Legal Question in Real Estate Law in New Jersey

I live in NJ and want to move into a home that has been foreclosed on and vacant for over 7yrs. Will i be protected under the Adverse Possession Law?


Asked on 3/27/16, 7:01 pm

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

Not for many years and depending on the nature of your occupancy. You can't rely on adverse possession. There is a legal owner of the property and you would be squatting.

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Answered on 3/27/16, 8:41 pm
John Corbett Corbett Law Firm LLC

You would be a trespasser and remain a trespasser. The adverse possession laws, in some circumstances and after many years have passed, provide that a possessor of real property can acquire ownership rights. One requirement is that the possession is "under claim of right". That is, the adverse possessor must actually believe or have reason to believe that they are the real owner of the property. Since you know that the property is not yours, it can never become yours by adverse possession.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 3/28/16, 7:20 am


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