Can I file a petition myself for an adverse possession?

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Can I file a petition myself for an adverse possession?

Do I need a Lawyer to file the petition?

Asked on August 14, 2015 under Real Estate Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, you do not need an attorney: as long as you are seeking adverse possession for yourself (i.e. not for a spouse, sibling, parent, etc.), you can file it yourself. Any person can represent him/herself in court; the only rule is that non-attorneys may not represent or otherwise bring or defend a legal action for another person. That said, adverse possession is not necessarily straightforward or easy, and you will likely need to analyze, understand, and cite case law; you would be well-advised to retain an attorney to help you.


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