Legal Question in Real Estate Law in Nebraska

adjoining property

We have mowed and maintained a 30 foot strip of abandonrd property adjoining our lot, for 23 years. Apparently this person bought the property at a tax sale and threatens to build a structure within 8 feet of our house unless we pay him an inflated price for the property. Do we have any options? We have proof of payments made to lawn service and for snow removal. We have already offered to buy at a reasonable price. We have recently discovered that our house(purchased 23 years ago) is 2 ft. into the required 10 ft. offset requirement between dwellings.


Asked on 3/26/07, 7:16 pm

1 Answer from Attorneys

Duke Drouillard Drouillard Law, LLC

Re: adjoining property

You may be able file an action under adverse possession to get legal title to the 30 foot strip of property. Adverse possession is often a difficult case to prove and win. It may cost you a few thousand dollars in advance to file suit for adverse possession and there is no guarantee that you will win. It may be cheaper and more certain to negotiate a price with your new neighbor for the 30 foot strip. If you are unable to reach an agreement with the neighbor and you are able to advance the cost of a lawsuit; then you should contact a lawyer to evaluate your chances of getting title by adverse possession.

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Answered on 3/26/07, 7:42 pm


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