Legal Question in Civil Litigation in Arkansas

Re: Property Encroachment

Have you been paying the taxes on the property? Does the other person know they are on your property?

Most likely, you do still own the property. However, if the other person has been paying taxes on the property during the past 7 consecutive years, he might be able to claim ownership by adverse possession. This involves several other elements of ownership and use that I could go over in more details and will do so if you need me to do so.

You need to assert your rights in some way to this property if you believe this person may possibly claim this property. You could inform this person they are on your property and they should move or pay rent. Or, you could have them sign a document that says that you are allowing them to use the property. Then you could charge them for the use or let them use it for free. But, the property would remain yours. An attorney could prepare a simple paper to verify your ownership of this 50 feet of property that could be done cheaply and hopefully, without causing any dissension with the neighbor. You should contact an attorney with more details of this situation and let him give you a more complete evaluation. Some attorneys will make such an evaluation for no cost. But you should do so soon.