Question on how to deal with potential adverse possession.

One of the homeowners in our HOA is maintaining some of the common ground adjacent to his property that belongs to the HOA. If the HOA give him permission to continue can we avoid his claiming of the land under adverse possession?

Asked on July 5, 2009 under Real Estate Law, Delaware


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I'm not a Delaware attorney, but in most states, by having the HOA expressly (in writing) give the homeowner permission to do this, without prejudice to the HOA's ownership, it eliminates an adverse possession claim.  The law in most places requires adverse possession to be "hostile", asserting a claim to sole possession against all others, and the letter would eliminate that.

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