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"What legal rights do I have as a plot owner to prevent an illegal takeover of our 20 year old plot in a dispute with the local government?"
In many jurisdictions, property owners have the right to file a police report and seek criminal charges against those who have illegally taken over their property.
A cease-and-desist order can be obtained from a court to stop the unauthorized use of the property and to compel the trespasser to leave.
Adverse possession, a legal doctrine that allows a trespasser to gain ownership of the property after a certain period of time, typically requires the trespasser to have open, notorious, exclusive, and continuous possession of the property for a certain number of years.
In some jurisdictions, property owners can seek compensation for damages incurred as a result of the illegal takeover, including the cost of repairs, lost income, and emotional distress.
The burden of proof is on the trespasser to demonstrate that they have a valid claim to the property, such as through adverse possession or a valid lease agreement.
Land surveyors can provide evidence of property lines and boundaries, which can be useful in resolving disputes over property ownership.
A property owner may seek an injunction, a court order that requires the trespasser to leave the property and prohibits them from returning, if they can demonstrate that they are likely to succeed on the merits of their claim and that they will suffer irreparable harm if the injunction is not granted.
Property owners can install security cameras, sensors, and other surveillance measures to deter illegal takeovers and to gather evidence of any trespassing.
The legal concept of "color of title" refers to a situation where a person possesses property under a claim of right, but their title is actually defective or invalid.
The legal doctrine of "squatter's rights" refers to the right of a person to gain ownership of property through adverse possession if they meet the required legal standards.
A property owner may be able to negotiate a settlement with the trespasser, such as by offering them monetary compensation or an alternative piece of property, to avoid the time and expense of litigation.
In some cases, the local government or a community organization may be able to mediate disputes over property ownership and facilitate a resolution that is acceptable to both parties.
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