Boundary Lines & Adverse Possession

Boundary lines are important since they accurately describe the property you own or are purchasing. When you are buying a home or other piece of property, it is important to have a survey done to determine the property boundary lines. Fences or buildings could be mislocated over your property and interfere with your property lines and ownership.

In some cases, adverse possession may have occurred if someone has installed a fence or built a driveway over your property and within your property boundary lines. The statutory period for a claim of title by adverse possession is 30 years in New Jersey.

The criteria for making a claim of adverse possession are:

1. That the possession has been actual and exclusive.
2. That the possession has been open and notorious.
3. That the possession has been continuous and uninterrupted.
4. That the possession had continued during the statutory period which is 30 years.

It is important to have an attorney determine that the property you are purchasing is not subject to any claims of adverse possession and that there are no encroachments on your property's boundary lines before you purchase it.

Contact Deitch & Perone if you have any boundary line or adverse possession issues.