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Our condo owns a swimming pool which is somewhat on another condos property. This has been an issue for 20+ years we maintain an

Cape May, NJ |

And pay all pool expenses. We are trying to deal with other condo to settle matter. Other condo doesn't seem interested in settling this issue. We allow them to use out pool for a fee. We would like to settle the matter, pay them for the land or whatever. Do we have any rights to the land since our pool sits on part of their property which we have been maintaining for over 20 years? Dominant domain?.

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Attorney answers 3


I think you mean adverse possession. Based on your comments, it is an extremely strong case. You don't get any more open and notorious use of someone's property then making them pay to use their own property.

Law Offices of James A. Abate (732) 412-2364


Although I am not licensed in New Jersey, there are some basic issues to be determined. First, is there a recorded easement giving your condominium the right to maintain the pool on the adjacent condominium's land? I would expect so because no construction lender would have allowed a significant known encroachment without an easement. Second, if there is no existing easement, because it is difficult for a condominium to dispose of a portion of the common elements, an easement might be easier to obtain than title to the land. Third, if there is no existing easement you may have acquired title to the encroached upon land by adverse possession. If so, a lawsuit to quiet title could resolve the issue by court order. Finally, if the adjacent condominium unit owners enjoy using your pool, refusing to allow their use of the pool until the matter is settled may get their attention. Good luck.


I'm right up the road in Sea Isle City, NJ. I specialize in condominium law, real estate, and related matters. I will down in Cape May on Tuesday 7/10/12. I can swing by to meet with you to look at condominium documents, your condominium survey, etc. Have you had a survey prepared in recent years? Do you have any type of written agreement with the other condominium? Has your condominium board entered in any type of agreement or enacted any resolutions over the past 20 years regarding this situation? If interested in a consult, please contact me at



Is there a charge for the consult?

Ellen Nicholson Byrne

Ellen Nicholson Byrne


No, not for the initial consultation. Let's just sit down to talk. I will be dropping my daughter off to camp at Cape May Stage this coming Tuesday through Friday afternoons at 1 pm, so I can meet with you shortly thereafter for about an hour. ---------------------------------------- This email was sent by: Avvo, Inc. 1501 4th AveSuite 1900 Seattle, WA, 98101-1588, USA We respect your right to privacy - visit the following URL to view our policy. ( ) ----------------------------------------

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