How long does another persons property have to be in your possession until you have legal claim to it?
No. Adverse possession is established when you use property without the permission of the landowner. Since you are renting, you have no adverse possession claim. Each rent payment constitutes asking your landlord's permission to use the property. Read More
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… Read More
No because the tenant has permission to be on the property. Adverse possession is when you use the property of another without permission and openly, for a period of years that varies in different jurisdictions. No because the tenant has permission to be on the property. Adverse possession is when you use the property of another without permission and openly, for a period of years that varies in different jurisdictions. No because the tenant has… Read More
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… Read More
You cannot claim adverse possession on property you had permission to use. Forget it. Read More
You purchased a property that has used someone elses property for 50 years Can you claim adverse possession?
If you can prove that, for at least the statutory period, the previous owner had possession of the land of another, and that possession was open and notorious, actual and uninterrupted, exclusive, hostile, and based on a claim made in good faith, then you have a prima facie case of adverse possession. The next step is to contact a real estate attorney in your area to discuss having title to the adversely possessed land quieted… Read More
It would if you met all your state's requirements for making a claim under adverse possession. Read More
In Michigan if you are taking care of property adjacent to yours for 24 years do you have claim of adverse possession?
If you have been "taking care" of the property by agreement or permission you cannot make a claim of adverse possession. If you have been using the property continuously, openly and contrary to the rights of the owner then you may have a claim. You should consult with an attorney who specializes in real estate law in your area if you think you have a claim. You need to know how to perfect your claim… Read More
Yes, as long as you have met the requirements needed to perfect a claim of adverse possession in your jurisdiction. Yes, as long as you have met the requirements needed to perfect a claim of adverse possession in your jurisdiction. Yes, as long as you have met the requirements needed to perfect a claim of adverse possession in your jurisdiction. Yes, as long as you have met the requirements needed to perfect a claim of… Read More
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… Read More
Can you claim adverse possession on property if you have paid delinqunt taxes and maintenance on the property for 17 years in the state of Texas?
I have paid delinquent taxes and maintenance on my deceased great -grandmother's property for seventeen years. She did not have a will. Can I file an adverse possession for the title on the property, in the state of Texas? Read More
Briefly, the legal provisions for a claim of adverse possession in Ireland are as follows. The period of possession is 30 years free of any demand for rent for a leasehold property; 12 years possession against a known owner, extended in the case of a minor; 30 years against an unknown owner, a lunatic or the state. In Northern Ireland and the UK a claim of adverse possession requires that a person take possession of… Read More
Claim of title is a term that is related to adverse possession. An adverse possessor of property may acquire title from another by openly occupying their land and paying real property tax for at least seven years. The adverse possessor must file their claim under certain legal theories. Under claim of title, they get only what they actually possessed. If adverse possession is claimed under color of title, a person may have only cleared two… Read More
You must pay the mortgage or the lender will take possession of the property by foreclosure. Read More
No. You cannot lay claim to that property by committing an illegal activity to get it such as breaking and entering. Read More
No. The term "adverse possession" refers to the acquisition of a fee interest in land. "Prescriptive easement" is the term used when speaking of easement rights. There are different requirements in different jurisdictions for making a claim of an easement by prescription. Although the requirements are similar to adverse possession they are not as vigouous and the claimant only acquires a right to use the property of another, not outright ownership of the property. The… Read More
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. Read More
You can't. The city or town must take possession of the property for non-payment of property taxes, clear the title and then the town can sell the property to a new owner. Through a claim of adverse possession you could set up residence in the house, pay all the taxes, improve the property and then wait several years (5 to 20 depending on state law) until you have met the state requirement to file a… Read More
Adverse possession is without the permission of the owner. Permissive possession is with the permission of the owner. If you have the permission of the owner to use the property that means you can never make an adverse claim to wrest title from the owner. Read More
Tennessee adverse possession I paid taxes for the last 25 years on the 100 ft by 200 ft piece of property that a friend allow me to put my trailer on . Can I claim property as adverse possession?
One of the elements of an adverse possession claim is that the use of the land must be open AND notorious. You have been using your friend's property with his permission. Therefore your use has not been notorious. Perhaps your friend will quitclaim the parcel to you. See the link provided below for a quick guide to adverse possession laws. Read More
One must purchase the property from the owner or meet the state requirements to perfect a claim of adverse possession. Read More
Can you claim a claim of right to a property if you were living on the property without a lease by agreement of the homeowner?
No. "by agreement of the property owner" are the key words here. Even though there was no written lease, you had the oral permission of the property owner to use the property. Therefore, you use of the property was not hostile, and fails the third prong of the adverse possession test. (MUENCH v. OXLEY, 90 Wn.2d 637 (provides that a person claiming adverse possession must use the property without the owner's permission)). Read More
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. Read More
May a Squatter claiming adverse possession property of neighbor and sues to quiet title finding another Squatter has claimed the same property by adverse possession who gets quiet title?
Preface: I had to read this question several times. Pardon my obvious confusion. All references are as to the laws of the State of Washington. Adverse possession can only be met by proving each of the following elements (Muench v. Oxley, 90 Wn. 2d. 637, 584 P2d. 939 (1978)): the possession must be open and notorious, actual and uninterrupted, hostile, exclusive, and under a claim made in good faith. The necessary period of possession is… Read More
Abandonment is knowing relinquishment of one's right or claim to property without passing rights to another and with no intention to reclaim possession. Deserstion of one's spouse or child. Read More
If I have rented for minimal amount and done all the repairs for 34 years do I have claim to the property?
No. Your adverse possession claim would fail on the 3rd prong--hostile. A person who asks permission to use property does not have an adverse possession claim. If you are paying rent to a landlord, then you are asking permission to use the property, as far as the law is concerned. See MUENCH v. OXLEY, 90 Wn.2d 637, 584 P.2d 939 (1978) (WA). Read More
Quit claim deeds are used to convey a persons interest in a property to another person. It can be the person you have a joint ownership with or someone else. You can only convey the interest you have so it depends on how you took title and what kind of ownership you have. Read More
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… Read More
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… Read More
What if there is still a bank loan on the property you are trying to file an adverse possession on.?
The bank has a prior interest and you would have to pay it if your claim is successful. Read More
In CT Can someone claim Adverse possession if they claim that they have been using your driveway to get to their land even if its not them using but someone else only in the summertime?
They would definitely not have an adverse possession claim because that requires exclusive and hostile possession of the land in question. However, they may have an easement by prescription (if they have been using the driveway to access their property for a long time) and/or easement of necessity ( if they have no other access to their property). If you find that the neighbors' use of your land is a problem, you should consult with… Read More
Generally, if the person was using the property with the permission of the owner they are barred from claiming adverse possession. You should consult with an attorney about drafting a written agreement regarding the use of the property. Read More
You can quit claim your rights to the property. However, that doesn't quit claim your spouse's rights to the proprty. Once married the spouse in most states has rights to the property. Read More
If your name is on the deed then you own the property. You do not need to be married to own property. If two people are named on the deed they each own a 50% interest in the property and each have the right to the use and possession of the whole property. Read More
If my husband owns a property with his ex-wife and they share the mortgage on the property am I liable for anything if he dies or defaults on the loan?
No. If he dies and defaults on the loan the bank's recourse is to take possession of the property by foreclosure. The bank has no claim against you. Read More
Adverse Possession Adverse possession is the taking of title to real estate by possessing it for a certain period of time. Title means ownership of real estate. The person claiming title to real estate by adverse possession must have actual possession of it that is open, notorious, exclusive and adverse to the claims of other persons to the title. By its very nature, a claim of adverse possession is hostile to the claims of other… Read More
Not if you did so with the permission of the owner. In many cases a homeowner will maintain a portion of their neighbor's property in order to protect the value of their own property. If you maintained the property without the permission of the owner but openly, you should consult with an attorney in your state who is familiar with the law of real property who can review the situation and determine if you have… Read More
What if people are using a property thinking it is theirs but they have a deed to a different property?
If they have used it for the statutory period (around 10 years--varies by state), and the possession is open and notorious, actual and uninterrupted, hostile, exclusive, and based on a claim made in good faith, then the people may have a claim of adverse possession. You would need to talk to a real estate attorney in your area for specifics on your state's laws. Read More
Your name is on a quit claim deed but the mortgage is in another person name can the bank take your house?
Whoever granted the mortgage to the bank must have owned the property at that time. If they later conveyed the property to a new owner they breached their mortgage agreement with the bank and the new owner took the property subject to the mortgage. The bank can take possession of the property if the mortgage isn't paid. Read More
The act of taking ownership of property because it has been cared for by the owner of an adjacent property?
the term is adverse possession...it requires generally a period of 10 years of ongoing open, hostile, continuousand notorious use of the property that you attempt to claim Read More
You are asking about "adverse possession". In Pennsylvania, merely "taking care of property next to your property for over 10 years" does not allow you to make any claim for that property. In Pennsylvania, adverse possession "MUST be open, notorious and hostile for a period not less than 21 years." This means when a person puts up a fence around that property, maintains it as though it were his/hers - cutting the grass, shoveling the… Read More
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. Read More
For persons over age 65 and nursing home residents, the state may file a lien on real property and an estate claim to recover payments made by Medicaid. Read More
The phrase, "possession is nine tenths of the law", is though to be an ancient concept from English Common Law but it may be older. It implies that one who is in possession of property is most likely the rightful owner and can be assumed to be the rightful owner outside of a court's jurisdiction. The one who is in possession of property has a stronger claim than someone who merely says it belongs to… Read More
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. Read More
A bank's defense, or any property owner's defense, would be that the adverse claimant hasn't met the state requirements for a valid claim. Read More
The persons who are authorized to sell the real estate of a decedent are named in the probate file at the court of jurisdiction. Read More
Can I claim adverse possession of a beachfront common area shared by me and another homeowner after using common areas for 10 years?
You haven’t provided enough information. Generally, common beach areas are used by permission and that permission is set forth in the deeds for lots that abut the beach. You cannot claim property by adverse possession when the owner has granted permission to use it. The other home owner also has the right to use the common beach area. Read More
Another person claim you are on their proberty but you have been there for 62 years They say we have to sell to them or buy the property can they do that?
You should consult with an attorney who specializes in real estate law as soon as possible. If you have been openly using the property for 62 years you probably have a valid claim of adverse possession. However, in most jurisdictions that type of claim needs to be perfected by a court decree. If you do nothing then you might lose rights and the problem will become worse, affecting the title to your property. The attorney… Read More
Can a corporation who paid property taxes on land owned by someone else for 25 years claim adverse possession?
Why would the corporation pay property tax on land owned by someone else? Was it intentional or accidental? If accidental, who is at fault? Read More