If you find yourself continually using a private road or driveway, agriculturally developing an unused piece of land, or even living on another person’s land long term, you may be able to lay claim to the property that you are using, developing, or residing on. This is what’s known as “adverse possession” or “squatter’s rights.”
If you believe that you have the right to the title and ownership of a piece of property, talk to our attorney at Ball Law Group today. We provide guidance and representation to individuals in Las Vegas, as well as Summerlin, Henderson, North Las Vegas, and the surrounding areas of Nevada.
Adverse possession is a legal principle that allows you to claim the title and ownership of someone else’s property. The purpose of this principle is to reward the productive use of land that would otherwise be sitting idle. There are two types of adverse possession: intentional and unintentional.
Intentional adverse possession occurs when an individual knowingly trespasses onto another person’s property with the intention of living on it or taking it over. Squatters, for example, typically occupy land illegally in order to lay claim to said land down the line.
There are scenarios in which adverse possession occurs unintentionally. For example, if you built a fence that crosses into your neighbor’s property line, you may be able to become an unintentional adverse possessor of the land encompassed by your fence.
If you have found yourself in a situation where adverse possession may come into play, whether knowingly or accidentally, the next step is to determine if you have a valid claim to property ownership.
In the state of Nevada, individuals striving for title or ownership rights of a piece of neglected property must have occupied said property for at least five years. During that period of time, they must have had color of title and/or paid property taxes. In addition, your occupation of the land must have been:
Hostile: You either made an honest mistake, weren’t aware that the property was private, or were aware of your trespassing.
Actual: You were physically present on the land and treated it as your own.
Open & notorious: You occupied the land in an open and obvious manner.
Exclusive & continuous: You maintained sole possession of the land for an uninterrupted period of time.
If you find each of these above elements to be characteristic of your adverse possession case, you should speak to an attorney as soon as possible to take legal action and claim ownership of the land that is rightfully yours.
Our attorney at Ball Law Group has been dealing with complex real estate litigation issues for nearly two decades. When you’re navigating a nuanced matter like adverse possession, put your trust in a firm that has handled countless cases just like yours. Talk to us today if you are fighting back against a lawsuit brought by a property owner, considering filing a quiet title action, or trying to determine the path forward that best fits your unique situation.
From our office in Las Vegas, Nevada, we represent people in the surrounding areas, including Summerlin, Henderson, and North Las Vegas. Let’s work together to seek solutions—schedule an initial consultation now.
Have you found yourself in a situation where you may have a claim to ownership of another person’s property? Reach out to Ball Law Group today to discuss your options. Our legal professional has been serving the real estate litigation needs of Nevadans since 2003, and he is prepared to put that extensive experience to work for you.