Adverse Possession and Fence Disputes in Washington DC
Lawsuits and legal disputes regarding adverse possession, quiet title, fence disputes, and property disputes are not uncommon in Washington DC. These Washington DC property lawsuits and fence disputes usually involve neighbors quarreling over the specific legal boundaries of their side-by-side properties and which of the neighboring parties are the legally owner of a particular disputed property. In Washington DC, these fence-line disagreements and legal-boundary disputes generally involve (1) the specific property owners being forced to obtain proof or legal documentation of the true property lines, or (2) property litigation regarding whether a new owner of the disputed real estate exists as a result of Washington DC’s property and adverse possession laws — usually involving a quiet title action. In Washington DC, certain property laws and real estate laws can permit a property possessor (who is not the titled owner) to potentially take rightful and legal ownership of a portion of property which was not originally part of any property that the possessor legally purchased or legally received. Washington DC’s laws regarding adverse possession and quiet title are similar to Maryland’s adverse possession laws, although the laws and time periods for possession do differ between the Maryland and Washington DC.
Adverse Possession is the legal situation in Washington DC where a person or party who is not the titled owner of certain real property (1) can obtain a valid title to a particular possessed property by the passage of time as a result of their possession of the that property over that time and/or (2) can become immune from a lawsuit to repossess the possessed property by the titled property owner. Often adverse possession matters in Washington DC involve fence-line disputes between neighboring property owners.
The Code of the District of Columbia includes two similar but distinct types of adverse possession issues which are enforced by the District of Columbia Superior Court and District of Columbia Court of Appeals.
First, Washington DC’s affirmative adverse possession (which can be maintained through a quiet title complaint in DC Superior Court) is codified at D.C. Code Ann. § 16–3301 and further described through Washington DC caselaw. Through Section 16–3301 and relevant DC caselaw, Washington DC has declared that a Washington DC property “squatter” can legally establish adverse possession by proving either color of title or claim of right under certain factual conditions which must be met. This Washington DC adverse possession law means that an individual can potentially obtain ownership of another party’s titled real estate through the possessing party’s actual and open possession of the disputed property for fifteen (15) consecutive years provided those certain conditions are met.
Second, Washington DC’s defensive adverse possession is codified through Washington DC’s code sections at D.C. Code Ann. § 16–1113 and D.C. Code Ann. § 12-301 (and also and further described through Washington DC caselaw). In Washington, DC, through these defensive adverse possession laws, if a District of Columbia property owner has not filed a quiet title/property lawsuit against the property possessor or entered the land themselves, the property owner may be unable to re-possess the property or obtain the property again under certain conditions. In other words, after fifteen (15) years, the property “squatter” can become immune from being forced to vacate the specific real estate at issue. Specifically, Sections 16–1113 and 12-301 bar Washington DC lawsuits for recovery of possession of property (or changing an existing fence line) after fifteen (15) years of an individual’s adverse possession of the property Basically, DC Code Sections 16–1113 and 12-301 only bar a Washington DC lawsuit if the defendant in the lawsuit has meet DC’s specific legal standard for adverse possession of the property at issue for fifteen (15) consecutive years.
Consequently, in Washington DC, Adverse Possession is the specific legal doctrine by which an individual — who has possessed a specific real estate plot or altered a specific property boundary fence line for fifteen (15) years — can petition the DC Superior Court (or defend a Washington DC lawsuit in DC Superior Court) and actually retain (and record title of) their possession of that specific real estate. A Washington DC adverse possession lawyer can advise a party on their specific rights related to these property issues.
Our firm’s DC adverse possession lawyers have the experience to address all types of Washington DC property disputes in court as well as out of court. Longman & Van Grack’s property dispute attorneys and litigation attorneys regularly represent individuals and businesses regarding all types of Washington DC property disputes, including adverse possession, quiet title, and fence disputes in the Superior Court for the District of Columbia. If you are an individual involved in a Washington DC real estate lawsuit, fence dispute, neighbor dispute, tree dispute, or DC property dispute, call Adam Van Grack at (301) 291-5176 or one of our other DC adverse attorneys today at (301) 291-5027 to schedule a consultation at our Washington DC Office (K Street, NW) or our Maryland Offices.
Lawsuits and legal disputes regarding adverse possession, quiet title, fence disputes, and property disputes are not uncommon in Washington DC. These Washington DC property lawsuits and fence disputes usually involve neighbors quarreling over the specific legal boundaries of their side-by-side properties and which of the neighboring parties are the legally owner of a particular disputed property. In Washington DC, these fence-line disagreements and legal-boundary disputes generally involve (1) the specific property owners being forced to obtain proof or legal documentation of the true property lines, or (2) property litigation regarding whether a new owner of the disputed real estate exists as a result of Washington DC’s property and adverse possession laws — usually involving a quiet title action. In Washington DC, certain property laws and real estate laws can permit a property possessor (who is not the titled owner) to potentially take rightful and legal ownership of a portion of property which was not originally part of any property that the possessor legally purchased or legally received. Washington DC’s laws regarding adverse possession and quiet title are similar to Maryland’s adverse possession laws, although the laws and time periods for possession do differ between the Maryland and Washington DC.
Adverse Possession is the legal situation in Washington DC where a person or party who is not the titled owner of certain real property (1) can obtain a valid title to a particular possessed property by the passage of time as a result of their possession of the that property over that time and/or (2) can become immune from a lawsuit to repossess the possessed property by the titled property owner. Often adverse possession matters in Washington DC involve fence-line disputes between neighboring property owners.
The Code of the District of Columbia includes two similar but distinct types of adverse possession issues which are enforced by the District of Columbia Superior Court and District of Columbia Court of Appeals.
First, Washington DC’s affirmative adverse possession (which can be maintained through a quiet title complaint in DC Superior Court) is codified at D.C. Code Ann. § 16–3301 and further described through Washington DC caselaw. Through Section 16–3301 and relevant DC caselaw, Washington DC has declared that a Washington DC property “squatter” can legally establish adverse possession by proving either color of title or claim of right under certain factual conditions which must be met. This Washington DC adverse possession law means that an individual can potentially obtain ownership of another party’s titled real estate through the possessing party’s actual and open possession of the disputed property for fifteen (15) consecutive years provided those certain conditions are met.
Second, Washington DC’s defensive adverse possession is codified through Washington DC’s code sections at D.C. Code Ann. § 16–1113 and D.C. Code Ann. § 12-301 (and also and further described through Washington DC caselaw). In Washington DC, through these defensive adverse possession laws, if a District of Columbia property owner has not filed a quiet title/property lawsuit against the property possessor or entered the land themselves, the property owner may be unable to re-possess the property or obtain the property again under certain conditions. In other words, after fifteen (15) years, the DC property “squatter” can become immune from being forced to vacate the specific real estate at issue. Specifically, Sections 16–1113 and 12-301 bar Washington DC lawsuits for recovery of possession of DC property (or changing an existing fence line) after fifteen (15) years of an individual’s adverse possession of the property Basically, DC Code Sections 16–1113 and 12-301 only bar a Washington DC lawsuit if the defendant in the lawsuit has meet DC’s specific legal standard for adverse possession of the property at issue for fifteen (15) consecutive years.
Consequently, in Washington DC, Adverse Possession is the specific legal doctrine by which an individual — who has possessed a specific real estate plot or altered a specific property boundary fence line for fifteen (15) years — can petition the DC Superior Court (or defend a Washington DC lawsuit in DC Superior Court) and actually retain (and record title of) their possession of that specific real estate. A Washington DC adverse lawyer can advise a party on their specific rights related to these property issues.
Longman & Van Grack’s property dispute attorneys and litigation attorneys regularly represent individuals and businesses regarding all types of Washington DC property disputes, including adverse possession, quiet title, and fence disputes in the Superior Court for the District of Columbia. Our firm’s DC adverse possession lawyers have the experience to address all types of Washington DC property disputes in court as well as out of court. If you are an individual involved in a Washington DC real estate lawsuit, fence dispute, neighbor dispute, Washington DC tree dispute, or DC property dispute, call Adam Van Grack at (301) 291-7166 or one of our other DC adverse possession attorneys today at (301) 291-5027 to schedule a consultation at our Washington DC Office (K Street, NW) or our Maryland Offices.
