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Some of you may have heard in regards to this only now. Some of you may have been in this circumstance and were caught incognizant when it comes to the process. So what genuinely is averse possession in the real estate scenario? It in truth refers to the occupation of land not consistent with the rights of the real owner. This basically is relevant to to the right of a trespasser to own land or part of it which has been in his possession for a sure amount of time of time. The full ownership may be granted to that person if he or she has been using that land for at least 15 years. This old system of belief of averse possession protects the land proprietor versus any person who wants to assert the property but fails to provide proof of a better land title. It protects the occupier of the land concerned from being ejected by any person who may later on discover a technical issue concerning the land’s original boundaries. Let’s take an example. Mr. A owns a sure piece of land which he has turned into a farm. He has been farming there for 20 years. Then comes Mr. B, the new owner of the adjacent land, who found that the fence around Mr. A’s farm was incorrectly placed inside the boundary of his property. The land owned by Mr. B had been sold assorted times in the past but it is only now that the boundary issue came up when Mr. B requested for a survey of his property’s boundaries. So, may Mr. B have share of the property included in Mr. A’s land back? Does he have the right to get it back? How may the unfeigned boundary of a property be determined? If we are to base it on the old doctrine of averse possession, the answer is no. Mr. B no longer has the right to challenge Mr. A on this issue and recover his property. Mr. B can not strength Mr. A to move the fence back to the primary and rectify boundary. In cases like this, the role of a surveyor is crucial. This is because the routine of challenging a land proprietor on the issue of averse possession involves various stages. The surveyor is the right authority who may carry out a check survey to determine the proper boundaries of a sure real estate property according to the basi subdivision or survey plan. He will then make a drawing of the property showing the boundaries with the proper measurements and fencelines. The drawing is utile in making a comparison with other survey plans involving the property. Getting a qualified surveyor must be a priority. Choose one who is intimate with the local area where the property is located. One who knows with regards to the property concerned may be more reliable. Other qualifications to look for include licenses and certifications as well as membership in professional associations. For example, in Victoria, Australia, the Surveyors Registration Board of Victoria is the agency that issues licenses to qualified surveyors. You may want to check if the surveyor you want to hire is licensed by visiting the Board’s online registry of licensed surveyors. In terms of survey cost, there is no standard rate. Normally, the cost will depend on the size, shape and other characteristics of a property. If you would like get an idea of the amount you will need, contact a surveyor you recognise or you may call various surveyors and consult them when it comes to your specific situation. The info you provide on your problem and the survey required will enable them to quote you an approximated price. On the other hand, a real estate lawyer is the best person who may give you counsel whether or not you will have to pursue a assert on your property that was mistakenly included in another person’s property. WANT TO USE THIS ARTICLE? You can, as long as you include the following:
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