07-18-2011, 09:31 AM
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It's 42
Industry Role:
Join Date: Jun 2010
Location: Global
Posts: 18,083
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Yeah, it's possible but you would need a court decree and that is not so easy to prove the adverse possession exists ...
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The elements of adverse possession in *this state* are: actual, visible, open, notorious, exclusive, and uninterrupted possession of the property that was hostile to the owner and under cover of a claim of right for a fifteen-year period. Rozmarek v Plamondon, 419 *this state* 287, 295; 351 NW2d 558 (1984). It is possible to gain a prescriptive easement, also, the elements of which are the same except for exclusivity (it's not necessary for the use by the person claiming the easement to have been exclusive). **Community Crier, Inc v Prose, 242 *this state* App 676, 679; 619 NW2d 725 (2000).
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Proof of cumulative time in possession by successive persons is also possible. **not legal advice offered for discussion purposes only |
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