Legal Question in Real Estate Law in New Jersey
Neighbor's parking on our property
Our neighbor has his parking area partially on our property, it is built up with a retaining wall and has been there since we purchased our property, which was about 8 years ago. Someone recently told us that if we don't ask him to move this within a certain amount of time, that part of the property in question will become his. Is this true? And what do we need to do to stop this from happening?
2 Answers from Attorneys
Re: Neighbor's parking on our property
i have read what the other lawyer wrote, and the basic idea is correct: if your neighbor takes over use of a piece of your property without permission and in a way that is clearly visible, then you are at risk.
Consult an attorney near you who handles real estate; you should be able to make a short and simple solution work, I would think.
If you would like, give me a call; I am in Hackensack (northern New Jersey). I will be happy to discuss
this with you; a brief telephone consultation will be free.
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Re: Neighbor's parking on our property
As a general rule "adverse posession" without permission can cause ownership of property to change hands.
If you grant permission to use the property then it is not adverse.
� 2A:14-30. 30 years' possession of real estate, except woodlands or uncultivated tracts, and 60 years' possession of woodlands or uncultivated tracts however commenced or continued
Thirty years' actual possession of any real estate excepting woodlands or uncultivated tracts, and 60 years' actual possession of woodlands or uncultivated tracts, uninterruptedly continued by occupancy, descent, conveyance or otherwise, shall, in whatever way or manner such possession might have commenced or have been continued, vest a full and complete right and title in every actual possessor or occupier of such real estate, woodlands or uncultivated tracts, and shall be a good and sufficient bar to all claims that may be made or actions commenced by any person whatsoever for the recovery of any such real estate, woodlands or uncultivated tracts.
N.J. Stat. � 2A:14-30
If the period of adverse posession is less than 30 years then you will likely be able to protect your property interest.