possession" meaning "possession against (the interest of a person)" seems to be attested from 1776 in Contin. Comyn's Digest Laws Eng. "Twenty years adverse possession in defendant, takes away plantiff's right of possession".
user662852 has a good point -- whoever own the property has the right to make the rules. Is the property, land+construction in fact your's or does it belong to the HOA who just grant you access as a lease holder? Different states has different rules, but in my state it is illegal to maroon a property and there must be a access to public streets even when this necessitate passing over somebody else land. However that is irrelevant if the HOA owns the land your house is build on. I think you will have to look at your HOA agreement and see what it says.