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What can we do to get our land back?

So I brought a home in 2001 and when I did, I was under the impression that the lot beside us was with our land (the previous owners, owned both lots and had the entire yard enclosed with a fence). However, the city has put an adverse possession on it and claims it never belonged to us. We have the deed that shows that’s the land was owned together but our deed only shows one of the two lots (the were seemingly combined). Is this legal?

Asked by Kenricha Freeman | Memphis, TN| 04-07-2026| 27 views|Tips & Advice|Updated 3 weeks ago

Answers (7)

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Austin Pelka

Keller Williams Shore Properties · Toms River, NJ

Here is the core issue: your deed only reflects one lot, which means legally that is all that transferred to you at closing regardless of what the fence line looks like or what the previous owners intended. That said, you are not necessarily without options. The fact that you have documentation showing the previous owner held both lots is useful. Get a real estate attorney to review that alongside your deed, the title history, and any survey records from the time of your purchase. If no survey was done at closing, get one ordered now. It will document the fence line and the physical condition of the property going back decades, which matters. You also have a potential adverse possession argument of your own. You have openly used, maintained, and occupied that second lot as part of your property since 2001. Depending on your state, that kind of continuous, uninterrupted use for 20 plus years can form the basis of a legal claim. An attorney can tell you whether the timeline and circumstances meet the threshold in your state. The city moving forward on this without you having legal representation would be a serious mistake. Get an attorney involved before anything progresses further.
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04-08-2026 (3 weeks ago)··
Billee SilvaSemi-Pro70 Answers
Billee Silva

Century 21 AllPoints Realty · Fort Myers, FL

(147 reviews)
This is one of those situations where what someone thought they owned and what is actually recorded can end up being two very different things, and unfortunately the paperwork is what controls. It sounds like the previous owner had two separate lots, fenced them together, and used them as one yard, but only one of those parcels may have been legally conveyed in the 2001 sale. If the deed only includes one lot in the legal description, that is typically the only land that transferred, even if it has always looked and felt like part of the property. The city claiming adverse possession is a bit unusual, since that is more commonly used by private parties, but there could be other factors involved like unpaid taxes, abandonment, or the second lot never actually being transferred. One important question is whether a survey was done at the time of purchase, because that would have clearly shown the property boundaries and whether that extra lot was included. At this point, the best move is to have a real estate attorney or the title company review the deed, title policy, property appraiser records, and any prior tax history on that second lot to see how it was handled over the years. If there is title insurance, this is exactly the kind of issue it is there for. At the end of the day, it can be legal for the city to claim that land if it was never actually conveyed, but having a professional review everything is the only way to know for sure where things stand and whether there is any path to challenge it.
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04-08-2026 (3 weeks ago)··
Linda RitlingerNovice8 Answers
Linda Ritlinger

CIC Call It Closed Realty · High Point, NC

(4 reviews)
You might have a situation of Adverse Possession if this has existed as one lot rather than two, but the difficulties here are as follows it seems. Your deed only shows one lot, not two? If that's correct then my question would be, who has the deed showing ownership to another? If I were you I would find an attorney who not only deals in Real Estate but also land disputes. I would also call the city and see who you need to speak to about this situation, taking names, dates, times you called, and all the information you can gather and take it to an attorney who will potentially either explain the legal situation to you and/or represent you if there is wrong doing. Good Luck to you. Linda Ritlinger, Realtor /Broker Multi-Million Dollar Seller in the Triad/Piedmont area NC.
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04-08-2026 (3 weeks ago)··
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Keith Jean Pierre

REMAX First Realty · East Brunswick, NJ

(151 reviews)
I am a little confused regarding the "two" deeds. If your purchase deed says there is only one lot, I would imagine there is little recourse. I would suggest speaking to an attorney regarding the matter as we can't give legal advice here. Best of luck with your resolution. Keith Jean-Pierre Managing Principal The Dapper Agents Operations In: NY, NJ, FL & CA
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04-25-2026 (4 days ago)··
Kevin Neely

Keller Williams Realty Elite Partners · Spring Hill, FL

(76 reviews)
Getting land back typically depends on how it was lost -- whether through a boundary dispute, adverse possession claim, tax deed sale, or a title defect that was not caught at closing. Each path has a different legal remedy and timeline. In Florida, we see similar situations along the Nature Coast where rural parcels change hands through tax deed sales or old survey disputes resurface decades later. Florida law does allow quiet title actions, which are court proceedings that resolve competing ownership claims and produce a clean, insurable title. The most important first step is to pull the full chain of title for your parcel and compare it against recorded surveys. Hire a real property attorney -- not just a general practitioner -- because adverse possession claims in most states require continuous, open, and notorious use for a defined statutory period (10 years in Florida). If that period has not elapsed, you may still have standing to reclaim the property through a quiet title suit. Document everything now -- photos, tax records, prior deeds, and any correspondence -- because evidence goes stale quickly. -- Kevin Neely & Kaitlynd Robbins | K2 Sells
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04-15-2026 (2 weeks ago)··
Michael AtkinsonNovice9 Answers
Michael Atkinson

RE/MAX Real Estate Group · Avon Lake, OH

(23 reviews)
This is a tricky situation, but it does happen. Key point: What you believed you owned and what’s actually on your deed can be different. If your deed only lists one lot, that’s likely what legally transferred to you, even if the yard was fenced together. About adverse possession: That usually means someone (or possibly the city) is claiming rights based on long-term use or a title issue. It’s legal in certain situations, but it must meet strict requirements. What you should do next: Get a title company to review the full history of both lots. Check with the county recorder/auditor for parcel records. Speak with a real estate attorney, this is important in a case like this. Bottom line: This will come down to what’s legally recorded vs. what was assumed at the time of purchase.
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04-21-2026 (1 week ago)··
Marlyn SalvaNovice3 Answers
Marlyn Salva

Remax Zone · Humacao, PR

(5 reviews)
Lawyer up. Paralyze the proceedings with your own adverse possession claim in probate court. After 20 years, you usually don´t need to proof good faith, but these days new regulations are being formulated so make sure to check those out. Most important, make sure you are ready to pay for property taxes, because I bet this is the cause of the city action.
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04-14-2026 (2 weeks ago)··
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