Can mortgagors switch houses to take advantage of adverse possession?
Can mortgagors switch houses to take advantage of adverse possession?
I assume mortgagors can't become squatters unless the bank is being negligent. But if two mortgagors swapped properties, would the adverse possession countdown start?
Edit: thanks! Y'all filled in my knowledge gaps
If you and your neighbor agree to switch houses, there's nothing "adverse" about the possession.
Assuming I understand what you're asking.
https://www.law.cornell.edu/wex/adverse_possession
If this is to be believed, then no.
Hostile In this context, "hostile" does not mean "unfriendly." Rather, it means that the possession infringes on the rights of the true owner. If the true owner consents or gives license to the adverse possessor's use of the property, possession is not hostile and it is not really adverse possession.
Actual The true owner has a cause of action for trespass, which must be pursued within the statute of limitations.