After so many years of using a neighbors land with their knowledge, do I have any rights to it?

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After so many years of using a neighbors land with their knowledge, do I have any rights to it?

I have parked my vehicle on my neighbors land is the only place to park around my house for several years and they knew about it, do I have any rights to that land now? Because they are now wanting me to stop parking there, and like I said, it is the only place to park and they know it.

Asked on April 26, 2012 under Real Estate Law, Virginia

Answers:

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

Answered 9 years ago | Contributor

In order to have a claim of adverse possession to your neighbor's land, you will need to satisfy all of the following requirements:  Your use of your neighbor's land is continuous, hostile, open, notorious, and actual for the statutory period, which in Virginia is fifteen years.

Continuous means continuous use of the property.  If there is more than one user, they can add their time of using the property, which is called tacking, to satisfy the statutory period of fifteen years.  Hostile means in derogation of the true owner's rights. Open and notorious means the rightful owner knew of your adverse use of the property.  Actual means actual use of the property.  If you satisfy all of these requirements for fifteen years, you have a claim of adverse possession to your neighbor's property.


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