Legal Question in Real Estate Law in Arkansas

property by adverse ownership
Our house and attached deck have been standing since 1973. Approx. 3 years ago, our neighbors purchased and built their house on the lot adjoining our house next to our deck. Approx. 4-6 months ago our neighbors commented that our deck was encroaching their property by approx. 2-4 feet. No other comment was made other than we advised that our deck had been there since the house was built in 1973. Today they are threatening to petition our local surburban improvement committee if we don't remove or shorten the deck. I don't presently have income and wonder if there are ''adverse ownership'' laws in Arkansas that would protect me and save me expenses incurred in a suit? Can anyone offer advise without costs. I am not prepared at this time, it is a very inoportune time for me and my wife for this to come up at this time! We don't live in an incorporated community. We live in a surburban improvement district in Northwes Arkansas called Holiday Island. We do have a Chamber of Commerce.

Asked on 5/31/08, 7:13 pm

2 Answers from Attorneys

Brandon Moffitt Moffitt & Phillips, PLLC

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Re: property by adverse ownership

If your deck has been on the property since 1973 then you have most likely obtained title to the land by adverse possession. Adverse possession cases are very fact dependent and an attorney would need to speak to you directly before he could offer a qualified opinion on your case.

However, you will likely need to file suit against your neighbors to "quiet title" and then your deed will be reformed to reflect your ownership of the land at issue.

Answered on 6/01/08, 5:07 pm

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