Legal Question in Real Estate Law in Virginia

Adverse Possession of Commercial Property

I have lived in my home for three years. For the past two years, I have cared for a small area adjacent to my property since,by it's location, it appears to be my property. I have removed tree stumps, kept the area mowed and planted a flower bed and shrubs.

The parcel is commercial property that is unused by the business but customers continuously pass by the area.

Do the rules of adverse possession apply? The owner knows what I have done and has thanked me for the improvements.


Asked on 7/19/06, 1:25 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Adverse Possession of Commercial Property

Have you told the owner that you intend to assert a legal claim against his property in around 12 years?

Sounds to me like he's given you permission to do what you've been doing and, therefore, you can forget about claiming the land by way of adverse possession.

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Answered on 7/20/06, 10:41 am


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