Adverse Possession Indiana Without Possession
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FAQ
There is a legal doctrine known as "adverse possession" by which trespassers who openly inhabit and improve a piece of property that is otherwise abandoned may gain title to that property after some specific conditions are met.
To prevent a claim of right through adverse possession, you can take some precautions to help protect your property, such as: Clearly marking the boundary lines. Walking your property lines to check for any signs of trespassing. Installing ?No Trespassing? signs to deter unwanted visitors.
A person must occupy a property for at least ten years in Indiana to make an adverse possession claim. During this period, the person must also prove additional continuous actions that meet the other conditions necessary for an adverse possession claim. Exclusive and continuous possession is necessary to show control.
Regular property inspections can alert the true owner to any unauthorized use and are always beneficial to ensure your property is unoccupied. Leasing the property can also effectively thwart any claims of adverse possession since it delineates a legal agreement between the owner and occupant.
However, just open yard does not give the neighbor ownership through adverse possession of the property. To the contrary, they would have to have fenced the area in or done something more to the land. With the facts you have presented - the neighbor does not have a claim for adverse possession.