Fairfax, VA Adverse Possession Lawyers

Trusted Adverse Possession Lawyers Helping Clients Protect Property Rights in Fairfax, VA

There are some situations where a person may claim ownership of land they have occupied and used continuously, even if the property legally belongs to someone else. These claims can affect the rights of a property owner, and they can lead to complicated legal disputes. Property owners will need to understand how to protect their rights and resolve these issues, and legal representation from a qualified attorney can be crucial in these situations.

At Fox & Moghul, we help our clients address adverse possession claims and other disputes. With our experience in real estate litigation, we can assess property ownership claims and help our clients understand their options. We work to help resolve complex disputes as quickly and efficiently as possible.

What Is Adverse Possession?

Adverse possession allows a person to claim legal ownership of someone else's property if they have occupied and used it for a certain amount of time and meet other legal criteria. To establish adverse possession in Virginia, the occupying party must meet specific requirements, including:

• Open and Notorious Possession: A person's occupation of someone else's property must be obvious and visible to other parties, including the legal owner. Secret or concealed use of a property generally will not qualify.
• Actual Possession: The person must physically use and maintain the property as a property owner would, such as by fencing it, building structures, or improving it in other ways.
• Hostile Possession: A person must have occupied property without the permission of the legal owner.
• Exclusive Possession: The possessor must be the sole occupant, without sharing the property with the true owner or the public.
• Continuous Possession for the Statutory Period: In Virginia, adverse possession must be continuous for a period of 15 years. A person must occupy the property without interruption for this entire period to potentially claim ownership.

If these conditions are met, the occupying party may take legal action to claim ownership of the property. However, proving adverse possession can be challenging. Substantial documentation will need to be provided, and representation from a skilled attorney can be crucial for anyone who is looking to claim ownership of a property or defend against an adverse possession claim.

How Adverse Possession Is Addressed in Virginia Law

Virginia law recognizes adverse possession but imposes strict requirements to prevent frivolous claims. The burden of proof falls on the person claiming adverse possession. They must provide evidence proving that they have met all the statutory requirements. Adverse possession claims can be complicated by factors such as property lines, surveys, and the landowner's actions.

Virginia courts review adverse possession claims carefully, and each case will be evaluated based on the unique facts involved. If an adverse possession claim is disputed, the case may go to court, where a judge will determine whether the claimant has met Virginia's legal requirements for adverse possession. For property owners defending against adverse possession claims, a well-prepared legal strategy is essential for protecting their rights.

Common Situations Leading to Adverse Possession Claims

Adverse possession disputes often arise in situations where property lines, boundary maintenance, or land use have been inconsistent or misunderstood. Some examples include:

• Boundary Disputes: Adverse possession claims frequently occur when there are disputes about the boundaries between neighboring properties. One neighbor may have used or maintained land that they believe is theirs, even if it legally belongs to another neighbor. This type of boundary encroachment may lead to an adverse possession claim if it is not addressed within the proper time period.
• Vacant or Unattended Property: When a property is vacant or unused, neighboring landowners or other people may occupy it, potentially establishing grounds for an adverse possession claim. This may be a factor addressed in cases involving inherited property or land owned by out-of-state residents who may be unaware that a property has been occupied by someone else.
• Unpermitted Improvements: Property owners may build structures or make improvements on land that technically belongs to a neighbor. If these improvements are left undisturbed for 15 years, this may provide a basis for an adverse possession claim.
• Access and Easement Issues: Disputes over access rights may lead to adverse possession claims if someone consistently crosses or uses a property without the owner's permission. This may be an issue on rural or undeveloped land.
• Errors in Property Records: Adverse possession claims may arise due to inaccuracies in property surveys, deeds, or title records. If these records contain incorrect information about property boundaries, one party may occupy property that is technically owned by someone else, leading them to claim ownership of the property.

How Fox & Moghul Can Assist With Adverse Possession Disputes

Resolving disputes related to property ownership requires a strong understanding of Virginia's property laws and experience in real estate litigation. At Fox & Moghul, we can help property owners defend against adverse possession claims and protect their ownership rights. We can also provide representation for clients who may have legitimate claims to properties they have occupied and maintained for many years. Our services include:

• Title and Property Research: The foundation of any adverse possession case is evidence that supports or contests the claim. Our attorneys conduct in-depth title research, reviewing property records, historical data, surveys, and any available documentation to determine rightful ownership.
• Boundary Surveys and Documentation: Precise boundary information is critical in adverse possession cases. Our lawyers work with professional surveyors to obtain accurate boundary surveys and establish the exact dimensions of the disputed property. By clarifying property lines, we can provide compelling evidence to support our clients' cases.
• Legal Notice and Negotiation With Opposing Parties: Before proceeding to court, it may be possible to resolve disputes through negotiation. Our attorneys can work with opposing parties and their legal representatives to reach agreements that will protect our clients' property rights.
• Litigation and Court Representation: When an adverse possession dispute cannot be resolved outside of court, our lawyers will provide effective representation during litigation. With our experience in the courtroom, we can help our clients achieve favorable results in these cases.
• Defending Against Future Claims: For property owners who are seeking to prevent adverse possession claims, proactive legal action is essential. Our attorneys can provide guidance on the measures property owners can take to protect their land, such as regular boundary surveys, property inspections, and filing legal notices. These steps can prevent adverse possession claims from arising and ensure that owners will be able to retain full control over their properties.

Contact Our Fairfax Adverse Possession Claim Lawyers

At Fox & Moghul, our real estate attorneys can provide effective legal representation to ensure that our clients' rights are protected. We can address adverse possession claims, boundary disputes, and many other legal concerns related to residential and commercial real estate. Contact us at 703-652-5506 to schedule a consultation and learn more about how we can assist you.