Adverse Possession

There is a great story in the paper today about adverse possession. It should be carefully noted by associations to protect their rights to common elements.

http://www.hometownannapolis.com/cgi-bin/read/2008/11_02-29/CAN

"The legal battle, which began in August 2003 and expanded in 2006 to include every property owner in Hillsmere, centers on a legal theory known as "adverse possession." If someone has used and maintained a piece of property exclusively for 20 years, he can claim it, arguing the listed owners have neglected it.

"Circuit Court Judge Michael E. Loney in 2007 sided with the five residents. He said they had "continuously, openly and notoriously" possessed the property for more than 20 years.

""We agree with the Circuit Court. Adverse possession of real property is achieved by occupying it for the statutory period, not by the recordation of a deed or plat in the county land records," the opinion states.

""Accordingly, we conclude that the provisions of the county code do not limit appellees' ability to obtain title to the disputed properties by adverse possession.""

We have several 30 ft. wide outlots scattered all around the subdivision that border our canal system. We have stated in the bylaws that no member can claim adverse possession on any Association property. Trouble is, some people have gardens, rocks, fences, and have even blacktopped over parts of these outlots that border their property. The board has failed all these years to identify and properly maintain these outlots.

Should be intersting if push comes to shove some day.

For a state by state listing of the time frames involved for adverse possession see: http://www.houselist.com/forms/que/advposs.htm

I would not trust the bylaws to protect you from adverse possession. And the thing is that they certainly won't help should someone not on the deed claim the possession.

Many times here people have talked about excluding a spouse not on the deed from serving in office on the theory that they do not belong to the association. If that carries forward, then the spouse would not be a party to the contract. And thus said spouse could claim adverse possession. If the rules can be used to exclude the spouse from office, they then can not claim to have a contract to prevent adverse possession.

Now in Texas, there is actually an easy way to stop adverse possession even while allowing someone to use the land. You simply grant them permission to use the land. If I use land under permission then I never will have a claim to adverse possession.