Are all structures on property legally mine?

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Are all structures on property legally mine?

I own one acre of land. My niece owns one acre adjoining mine. Just found out (from aerial photo) that her mobile home and well are on my property. She’s been there since early 1980’s. Because they are on my land, do I have right of access to well? Can I sell the land if her structures are on it? Thank you.

Asked on June 29, 2009 under Real Estate Law, Florida

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am a lawyer in CT and practice in this area of the law.  In most states there is something called adverse possession.  This common law permits someone to obtain possession to land is they have occupies it openly, continuously, against the owner's interests for at least 15 uninterupted  years.  It seems like your relative has met these elements and may  object to forcing her to move.  Infact, she may be able to get a judge to give her possession of the land.  I suggest locating a lawyer to get more details from you and decide whether you can successfully file a action to quiet title.


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