Quiet Title actions allow property owners to request that the Court clarify boundary line disputes and other ownership questions. While boundary disputes related to errors in deed (or “title”) histories are common, you may be surprised to learn that there are ways in which a person can gain ownership of real estate without ever having a deeded interest.

If your neighbor is straying from a deeded boundary, consider whether the circumstances would eventually be grounds for a Quiet Title action under claims of Adverse Possession or Boundary by Acquiescence, and plan accordingly.

Adverse Possession

Adverse possession, sometimes referred to as “squatter’s rights,” is essentially a way for an individual to obtain ownership of land by acting like they own it for a long enough period of time. An adverse possession claim must meet several criteria to succeed in a Quiet Title action, including openly using land to the exclusion of others—without permission—for twenty years or more.

While this may seem unfair, the public policy behind adverse possession is the idea that if the true landowner is aware of, and does nothing about, another person making use of their land for two decades, ownership should rest with the person using it.

Boundary by Acquiescence

Another way to achieve land ownership without a title by deed is through boundary by acquiescence. This is similar to adverse possession, but without the hostility commonly associated with adverse possession situations.

For instance, if two neighbors agree that a certain boundary separates their land, and treat their respective properties accordingly for twenty years or more, their agreed-upon boundary can become legally binding. For example, if neighbors plant trees or a garden along their agreed-upon boundary, when the deeds actually indicate that the plants are on the other neighbor’s property, either could file a Quiet Title action after twenty years to clarify that the agreed-upon boundary eventually became permanently binding.

About Wescott Law 

Wescott Law is dedicated to serving the property needs of businesses and individuals in the Lakes Region and beyond. Our main office is located in Laconia with satellite locations in Meredith and Plymouth.