If a telecommunications company placed equipment on my property through encroachment 20 years ago, but replaced the original equipment with a newer model, does the time period for obtaining an easement by adverse possession start over?

I noticed that two boxes installed by a major communications company appeared to
be encroaching onto my property. When the company was contacted, they had a
survey done and admitted that they are indeed encroaching. They claimed one box
was there since 1988 and the other since 2008. When looking at Google Maps which
dates back to 2007, the claimed box that was there since 1988 is different from
the one pictured back in 2007. Hope this bit of information helps you.

Asked on March 30, 2017 under Real Estate Law, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The time period for adverse possession does NOT start over because a new model replaced the original model of the equipment. The same entity is on your property.  If different entities had been on your property, their time is cumulative for adverse possession.  The time doesn't start over.


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