# The law of adverse possession



## GBov (May 4, 2008)

We just heard about this law and in reading about it and talking with my family, one question keeps cropping up.

In everything we have read they say "Once you have obtained the key....."

Well, what we were asking ourselves - after quite a funny conversation on how many ways one could actually get a key - was how on earth does one get a key from a bank owned property and start "squatting"?

Not that we are going to go that rout, we were just interested in how y'all thought a key might be got?


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## ||Downhome|| (Jan 12, 2009)

change the locks or have a lock smith make you one.

most keys are not serialized. a serial number would be one way to prove a authorized and original key.

just the two things above can through suspicion on the validity of a key.

But you still have to prove its not the original or a copy. 

that's where a serial number would help.

though I don't see how gaining access would open the doors to adverse possession.
Most place you have to have to be "open and notorious" for a some of years.
The minuet I found you on my property, I would have you ejected by law enforcement.
If that course of events failed I would have you evicted by the court.
then have the law enforcement handle the order.


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## GBov (May 4, 2008)

From my reading of it, you first have to fine a house with no clear title. So a bank owned property that cant prove clear title. Thousands upon thousands of titles have been bundled and sold and re-sold and banks have failed and what nots that titles are floating about all over the world. 

So no house with a true owner.

We were just perplexed at to the key thing - lol.


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## Evons hubby (Oct 3, 2005)

GBov said:


> From my reading of it, you first have to fine a house with no clear title. So a bank owned property that cant prove clear title. Thousands upon thousands of titles have been bundled and sold and re-sold and banks have failed and what nots that titles are floating about all over the world.
> 
> So no house with a true owner.
> 
> We were just perplexed at to the key thing - lol.


If you obtain a key... legitimately from the bank... that in itself will corrupt the adverse possession process. they will essentially have given you their consent to occupy the house.. In order to ever claim title to a property via adverse possession you must NOT have the banks permission to occupy the property. Adverse possession, while legal is a tricky business, and difficult to do in reality.


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## SCRancher (Jan 11, 2011)

As another has said - you must occupy it for a (large) number of years - I'm pretty sure where I live it's 20 years - it's a state thing so you would need to know what the state laws are.

So if someone builds a fence on your property - have them move it - OR give them permission - in writing - that's it's OK until you decide it's not OK. Remember it has to be adverse possession so as soon as the owner gives you permission it's no longer adverse.


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## lwheelr (Dec 2, 2010)

Two other conditions generally need to be met:

The owner HAS to know about it. If they do not, it is not adverse possession, merely possession.

They have to have contested your occupancy in one way or another, and you have to have successfully resisted. Otherwise, it is not adverse possession - that is what the "adverse" part refers to - being contested, and retaining possession against the will of the rightful owner.

So if someone builds a fence on your property and you tell them to move it, and they don't, then that IS adverse possession.

If you DON'T tell them to remove it, it is not. 

My aunt built a "duck pond" on a neighbor's property. He told her to remove it. She refused. He destroyed it, and she rebuilt it, and said she'd prove adverse possession and get that bit of land (it was like 10 square feet, and she was a silly woman). He said forget it, you'll die before I do anyway, so go ahead and keep letting your ducks swim on my property. No adverse possession, and in this case, no harm either.

But he could also have just fenced it off, and if she damaged the fence, he could have taken her to court for vandalism, and end of story for her.

I think it could never work with a bank, because they KNOW how to remove squatters and you'd be out on your ear with no recourse.


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## fordy (Sep 13, 2003)

......................There have been several cases of this situation in the DFW area , Except some of these crooks have been having all the locks removed and new locks installed ! What they were really doing was creating a cloud over the title and then trying too EXtort several thousand bucks from the real owner who was trying to retrieve their home out of Forclosure . I believe the last judges ruling finally put a stop too this situation . , fordy


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