Changing Boundary Lines Through Adverse Possession in Tennessee

Question:

My next door neighbors regularly use the land between our houses including the portion that’s our property. If they are allowed to do so for a period of time, can they change the boundary line to include that portion of my lot they have been using, like squatters? They own their home, we one ours so this is not an unoccupied home situation.

– Dan

 

Answer:

Hi Dan,

This is called adverse possession. The trespasser may be able to gain title to the property if they inhabit it for a certain number of years, and the property owner does not bring an eviction action against the trespasser. However, it depends on the length of time and state law.

The HOA’s governing documents may also offer protection against adverse possession. Kindly review them to verify this. You may speak with your neighbor to sort this out. If that fails, you may also raise this issue with the HOA board and opt for internal dispute resolution. For further guidance, kindly consult a lawyer.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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