[Jims5543]

But, this was not open and notorious. As far as the owner of the land with the house was concerned they were on their own lot. The open and notorious clock began ticking when I surveyed the vacant lot next door and found the house encroaching onto it.

Now what is done over the next 7 years will decide if they can claim the land by adverse possession.

I am at my office now and breaking out my legal books.

Here is a checklist for Adverse Possession.

a. Open
b. Notorious
c. Hostile (under claims of right)
d. Continuous
e. Exclusive
f. Adverse
g. Peaceable for the terms of years of the statute
h. Did color of title exist (if so, then constructive possession is allowed; if not, then only actual possession is allowed)
i. Against the government or against some person suffering under a disability (under age, insane, in prison for a term of years less than life, or in service of his country on foreign soils) If against one of the above, Adverse Possession cannot occur.
j. Were taxes paid


Looking at these parameters there is no adverse possesion.