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Draft a Cease & Desist Letter
for Adverse Possession in Connecticut








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CEASE AND DESIST
UNLAWFUL INTERFERENCE WITH PROPERTY

I. Purpose

I have continuously, openly, and exclusively possessed the real property located at (“Property”) since . I recently became aware of the actions described in Section II below, which interfere with my lawful and exclusive possession of the Property. This letter demands that you immediately cease and desist from engaging in any such conduct.

II. Conduct Requiring Immediate Cessation

These actions interfere with my lawful and exclusive possession, misrepresent your interest in the Property, and expose you to liability.

III. Governing Law on Adverse Possession

“To establish title by adverse possession, the claimant must oust an owner of possession and keep such owner out without interruption for fifteen years by an open, visible and exclusive possession under a claim of right with the intent to use the property as his own and without the consent of the owner.” Caminis v. Troy, 300 Conn. 297, 311 (Conn. 2011).

A. Open, Visible, and Exclusive Possession

Since , I have exercised open, visible, and exclusive control over the Property, using and maintaining it in a manner consistent with ownership. No other person has occupied or maintained the dwelling or grounds.

B. Continuous Possession for Over Fifteen Years

My possession has been uninterrupted for over fifteen (15) consecutive years.

C. Claim of Right and Intent to Use as Owner

I have possessed the Property under a claim of right, treating it as my own without seeking or obtaining permission from any other party. I have taken actions consistent with ownership, including placing the Property under my control, maintaining it, and making improvements or investments to preserve and enhance its value.

D. Without Consent of the Record Owners

At no time has any record owner or predecessor granted me written or oral permission to occupy, use, or control the Property.

Accordingly, title has since passed to me by operation of law.

IV. Demand to Cease and Desist

Immediately cease all conduct described in Section II, including any actions that interfere with my lawful and exclusive possession of the Property.

Take all necessary steps to undo or retract any actions already taken that are inconsistent with my possession and claim of right.

Confirm in writing, no later than , that all actions described in Section II have been permanently discontinued.

Please govern yourselves accordingly.

Respectfully,
/s/

Cease and Desist Letter for Adverse Possession in Connecticut

A cease and desist letter for adverse possession in Connecticut is a written notice sent to an individual or entity whose actions interfere with the sender’s open, continuous, exclusive, and hostile possession of real property. It is typically used when the possessor believes they have met the legal requirements for adverse possession under Connecticut law and wishes to stop the former owner or another party from entering the property, making claims to it, or otherwise disturbing possession. While this letter is not a substitute for a lawsuit to quiet title, it can serve as an important first step to assert rights and deter further interference.

Purpose of a Cease and Desist Letter in Adverse Possession Cases

A cease and desist letter for adverse possession in Connecticut can serve several purposes:

  • Documenting the Claim – It creates a written record that the possessor is asserting ownership rights.
  • Notifying the Interfering Party – It informs the other party that their actions are not permitted and may violate the possessor’s rights.
  • Deterring Further Entry or Use – By referencing the legal basis for adverse possession, it warns that continued interference could lead to legal action.
  • Supporting Future Litigation – If the dispute ends up in court, the letter may be used to show that notice was given and that the possessor took steps to protect their claim.

Why a Cease and Desist Letter Matters in an Adverse Possession Claim in Connecticut

If you have been in actual, open, visible, exclusive, hostile, and continuous possession of a property in Connecticut for at least 15 years, you may already meet the statutory requirements for adverse possession. At that stage, any interference from the former owner or other parties, such as entering the property, claiming ownership, or attempting to use it, can threaten your established rights.

A cease and desist letter for adverse possession in Connecticut formally notifies the interfering party that you are asserting your legal claim and that their conduct must stop immediately. This letter can:

  • Document the fact that you are in sole possession and have met the statutory timeframe.
  • Put the other party on record notice that their entry or use is unauthorized.
  • Serve as supporting evidence if you later file a quiet title action to have your ownership legally recognized.

By clearly referencing your possession history and the legal elements already satisfied, the letter sets a firm foundation for protecting your claim and deterring further interference.

Key Components of the Letter

While each case is unique, a well-drafted cease and desist letter for adverse possession in Connecticut often contains:

  1. Introduction and Identification of the Property – Clearly state the address or legal description of the property.
  2. Statement of Possession History – Outline the length of possession and the nature of use, demonstrating how the statutory requirements are met.
  3. Description of Unlawful Conduct – Detail the actions the interfering party has taken, such as entering the property, removing items, or claiming ownership.
  4. Legal Basis – Reference the elements of adverse possession under Connecticut law and note that the required period has been satisfied.
  5. Demand to Cease and Desist – Directly instruct the recipient to stop the unlawful conduct immediately.
  6. Notice of Potential Legal Action – State that continued interference may lead to legal remedies, including a quiet title action or trespass claims.
  7. Signature and Date – Sign and date the letter, keeping a copy for personal records.

Practical Considerations

  • Tone and Language – Even though it is a legal notice, the letter should remain professional and factual. Avoid threats or overly aggressive language that could escalate the conflict unnecessarily.
  • Evidence Preservation – Keep photographs, witness statements, and documents proving possession. These may be crucial if court action becomes necessary.
  • Legal Advice – While Connecticut law allows individuals to represent themselves, consulting a real estate attorney can help ensure the letter is accurate and strategically effective.

Conclusion

A cease and desist letter for adverse possession in Connecticut is a valuable tool for individuals who have possessed a property for the statutory period and want to prevent interference from others. By clearly stating the facts, legal basis, and demands, it can deter unlawful conduct and strengthen a future legal claim. However, adverse possession disputes often involve complex factual and legal issues, making careful preparation and, when possible, legal guidance essential.