My question involves real estate located in the State of: Indiana
Town (unincorporated, less than 200 people) was set up with alleys and streets. An alley was established sometime in the 1800's next to a town alley. We own the property next to the town alley. Sometime in 2002, unbeknownst to us, neighbor bought the alley next to the town alley from the original owner's heirs of the land where the non-town alley was. Our family has owned property in town next to alley since 1950's. The town alley was always treated by us and all previous owners as belonging to our property. It is grass and always has been grass. There is a structure (a brick wishing well ) sitting on it with a cement base that said it was put up in 1941. Our home was destroyed in 1965 tornado and a new residence built in 1966. However, when it was rebuild it appears that it encroached on the town alley. There is a circle driveway that both properties shared. We have maintained the town alley for years and stoned the circle driveway. Our mother who owned the property died in and 2011 at the age of 91. Other property owner died in 2016 at the age of 103. We wanted to buy some property from the estate to make our property more of a square shape. This is when we all discovered that the 2002 sale had occurred. Because of size of property needed to be in our county, we could not purchase what we wanted to because it was too small and we were not adjacent owner because of the town alley. Attorney suggested that we vacate the town alley, it would be split in two and they could then quit claim the 8 feet of that alley to us and then small piece of property could be sold to us and incorporated in our land. BIGGEST mistake we made was to not get this in writing. Our owner decided to sell the entire property before we could get surveys, legal descriptions, the vacation of the alley, etc. done. Proposed buyer said NO problem, they would agree to everything to be done like we said. We would pay for all the work that needed done and give them $500 for a small wedge of land (mind you, this wedge of land was so small that the county wouldn't let it stand on its own for us to buy). (Or so the surveyor told us). Now also mind you that the attorney we were using represented all of the 3 parties, now and in the past. Oh, and in this sell in 2002, it actually shut off our use of the driveway so we could not get out unto the road. However, the old owner never said anything about it or had a problem with us using it to exit our property.
After town alley was vacated and half given to us and half to the new owners, the new owners decided that they wanted $1500 for this small wedge of land PLUS the 8 feet of the alley they were given. Upsetting, yes, but we could live with it. Took us some time to come up with the $1500 since we already had a $2000 bill from the surveys, attorney fees, etc.. In the meantime, the new owner blocked our use of the driveway to the road. They have put buckets, boards, boards with nails in them, and generally harassed us about using the driveway exit. They say we were throwing stones on their property when exiting. We have told them that we have the money to purchase, will move the driveway so it is not next to theirs and exit at a different place. They are now refusing to sell and blocking access to roadway.
We need to know if we have a case to, in hindsight, go back and claim adverse possession of the old town alley and what are chances might be on that? Or to go forward in adverse possession? Our driveway could then access the roadway. We have pictures, can probably find witnesses, and the cement base with 1941 stamped on it to show that it has always been grass and never used as a alley. The attorney that we used (who is also the new owners' attorney) said that he did not think we could claim adverse possession because in theory it was a government property (town alley) that we are trying to claim.
Any thoughts? And suggestions? Thanks.
Town (unincorporated, less than 200 people) was set up with alleys and streets. An alley was established sometime in the 1800's next to a town alley. We own the property next to the town alley. Sometime in 2002, unbeknownst to us, neighbor bought the alley next to the town alley from the original owner's heirs of the land where the non-town alley was. Our family has owned property in town next to alley since 1950's. The town alley was always treated by us and all previous owners as belonging to our property. It is grass and always has been grass. There is a structure (a brick wishing well ) sitting on it with a cement base that said it was put up in 1941. Our home was destroyed in 1965 tornado and a new residence built in 1966. However, when it was rebuild it appears that it encroached on the town alley. There is a circle driveway that both properties shared. We have maintained the town alley for years and stoned the circle driveway. Our mother who owned the property died in and 2011 at the age of 91. Other property owner died in 2016 at the age of 103. We wanted to buy some property from the estate to make our property more of a square shape. This is when we all discovered that the 2002 sale had occurred. Because of size of property needed to be in our county, we could not purchase what we wanted to because it was too small and we were not adjacent owner because of the town alley. Attorney suggested that we vacate the town alley, it would be split in two and they could then quit claim the 8 feet of that alley to us and then small piece of property could be sold to us and incorporated in our land. BIGGEST mistake we made was to not get this in writing. Our owner decided to sell the entire property before we could get surveys, legal descriptions, the vacation of the alley, etc. done. Proposed buyer said NO problem, they would agree to everything to be done like we said. We would pay for all the work that needed done and give them $500 for a small wedge of land (mind you, this wedge of land was so small that the county wouldn't let it stand on its own for us to buy). (Or so the surveyor told us). Now also mind you that the attorney we were using represented all of the 3 parties, now and in the past. Oh, and in this sell in 2002, it actually shut off our use of the driveway so we could not get out unto the road. However, the old owner never said anything about it or had a problem with us using it to exit our property.
After town alley was vacated and half given to us and half to the new owners, the new owners decided that they wanted $1500 for this small wedge of land PLUS the 8 feet of the alley they were given. Upsetting, yes, but we could live with it. Took us some time to come up with the $1500 since we already had a $2000 bill from the surveys, attorney fees, etc.. In the meantime, the new owner blocked our use of the driveway to the road. They have put buckets, boards, boards with nails in them, and generally harassed us about using the driveway exit. They say we were throwing stones on their property when exiting. We have told them that we have the money to purchase, will move the driveway so it is not next to theirs and exit at a different place. They are now refusing to sell and blocking access to roadway.
We need to know if we have a case to, in hindsight, go back and claim adverse possession of the old town alley and what are chances might be on that? Or to go forward in adverse possession? Our driveway could then access the roadway. We have pictures, can probably find witnesses, and the cement base with 1941 stamped on it to show that it has always been grass and never used as a alley. The attorney that we used (who is also the new owners' attorney) said that he did not think we could claim adverse possession because in theory it was a government property (town alley) that we are trying to claim.
Any thoughts? And suggestions? Thanks.
Adverse Possession: Adverse Possession Rules
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