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You purchased a property that has used someone elses property for 50 years Can you claim adverse possession?
Wiki User
∙ 15y ago
If you can prove that, for at least the statutory period, the previous owner had possession of the land of another, and that possession was open and notorious, actual and uninterrupted, exclusive, hostile, and based on a claim made in good faith, then you have a prima facie case of adverse possession. The next step is to contact a real estate attorney in your area to discuss having title to the adversely possessed land quieted in your name.
Wiki User
∙ 15y ago
Anonymous
owner had 4 lots for many years then he died a neighbor started using the lot next to his trailor he even cut trees down and then he built a shed on it and filled it with logs then someone bought the 4 lots paid the taxes all that stuff the new owner told him get your shed off of my property in 2 months he said i have taken care of this lot for years and iam not taken it down his in-laws earlier cut the grass etc then gave him the trailor and then he started to cut grass etc i would say maybe 15 years never paid taxes or anything the taxes were paid by the owners children all the time but never even came around the lots are all in seperate owners names but now one person bought them all so how can we get him to take down the shed and let the new owner be at peace
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What is the law on adverse possession in Arkansas?
possession if he pays taxes on property contiguous to that being claimed by adverse possession, holds color of title to that contiguous property, exclusively occupies the property claimed, is Adverse possession, in Arkansas, states that someone can obtain property if he pays taxes on property adjacent to that being claimed by adverse possession, holds color of title to that adjoining property, exclusively occupies the property claimed, is uninterrupted in possession, visibly and openly inhabits the land, in fact physically possesses the property, possesses the land without the permission of it's true owner and fulfills these requirements for seven years.
If a person tenant claims adverse possession against his landlord who is also claiming adverse possession does the tenant have to continue to pay rent in Nevada while tenant resides on property?
First- you cannot claim adverse possession against someone who doesn't own the property. You don't have an adverse possession against your landlord who doesn't own the property but has an adverse possession claim against the owner of the land. According to the minimal facts you provided you don't have any standing to make such a claim. You are using the property with the landlord's permission. One of the elements required to make a claim of adverse possession is that you use the property openly and notoriously (without permission).
Someone is renting your land after a few years do they have an appeal to your land?
Answer: By renting your land they are acknowledging that you are the owner. There would be no grounds for an adverse claim. Adverse possession arises when a person uses someone else's property without permission of the owner of the property. A landlord and tenant relationship clearly demonstrates that the property was used with the permission of the owner.
Can someone who has lived in a house rent free for forty years claim possession?
Generally, if the person was using the property with the permission of the owner they are barred from claiming adverse possession. You should consult with an attorney about drafting a written agreement regarding the use of the property.
Can someone else take away your part of your fee simple property?
Yes, there are many ways to lose your property, including adverse possession, eminent domain, or execution of an unpaid tax levy.
After living at a property for 21 years is it lawfully yours?
In general, no. There are many factors that determine whether someone having lived on a specific property has acquired title through adverse possession. Where they renting the property? If yes, then no, they don't acquire title. Where they paying taxes on the property? If no, then probably not, particularly if someone else was paying the taxes. Did they have the owner's permission to live there? If yes, then no title transfer will occur by adverse possession. Laws vary from state to state, so you would have to consult an attorney licensed in your jurisdiction.
Are you breaking any UK laws when you take a property by means of adverse possession?
Not if you follow the correct procedure as "adverse possession" is a legally acknowledged entitlement when someone occupies an empty or abandoned property without the owner's permission, often without his knowledge and without any normal legal right to do so, yet makes it their own transparently. However, until you have "perfected" your claim you are trespassing.
How do you fight adverse possession of your property rite of way?
Adverse possession is a complex area of law that varies from jurisdiction to jurisdiction. You can lose your property if you do nothing. The best way to avoid a claim is to give the person permission to use whatever portion of land they are using without your permission and require that they sign an agreement to that effect. Or, you can give them notice that they are encroaching on your land and demand that they stop. You may need to seek the advice of an attorney who is familiar with your state laws regarding adverse claims. You can read much more about adverse possession at the link below.
Can someone repossess your land via adverse possession if you have the allodial title to the property?
Allodial title is inalienable. That means it cannot be taken by any operation of law for any reason whatsoever.
In CT Can someone claim Adverse possession if they claim that they have been using your driveway to get to their land even if its not them using but someone else only in the summertime?
They would definitely not have an adverse possession claim because that requires exclusive and hostile possession of the land in question. However, they may have an easement by prescription (if they have been using the driveway to access their property for a long time) and/or easement of necessity ( if they have no other access to their property).If you find that the neighbors' use of your land is a problem, you should consult with a real estate attorney in your area immediately.
How many years do you have to pay taxes on someone elses property before it is yours?
In many states you must prove that you have paid or taken care of the property continueously for 10 years before you can make a claim in court for Adverse Possession.
What is adverse claim?
An adverse claim typically means a claim that is against real property by someone other than the registered owner. It means someone is claiming rights to property levied on.
