Can I claim squatters right?

UPDATED: Sep 30, 2022

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Can I claim squatters right?

My late grandma owns a piece of land and we
move a mobile home on it 15 years ago, my
neighbor is now saying he owns the land and is
getting it surveyed after 30 year. There is a
creek seperating our properties. My grandma
always said she own to the creek. The
neighbor is saying he owns across the creek
and the land my mobile home sitting on. If his
survey says he owns it will I have to get off the
land or would they could I do squatters right?
What would be the best thing I could do?

Asked on March 1, 2016 under Real Estate Law, Kentucky


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You may be able to claim the land that your mobile home sits on under the legal doctrine of "adverse possession" (that's the correct term--not "squatter's rights). In your state, to make an adverse possesion claim, you must--
* actually occupy land
* in an obvious way (so the true owner(s) can tell you're occupying it)
* for at least 15 years
* and your claim must be "hostile" to the true owner's claim--basically, you are not there with any sort of permission to be there, but because you either believe the land is yours or are intending to assert a claim over it. 
d on what you write, you may fulfill these requirements, though the fact that you thought it was your grandma's land (and not your own) may complicate matters. Still, you have described a strong enough claim that it would be well worth it to consult with a real estate attorney about your rights in more detail.
Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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