Can you claim land by building a house on it and living there?

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Discussion Overview

The discussion revolves around the concept of claiming land through building a house and living on it, specifically focusing on the legal principle of adverse possession. Participants share personal anecdotes, historical context, and variations in laws across different regions, including the United States and the UK.

Discussion Character

  • Debate/contested
  • Historical
  • Conceptual clarification

Main Points Raised

  • Some participants recount personal stories of individuals who built makeshift homes and later claimed ownership of the land, referencing a case of a person in London who gained title to park land after living there for years.
  • Others mention the historical context of "homesteading" laws in the US, noting that such laws have become more restrictive over time and are no longer widely applicable.
  • A participant shares their family history, indicating that their great grandfather successfully claimed land through adverse possession in Massachusetts, suggesting there were legal requirements involved.
  • Another participant describes the specific conditions for adverse possession in Pennsylvania, highlighting the need for continuous, open, and uncontested occupation for a period of 21 years.

Areas of Agreement / Disagreement

Participants express various perspectives on adverse possession, with some sharing personal experiences and others discussing legal frameworks. There is no consensus on the effectiveness or applicability of these claims in contemporary contexts, as views on the legality and practicality of such actions differ.

Contextual Notes

Limitations include varying definitions of adverse possession, differing legal requirements across jurisdictions, and the historical evolution of related laws. Specific conditions for claiming land through adverse possession remain unresolved and are subject to local laws.

wolram
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I know some one that did it, he built a house out of packing cases and lived in it for some time, then he claimed the land was his and got it, he had enough to start a stud farm.

http://www.repossessed-house-sales.co.uk/claimunregisteredlandpropertyfree_160758.html

I am not saying that is the way to go but has anyone ever done such a similar thing?

Seems i know a few plots of land used by farmers but are not officially theirs.
 
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wolram said:
I know some one that did it, he built a house out of packing cases and lived in it for some time, then he claimed the land was his and got it, he had enough to start a stud farm.

http://www.repossessed-house-sales.co.uk/claimunregisteredlandpropertyfree_160758.html

I am not saying that is the way to go but has anyone ever done such a similar thing?

Seems i know a few plots of land used by farmers but are not officially theirs.
I've heard of it, it's called - Adverse possession - Some tramp in London a few months ago gained title to an acre or two of some park he had been living in for years. Because of it's location it's value was quoted by the press at the time as being around £2 - 3 million!

I bought my current house about 12 years ago and as part of the planning application deal the builder did with the council, he left a wide swathe of land at the front of it (about 1/10 acre) in case the council ever wanted to widen the road. Since then it seems the builder never formally handed the land over to the council who therefore don't maintain it and so I have had to cut the damn grass ever since. I think to get my own back I'll claim adverse possession over it :biggrin:
 
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We used to have "homesteading" laws in the US, now only a few states still have them, and even those states limit it to allow homesteading to mean that no one can put a lien on your house. The state I live in doesn't even allow that now. The remaining laws are so restricted that I don't even bother with them as they don't apply to me.

Back in the old days, you could stake a claim and build on it and improve it, then it became yours. No more.
 
My great grandfather who is residing in Massachusetts acquired his land through “adverse possession”. They said that he occupied the abandoned land for such a long time; I’m not sure how really long it was but after that he successfully owned the land. I think there were legal requirements that he had provided before he actually acquired the land. If I have time, I will ask my grandfather regarding this matter.
 
agentyumi said:
My great grandfather who is residing in Massachusetts acquired his land through “adverse possession”. They said that he occupied the abandoned land for such a long time; I’m not sure how really long it was but after that he successfully owned the land. I think there were legal requirements that he had provided before he actually acquired the land. If I have time, I will ask my grandfather regarding this matter.

Also known as "Squatter's rights"

http://en.wikipedia.org/wiki/Adverse_possession#Squatter.27s_rights
 
We still have it in PA. The squatter must continously occupy the land for 21 years. The occupation must be open, assertive in nature, and uncontested. It is intended to cover those cases where a genuine mistake about metes and bounds has happened, not to permit theft. The squatter must then go to court and prove all the above.
 

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