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How does adverse possession impact the legitimacy of a deed to land?
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Can a neighbor claim adverse possession of a property after it has changed owners and the new owners bought through lawyers thought they bought a clear title and have only owned it for 8 months?
It is certainly possible. The "owner" of an adverse possession interest can sit quietly on this ownership, until someone tries to retake the claim, such as when a new neighbor comes along with a deed purporting to include the land which is actually no longer owned under any deed. As a rule, adverse possession does not show up in any title search and many title companies disclaim any liability for un-indexed claims like that. If the neighbor's adverse possession was completed (i.e., their possession conformed to all the local requirements), then they have owned it since then and have no obligation to tell you or anyone else about it (unless otherwise required by local statutes). The fact the previous owner didn't know about it is too bad for them, if they gave a warranty deed. The new "owner" (of deed) may file an action to quiet title, and see if a court will dismiss their claim of adverse possession. If not, then the new deed is worthless, except for the part that says "with warranty covenants." This phrase will allow them to get their money back because the deed did not convey the title it claims to.
When do I officially own property gained through adverse possession in Maryland I have maintained the property for 25 years but haven't filed for a legal deed to the property is it still mine?
The period required for a claim of adverse possession in Maryland is 20 years. However, you may need a court decree to perfect your title. You should consult with an attorney who specializes in real estate law.
Can you have a deed on a relatives land if they said you could put a home on a corner of the property in wyoming?
Not unless the relative gives you one. You have permission to use the land (to put a house on). That means your possession is not adverse, so you can't get deed to the land (not even the land the house is physically on) no matter how long you occupy it.
Can you convey property by deed if you don't own it?
if you have a deed in your possession can you claim it if the person is deceased Not necessarily. There may be other terms and conditions. Just possession of a deed doesn't mean sole ownership.
What is adverse possession without color of title?
"color of title" means the squatter has a document that appears to convey ownership of the property being taken, such a defective deed. "without color of title" is any other taking by adverse possession of property, based primarily upon continued trespass for longer than the required statute of limitations, and some state require "cultivation, improvement, or enclosure" of the property, as a demonstration of the extent to which the property has been "occupied".
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 shows ownership?
Possession, deed, bill of sale, receipt, etc
You lived in a house for 5 years and were evicted by the new owners. Can you sue them for using false information about the purchase date and interfering with your right to adverse possession?
A tenant cannot prevail in an adverse possession claim because they were using the property with the permission of the owner. One of the elements of adverse possession is that the property is used without the owner's permission. The date that the title was transferred to the new owner is recited on the deed and the deed is available in the public land records. An earlier purchase date may be recited in the contract to purchase- when the actual sale was made.You need to consult with a local landlord/tenant agency for information regarding your problem. If that's not possible then try the local housing court. If that fails then you need to consult with an attorney who specializes in real estate law and landlord/tenant issues. Laws that govern issues of this type vary from state to state.
Can supplementary deed supersede trust deed?
The only effective deed is a deed signed by the current owner of the property or in the case of a trust, the current trustee of a trust that owns property. If the owner conveys property by a deed after they have granted a mortgage by a trust deed the property is subject to the mortgage and if it's not paid the lender can take possession of the property.The only effective deed is a deed signed by the current owner of the property or in the case of a trust, the current trustee of a trust that owns property. If the owner conveys property by a deed after they have granted a mortgage by a trust deed the property is subject to the mortgage and if it's not paid the lender can take possession of the property.The only effective deed is a deed signed by the current owner of the property or in the case of a trust, the current trustee of a trust that owns property. If the owner conveys property by a deed after they have granted a mortgage by a trust deed the property is subject to the mortgage and if it's not paid the lender can take possession of the property.The only effective deed is a deed signed by the current owner of the property or in the case of a trust, the current trustee of a trust that owns property. If the owner conveys property by a deed after they have granted a mortgage by a trust deed the property is subject to the mortgage and if it's not paid the lender can take possession of the property.
How do you obtain property by aquisition?
Acquisition is the act of procuring something. Generally, real property is acquired by virtue of an acquisition deed. However, acquisition of real property can occur by other means such as foreclosure, taking, court order and inheritance.
Does a city have an easement even if not stated in the deed?
Many easements are not in the property deed. They may arise from other deeds (especially deeded easements), subdivision plats, or other recorded documents (court orders, etc), or could become easements by some legal process (such as adverse possession, or easement by prescription or by necessity). A title search may turn up indicators of easements not in the property deed, but not necessarily all rights are recorded.
When refinancing mortgage do both spouses have to be on mortgage in TN?
If both are on the deed then both must sign the mortgage so that in the case of a default the lender can take possession of the property by foreclosure.If both are on the deed then both must sign the mortgage so that in the case of a default the lender can take possession of the property by foreclosure.If both are on the deed then both must sign the mortgage so that in the case of a default the lender can take possession of the property by foreclosure.If both are on the deed then both must sign the mortgage so that in the case of a default the lender can take possession of the property by foreclosure.
