DEED RESTRICTIONS & ADVERSE POSSESSION

Adverse possession is a way of acquiring title to someone else’s real property by physically occupying it for a long period of time. Usually the time period is 10 years and the owner of the title should not consent or approve of occupation of their land.

A deed restriction can generally only be terminated by (1) the beneficiary of the deed restriction executing a release in writing; (2) merger, e.g., the owner of parcel 1 also purchases parcels 2, 3, and 4; and (3) condemnation.

No. Although a land owner may have a claim for adverse possession against a private owner of neighboring land after encroaching on that land for more than 10 years, adverse possession against neighboring land owned by the city, county, state, or federal government is generally not available.

Generally not. If the deed restrictions were recorded after the financing of the lot, however, then foreclosure of that lot would eliminate the deed restrictions for the purchaser of the foreclosed lot.