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clarity on Adverse possession
16-Aug-2023 (In Property Law)
My father and his brother bought two plot adjacent to each other. Since uncle's land was a bit small, my father agreed to share a piece of our land and make common stairs for both house(stairs are on our land, still we are the owners on paper). But lately there have been frequent fights over the stairs. We are planning to wall the stairs now but that would leave them with no option to go on the roof. My question is can they by any mean claim the land since its been around 20 years now we are sharing the land on any grounds. Also, does property rules vary from state to state?
By no means, your uncle can claim ownership of the disputed area of the land as the use of that part of the land was permissive and not adverse in nature. However, it is pertinent to inform you that he shall have easementry rights to access his roof until adequate alternative route is constructed by him for the said purpose. As such, if you intend to construct a wall which would obstruct his right of easement to his roof, then he could only temporarily stall the such construction.
To your second question, the answer is that property rules and regulations do vary from state to state, however, the basics remaining the same though.
To your second question, the answer is that property rules and regulations do vary from state to state, however, the basics remaining the same though.
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Adv. Bidit Kumar Deka
Delhi | 25+ Answers
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They can't claim ownership of the land upon which the stairs are built. This is so as presently adverse possession doesn't entail right to ownership.
However, if their usage of stairs goes beyond 20 years, they may be entitled to right of way.
However, if their usage of stairs goes beyond 20 years, they may be entitled to right of way.
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Adv. Vishesh Bansal
Delhi | 25+ Answers
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There are lot of questions which are left unanswered here??First is this property self acquired or inherited by your father and uncle.Secondly was it through a testamentary succession??Thirdly did any family settlement deed took place between you all??Therefore till the time these questions are not answered it is very difficult to state that whether they can claim it or not.
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Adv. Nishant Solanki
Delhi | 200+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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