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The answer varies in different jurisdictions. In some you need only register your claim in the land records by a written claim. In others, you must perfect your claim by a court decree. You need to consult with an attorney in your jurisdiction who can review your situation and explain the requirements in your state.
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Can I win a adverse possession eviction case?
You cannot claim adverse possession on property you had permission to use. Forget it.
If the property owner is deceased with no living relatives can 2 or more people claim adverse possession?
It is possible for 2 or more people to jointly claim adverse possession of the property, but they must meet the legal requirements individually as co-owners. They must openly occupy and use the property continuously for the required period, usually between 5 to 20 years depending on the state's laws. It is advisable to consult with a legal professional to understand the specific laws and implications.
Can you claim adverse possession of state or school owned land in Kentucky?
You cannot make a claim of adverse possession on any government owned land. It is exempt from such claims.
Where to file the adverse claim?
Generally, an adverse possession suit is filed in a court of equity.
Does adverse possession apply to bank property?
It would if you met all your state's requirements for making a claim under adverse possession.
What is the process for adverse possession in Kentucky?
The Adverse Possession in Texas is also known as the Squatter's Right. The process of adverse possession in Texas must start with a claim. Thereafter a due judicial procedure will be followed.
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).
How do you claim adverse possession in Wisconsin?
According to the information at the link provided below there are three ways to claim adverse possession. If the claim is based on a recorded written document and the claimant has paid property taxes on the property, the claimant must have maintained possession for seven years. If the claim is based on an inaccurate written document but the claimant did not pay taxes, the time period for maintaining possession is 10 years. If no documents are involved and the adverse possessor has not paid property taxes on the property, then the time period for maintaining possession is 20 years (Sec. 893.25-893.32). Title by adverse possession must be established by a court decree.
What is the adverse possession law in Nebraska?
In Nebraska, the duration of such possession is ten (10) years. Nebraska Code §25-202. One who claims title by adverse possession must prove by a preponderance of the evidence that he or she has been in actual, continuous, exclusive, notorious, and adverse possession under a claim of ownership for the full 10-year period mandated by this section. A claim in the nature of a life estate is not a "claim of ownership" within the meaning of the adverse possession doctrine. Lewis v. Poduska, 240 Neb. 312, 481 N.W.2d 898 (1992).
Can an Adult child living with mother claim adverse possession after her death if the house is in a sister's name?
The child was living in the house with permission. Permissive use is a bar to any claim of adverse possession. I assume the property is owned by a second child.
Can a homeowner request adverse possession of common area?
No. Adverse possession must be exclusive for the statutory period of time. Since a common element is used by multiple people, unless you can prove you were the only one who used the common area during the statutory period, you have no claim of adverse possession.
What is the law on adverse possession in Nebraska?
In Nebraska, the duration of such possession is ten (10) years. Nebraska Code §25-202. One who claims title by adverse possession must prove by a preponderance of the evidence that he or she has been in actual, continuous, exclusive, notorious, and adverse possession under a claim of ownership for the full 10-year period mandated by this section. A claim in the nature of a life estate is not a "claim of ownership" within the meaning of the adverse possession doctrine. Lewis v. Poduska, 240 Neb. 312, 481 N.W.2d 898 (1992).
