How to Avoid Adverse Possession
Build a fence or wall., Put up signs., Monitor your property regularly., Consider implementing additional security measures.
Step-by-Step Guide
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Step 1: Build a fence or wall.
If possible, installing a perimeter fence or wall around your entire property can help keep others out and also demonstrate to a court of law, in the event of a claim of adverse possession, that you did not acquiesce to the other person's use of your property.If you're unsure about the boundaries of your property, make sure you get a survey done before you put up a perimeter fence.
On the other hand, if you're simply fencing off an area that you know to be within your property, or installing a gate to block access, a survey may not be necessary.
You do, however, need to search property records to make sure there isn't an existing easement that requires access to your property.
An easement is a limitation or restriction on your absolute property rights, and you generally aren't allowed to interfere with it. -
Step 2: Put up signs.
Signs declaring "Private Property" or "No Trespassing" put others on notice that they are in a place where they are not permitted on land they have no right to use.
These signs also provide blanket protection you can use to avoid an adverse possession claim.You can buy signs at your local home improvement store that will suit the purpose.
Signs are especially handy if there's a portion of your property that is regularly used, or that you suspect others aren't aware is private property.
For example, if your house abuts a lake, you may want to put up signs on the shore of the lake around the portion of the lake shore that is part of your property.
This puts anyone on notice that they are trespassing, since it's difficult if not impossible to fence off a lakefront.
A sign won't do anything to prevent people from trespassing on your property, but it can serve as a deterrent.
However, keep in mind that someone attempting to establish an adverse possession claim typically will not be deterred by any signs.
Part of the requirements for adverse possession is that the claim be "hostile," meaning that the person is asserting a claim to use the property that conflicts with yours.
At the same time, to succeed in an adverse possession claim the person must show that you knew about their presence and use of your property and did nothing about it.
A posted sign can help defeat that. , Particularly if you have a large expanse of undeveloped property, it should be walked by people who know how to spot signs that someone is potentially using the property without permission.Look for well-worn foot paths, the remains of a campfire, or garbage.
These are signs that someone is frequently using the property.
If you have a fence around all or part of your property, it should frequently be inspected for any holes or damage.
If a breach is discovered, repair it quickly.
Take a camera with you when you walk your property, and carefully photograph any evidence of trespassing you find before you remove any garbage or debris. , Lights, alarms, and motion detectors can be used to further secure your property if you are having continual problems with people using it without your permission.Floodlights used in combination with motion detectors can be a good way to deter people from your property, especially if they're sneaking on at night.
When the light comes on, they know they are visible, and may move somewhere else to avoid further detection.
Alarm systems may not be a cost effective solution for a large tract of undeveloped land, but can be beneficial in or around structures, regardless of whether the building is regularly inhabited.
If you know someone is using your property, you also might want to install security cameras in the places where they frequent or the location you've identified as their entry point onto your property.
Keep in mind that booby traps and other mechanical anti-trespassing devices are illegal in all states. -
Step 3: Monitor your property regularly.
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Step 4: Consider implementing additional security measures.
Detailed Guide
If possible, installing a perimeter fence or wall around your entire property can help keep others out and also demonstrate to a court of law, in the event of a claim of adverse possession, that you did not acquiesce to the other person's use of your property.If you're unsure about the boundaries of your property, make sure you get a survey done before you put up a perimeter fence.
On the other hand, if you're simply fencing off an area that you know to be within your property, or installing a gate to block access, a survey may not be necessary.
You do, however, need to search property records to make sure there isn't an existing easement that requires access to your property.
An easement is a limitation or restriction on your absolute property rights, and you generally aren't allowed to interfere with it.
Signs declaring "Private Property" or "No Trespassing" put others on notice that they are in a place where they are not permitted on land they have no right to use.
These signs also provide blanket protection you can use to avoid an adverse possession claim.You can buy signs at your local home improvement store that will suit the purpose.
Signs are especially handy if there's a portion of your property that is regularly used, or that you suspect others aren't aware is private property.
For example, if your house abuts a lake, you may want to put up signs on the shore of the lake around the portion of the lake shore that is part of your property.
This puts anyone on notice that they are trespassing, since it's difficult if not impossible to fence off a lakefront.
A sign won't do anything to prevent people from trespassing on your property, but it can serve as a deterrent.
However, keep in mind that someone attempting to establish an adverse possession claim typically will not be deterred by any signs.
Part of the requirements for adverse possession is that the claim be "hostile," meaning that the person is asserting a claim to use the property that conflicts with yours.
At the same time, to succeed in an adverse possession claim the person must show that you knew about their presence and use of your property and did nothing about it.
A posted sign can help defeat that. , Particularly if you have a large expanse of undeveloped property, it should be walked by people who know how to spot signs that someone is potentially using the property without permission.Look for well-worn foot paths, the remains of a campfire, or garbage.
These are signs that someone is frequently using the property.
If you have a fence around all or part of your property, it should frequently be inspected for any holes or damage.
If a breach is discovered, repair it quickly.
Take a camera with you when you walk your property, and carefully photograph any evidence of trespassing you find before you remove any garbage or debris. , Lights, alarms, and motion detectors can be used to further secure your property if you are having continual problems with people using it without your permission.Floodlights used in combination with motion detectors can be a good way to deter people from your property, especially if they're sneaking on at night.
When the light comes on, they know they are visible, and may move somewhere else to avoid further detection.
Alarm systems may not be a cost effective solution for a large tract of undeveloped land, but can be beneficial in or around structures, regardless of whether the building is regularly inhabited.
If you know someone is using your property, you also might want to install security cameras in the places where they frequent or the location you've identified as their entry point onto your property.
Keep in mind that booby traps and other mechanical anti-trespassing devices are illegal in all states.
About the Author
Nathan Jordan
Professional writer focused on creating easy-to-follow DIY projects tutorials.
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