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Can adverse possession be claimed by a remainderman still subject to a life estate?
Wiki User
∙ 11y ago
A remainderman is the person entitled to the use and possession of real property after the expiration of a life estate. The remainderman is the fee owner but the property is subject to the life estate. While the life tenant is living the life tenant has the right to the use and possession of the property.
The answer is NO. The remainderman cannot claim adverse possession of the property in order to dispossess the life tenant of their interest.
Wiki User
∙ 11y ago
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What has the author Mantha Ramamurti written?
Mantha Ramamurti has written: 'Law of adverse possession' -- subject(s): Adverse possession 'Iyer & Sinha on Law of wills in India and Pakistan' -- subject(s): Wills
What has the author K J Rustomji written?
K. J. Rustomji has written: 'Rustomji on the law of limitation and adverse possession' -- subject(s): Adverse possession, India, Limitation of actions, Time (Law)
In a life estate does the remainder man inherit the property?
The remainderman can sell their interest as a remainderman in the property subject to the life estate. The life tenant has the right to the use and possession of the property for life.
What is the law governing adverse possession in Washington?
In Washington State, the elements that must be met to have a claim of adverse possession are as followed: The possession must be..........1. Exclusive. Only you, or people authorized by you, can have possession of the land in question for the required period of possession (which is 10 years). Courts have ruled that the possession does not have to be absolutely exclusive, so you will want to discuss your particular situation with an attorney (see below).2. Actual and uninterrupted. That means that you actually have possession and control over the land in question, and that possession is not interrupted by an adversary. 3. Open and notorious. An adversary must be aware that his land is being taken. But you don't have to write the landowner, or anything like that. Your possession must be in a manner that is overt, not covert. 4. Hostile. That means that you treat the land in question as your own, and defend it against the world. Adverse possession is not created when you have the permission of the landowner to use his land (so a long-term tenant cannot claim adverse possession).(Chaplin v. Sanders , 100 Wn.2d 853 , 857, 676 P.2d 431 (1984)) You must meet all four of these elements to qualify for adverse possession. You have the burden of proving you met each element. You must have met these elements for a minimum of 10 years.Alternatively, if you have held a property for seven years under a "good faith color of title" and have continuously paid all taxes on that property for seven years, you need only prove actual, open and notorious possession to establish adverse possession. See RCW 7.28.070 . If you believe that you have a claim of adverse possession, or are facing an adverse possession lawsuit, you should see a real estate attorney immediately! Adverse possession is a complicated subject, and you don't want to take it on without the guidance of a qualified attorney at law. To find an attorney in your area, you can follow the link below, which is to the Washington State Bar Association's Lawyer Search. The type of lawyer you want is a Real Property or Real Property/Land Use attorney. Or use your phonebook to look for an attorney near you who offers free consultations.
What has the author Mario Calogero written?
Mario Calogero has written: 'La procreazione artificiale' -- subject(s): Artificial insemination, Human, Human Artificial insemination, Law and legislation 'L' occupazione acquisitiva' -- subject(s): Adverse possession, Eminent domain
What are squatters rights in Illinois?
Squatters have no rights. They are trespassers.The period required for a claim of adverse possession is 20 years.Illinois: In Illinois the period of time for adverse possession must be at least twenty (20) years. This type of easement does not arise if the owner of the servient estate posts a conspicuous notice on the real estate stating that the use of it is permitted and subject to his/her control. Illinois Code §735-5/13-122.
In her will a testator left a life estate to one son and named her other son as remainderman. What happens if the remainderman dies before the son who has the life estate?
Generally, if the mother's estate was duly probated, the property was owned in fee by the remainderman. It would pass to his estate subject to the life estate. However, you should consult with an attorney who specializes in probate and the law of real property in your jurisdiction who can review the situation and explain the status of the property.
What happens if you can't pay your second mortgage?
The lender can foreclose and take possession of your property subject to the first mortgage.The lender can foreclose and take possession of your property subject to the first mortgage.The lender can foreclose and take possession of your property subject to the first mortgage.The lender can foreclose and take possession of your property subject to the first mortgage.
What is the possession of the subject the tapes of jack?
jack
Can you lease out a life estate?
Yes, a life estate can be leased out. It is still subject to the life of the person it was granted to. So that reduces the value unless the remainderman also agrees to the lease.
What happens if someone pays their second mortgage but not their first?
The senior mortgagee (the first) will foreclose and take possession of the property subject to the second mortgage.The senior mortgagee (the first) will foreclose and take possession of the property subject to the second mortgage.The senior mortgagee (the first) will foreclose and take possession of the property subject to the second mortgage.The senior mortgagee (the first) will foreclose and take possession of the property subject to the second mortgage.
What is the possession of the subject toy of the puppy?
puppy's toy
