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Can you obtain property through adverse possession if it is owned by the city of Philadelphia?
Generally you cannot claim land of the government through adverse possession. However, in Pennsylvania only state, federal, school, and land dedicated to some public use land is completely protected. There are certain circumstances where land owned by a local political body may be exposed to an adverse possession claim. You can read more about it in the PDF file in the link below.
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What is adverse position?
Adverse possession is an option of getting title for real property through possession. This is gaining the ownership through continuous hostile possession which excludes the true owner.
Do you have to pay tax on an adverse possession property to claim title. If so how can this happen if you do not own it?
Yes, in many jurisdictions, you must pay property taxes on an adverse possession property to claim title. This requirement is based on the principle that to gain ownership through adverse possession, the claimant must treat the property as their own, which includes paying taxes. Even if you do not have legal ownership, paying property taxes demonstrates your claim and intention to possess the property. Failing to pay taxes can undermine your adverse possession claim.
Can you do an adverse possession then rent the home out?
Yes, it is possible to claim adverse possession on a property and then rent it out, provided you meet the legal requirements for adverse possession in your jurisdiction. This typically involves occupying the property openly, continuously, and without permission for a statutory period. However, once you legally obtain the title through adverse possession, you should ensure that you comply with local landlord-tenant laws when renting out the property. It's advisable to consult with a legal expert to navigate both the adverse possession claim and the rental process properly.
Can a person claim adverse possession of a property on behalf of the previous owner who is now deceases In this case a daughter inherited a property from her mother and within 6 months claimed possess?
Generally, a person cannot claim adverse possession on behalf of a deceased owner. Adverse possession requires that the claimant possess the property in their own right, not as a representative of another. In the scenario described, since the daughter inherited the property from her mother, she would not need to claim adverse possession; she already has legal ownership of the property through inheritance. Adverse possession typically applies when someone occupies land without the owner's consent, which is not the case here.
How can one legally acquire ownership and take possession of property?
One can legally acquire ownership and take possession of property by purchasing it through a sale agreement, inheriting it through a will or trust, receiving it as a gift, or obtaining it through a legal process such as foreclosure or adverse possession.
Can you get title to property through adverse possession for an 1' encroachment?
As long as you have satisfied your state's prerequisites to adverse possession with regard to the 1' piece of land, you may begin adverse possession proceedings. However, since the piece of land is only 1', you should seriously consider not pursuing an adverse possession claim. Not only will you have to pay an attorney to represent you in court, you also have to live next to the neighbor whose property you are adversely possessing. If you want to pursue adverse possession, it is highly recommended that you try mediation before going to court. (See below link.)
Can Adverse possessor sell property?
Yes, an adverse possessor can sell property, but the legality of the sale depends on the jurisdiction and the specifics of the adverse possession claim. If the adverse possessor has met all the legal requirements for adverse possession, they may obtain legal title and sell the property. However, potential buyers should conduct due diligence to ensure that the title is clear and that there are no challenges to the adverse possessor's claim. It's advisable for the adverse possessor to formalize their claim through legal means before attempting to sell.
How can one claim adverse possession in Florida?
To claim adverse possession in Florida, a person must openly and continuously use someone else's property without permission for a certain period of time, typically 7 to 20 years, depending on the circumstances. This use must be exclusive, meaning the person is treating the property as if it were their own. After the required time has passed, the person can file a legal claim to gain ownership of the property through adverse possession.
If the property owner is deceased with no living relatives can 2 or more people claim adverse possession?
Yes, if there are no living heirs then the property may be claimed through adverse possession after all requirements have been fulfilled and the statute of limitations has passed for the state where the property is located.
What is length of time for adverse possession in west Virginia?
In West Virginia, the length of time required for adverse possession is 10 years. This means that someone must openly and exclusively use another person's property for 10 consecutive years in order to claim legal ownership of it through adverse possession.
Squatters rights in NY state?
You must use and maintain land openly and adverse to the owner for a period of ten years in NY to maintain a claim of adverse possession. You can read about the new, retooled law at the link below.
Can passing through a neighbor's property during daily walks over 10 years constitute adverse possession?
An adverse possession must be continuous, open and notorious in order to be valid. In this case, you may have an implied easement, a "right of way," under the lost grant doctrine, depending on how long the Statutory period for an adverse possession is in your state.
