Posted By Ridge Line on 8/28/2008 at 10:28 PM

Adverse possession against yourself

I have been working with a client for about a year that has a house on the line in a subdivision. We have tried to do a boundary line adjustment but the County Commission won't approve it (Planning Commission recommended approval) due to one of the neighbors worried that the reconfigured lot would allow a house built that will block his backyard view of the mountain (he has no legal view rights).

Anyway they are telling him he can sell the lot and because the house has been there for more than 7 years he will be OK. I assume this is adverse possession kicking in. My problem is he already owns the lot encroached upon. Can you adverse possess against your own property. Pretty weird, eh? Plan B is to sell the lot and reserve an easement for the house over the line and a garden. Would that work? Kind of a back door boundary adjustment without having to beg the county politicians.

I'm trying to convince the client to sue the county for denial of the lot line adjustment. It just doesn't add up according to the law in my mind. Next step is to call the state property rights ombudsman. Have I ever been itching to do this!