Legal Question in Real Estate Law in Virginia

How to aquire property through adverse possession.
We have lived in our home for 16+ years. There is a strip of grass filled property bordering the rear of ours that was the driveway for the original owners of the property our community was built on. This strip of land extends behind 9 houses. In our case, it is about a 15' by 90' section. The back of our property opens into the community field of our neighborhood which is run by a homeowner's association. We have maintained this strip of property (mowing, clearing branches from the pine trees, etc,) and use this property as a cut through to get to the park and pool behind our house. We have continually asked the association to maintain this property to no avail. We have recently learned this property (contrary to what the association says) is actually owned by a land partnership. Since we have continually, notoriously, and hostily ''poss- essed'' this land for more than 15 years, what steps do we need to take to aquire this land for our own? We'd like to put up a fence and want to try to get this additional property first since we have to go through an application process with our homeowner's association. Thank you for your anticipated response.

Asked on 2/08/06, 12:12 pm

1 Answer from Attorneys

Robert Strupp Robert J. Strupp,Attorney at Law, PLC

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Re: How to aquire property through adverse possession.

Good Afternoon,

I'm not sure you meet the adverse possession test of continuous, notorious, hostile possession since you have not used the property under a "claim of right". You have sought to have the HOA maintain this property. Have you located the representatives of the land partnership? Who has paid taxes on this strip all these years? This parcel may have been abandoned & the HOA, the County, or another entity might be the owner today. Has a title search been done?

Robert J. Strupp

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Answered on 2/08/06, 12:22 pm

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