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How long do you have to make an appeal on adverse possession?
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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.
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).
Adverse possession law in Rhode Island?
The period after which a claim can be made is 20 years. The claim must then be perfected by a court decree that vests title in the claimant. For a good article on adverse possession in Massachusetts see the link provided below.http://massrealestatelawblog.com/2010/06/02/when-good-fences-make-upset-neighbors-adverse-possession-in-massachusetts/
Why does the law recognize Adverse possession?
The historical reasoning behind adverse possession was to clear title to land that had been inadequately surveyed in earlier times and as time passed and the original owner died, ownership became clouded. Much land sat unused and no one knew who owned it. Adverse possession allowed someone to make the land productive again. They would be rewarded for improving the land (which the former owner had abandoned) and improving the land was good for the community- a proper justification for allowing the person who resurrected that land to claim title. However, the doctrine of adverse possession is not so favorably viewed in more modern times. Many legal experts look at adverse possession as legal theft.The historical reasoning behind adverse possession was to clear title to land that had been inadequately surveyed in earlier times and as time passed and the original owner died, ownership became clouded. Much land sat unused and no one knew who owned it. Adverse possession allowed someone to make the land productive again. They would be rewarded for improving the land (which the former owner had abandoned) and improving the land was good for the community- a proper justification for allowing the person who resurrected that land to claim title. However, the doctrine of adverse possession is not so favorably viewed in more modern times. Many legal experts look at adverse possession as legal theft.The historical reasoning behind adverse possession was to clear title to land that had been inadequately surveyed in earlier times and as time passed and the original owner died, ownership became clouded. Much land sat unused and no one knew who owned it. Adverse possession allowed someone to make the land productive again. They would be rewarded for improving the land (which the former owner had abandoned) and improving the land was good for the community- a proper justification for allowing the person who resurrected that land to claim title. However, the doctrine of adverse possession is not so favorably viewed in more modern times. Many legal experts look at adverse possession as legal theft.The historical reasoning behind adverse possession was to clear title to land that had been inadequately surveyed in earlier times and as time passed and the original owner died, ownership became clouded. Much land sat unused and no one knew who owned it. Adverse possession allowed someone to make the land productive again. They would be rewarded for improving the land (which the former owner had abandoned) and improving the land was good for the community- a proper justification for allowing the person who resurrected that land to claim title. However, the doctrine of adverse possession is not so favorably viewed in more modern times. Many legal experts look at adverse possession as legal theft.
What can an owner do to prevent an adverse possession?
There are many things a property owner can do to prevent an adverse possession claim and they all require diligence. The important factor is to not delay when an encroachment is discovered. Know where your property boundaries are and check them regularly for any encroachments. Make certain YOU are paying all the taxes on your property (especially if you own multiple parcels) and that the tax bills match the descriptions of the land you own. If you find a neighbor is encroaching on your land and the encroachment is not serious (with a fence, shed, driveway, footpath, garden, etc.) then give them written permission to use that portion. Have both parties sign it, have it notarized and have two originals. You could even record it in the land records to provide a permanent record. With permission they can never claim adverse possession. Offer an encroacher a rental agreement. Call the police for repeated tresspassing. Notify an unfriendly neighbor by certified mail that they have encroached on your land and ask that the encroachment be removed. Then follow up on it. Hire an attorney if necessary. Patrol your property at least once a year to check for encroachments. In some jurisdictions if you notice a persistent encroachment you can record a notice to prevent an easement in the land records. That may help in any future claims for adverse possession.
If you had no lease but paid rent and property taxes can you claim adverse possession?
Adverse possession typically requires exclusive, continuous, open, and notorious possession of the property for a certain period of time, usually several years, without permission from the owner. Simply paying rent and property taxes may not be sufficient to establish adverse possession if you do not meet all other required criteria. It's best to consult with a legal professional for guidance on your specific situation.
Can I ask the land court to hear my neighbor's claim of adverse possession on land that is being registered?
If someone has a claim of adverse possession that affects land that is in the process of being registered they should make their claim known to the land court ASAP. Once a parcel is registered it is protected by law from adverse possession claims. However, you should advise your neighbor that land court claims are expensive to pursue. It is the obligation of the claimant to provide acceptable proof of their claim. That means expensive legal costs.
If you lived with family for 30 plus years in the state of TN paid all taxes utilities and improved the property yet have no title can you claim adverse possession after the death of the owner?
No, you cannot make an adverse possession claim. The elements of adverse possession require that you be in actual, open, notorious, exclusive, and continuous occupancy of property for the period required by state law in a manner that is HOSTILE to the rights of the owner. If you were there with the owner's permission your occupancy was not adverse. You should consult with an attorney to determine if you may have another type of claim. You would need proof of all the expenses you paid from your own funds and all the improvements you made.
What is the new york state statute of limitations on adverse possession?
To make a claim of adverse possession, the claimant must occupy the property against the rights of the owner, but not hide the fact that he is occupying the property. The claimant must occupy the property continuously past the statute of limitations. If he is removed and then reoccupies, the clock on the statute resets. Also, the time cannot be passed (or 'tacked') on to another claimant. Requirements in NY: 1) the possessor must have actually entered the property and must have exclusive possession of the property; 2) the possession must be "open and notorious"; 3) the possession must be adverse to the rightful owner and under a claim of right; and 4) the possession must be "continuous" for the statutory period of ten years.
How long before you can claim adverse possession in the UK?
You need to register as the owner before you build to make certain your claim is successful. Adverse possession in the UK is governed in part by the Land Registration Act 2002 which provides provides that anyone who occupies registered land without permission from the owner and treats it as his own for 10 years is entitled to apply to be registered as owner, although the system introduced by the Act means that few claims will succeed. You can read more about it at the related link.
Can you get ownership of your driveway easement by adverse possession in New York if the owners of the property have not used or maintained it for thirty years?
No. You have the right of use by permission of the property owner. One of the elements necessary to prove adverse possession is that you use the property in a way hostile to its owner, or, openly and without permission. You should make an offer to purchase the affected property rather than trying to take what is not yours.
Real Estate: Adverse Possession?
When a person purchases a plot of real estate, he or she may not know the laws governing adverse possession. It is important to thoroughly understand the doctrine of adverse possession, to avoid having other people claim one's own land. Adverse possession is simply a common law concept which concerns the title to a piece of real property. Through adverse possession, a person may claim title to another person's real property without compensation. The way in which a person claims this title to another person's real property is by holding the property in a manner that outright conflicts with the real owner's rights for a specific period of time. There are elements a person must meet in order to adversely possess a tract of land. These elements make up an easy acronym to remember, AN ECHO. First, a squatter must hold a tract of land openly and notoriously. These elements fall under the O and N of AN ECHO. The squatter must give reasonable notice to the owner that he or she is claiming dominion on the owner's tract of land. Possession must also be exclusive. This falls under the E of AN ECHO. A squatter's exclusive possession means that he or she can not share possession with the owner or the public. The possession must also be actual. Actual possession means that the squatter must have actual entry on a piece of the land, which will then give rise to constructive possession of the land. Actual possession will make the statute of limitations begin running for possession of the land. A squatter must also be sure to hold a tract of land adversely and hostilely. To further elaborate on what it means to hold land openly and hostilely, hostile means that land is being held without a true owner's consent. The adverse element means that possession must be under a claim of right, and it must look like the possessors actions are claims of ownership. The claims of ownership must appear that way to the surrounding community. Lastly, to hold a tract of land adversely or hostilely, a squatter must pass the objective or subjective test. The objective test is that it looks like a claim of title, but a person says it is not, then it is a claim of right. The subjective test is that the adverse possessor has good faith that he has the title to the land. The other elements that must be met for adverse possession are that possession is continuous and under claim or title or color of title.
