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You cannot claim adverse possession on property you had permission to use. Forget it.
Adverse possession is the possession against the will of the rightful owner to the complete exclusion of the owner. The number of years required to claim adverse possession in Kentucky is 15 years.
An adverse possession must be continuous, open and notorious in order to be valid. In this case, you may have an implied easement, a "right of way," under the lost grant doctrine, depending on how long the Statutory period for an adverse possession is in your state.
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 the land of another for a statutory period of 12 years.
The executor has to defend the estate. They will have to hire an attorney to settle the case.
I would say generally, no. Most statutes require "actual" rather than "constructive" possession. You may want to re-submit with your specific state in the question.In California, it turns out, possession may be through your tenant. We just won our case and gained title through adverse possession where our tenant has occupied the property for the past 10 years. Case law establishes that occupancy by a tenant of the "adverse possessor" has the same legal force and effect as the occupancy by the person claiming by adverse possession. Kellogg v. Huffman (1934) 137 Cal. App. 278,284.Congratulations! As I indicated, statutes are state specific. While you are on the "left" coast, I am on the "right" coast where things tend to be interpreted more conservatively. Thank you for the updated response.
Yes it appears that Alabama Code §6-5-200 allows adverse possession after 10 years under recorded color of title, and, otherwise, after 20 years. The 20 years is not in the statute, but it appears to be in Alabama's Common Law. On its face, it appears to be a standard adverse possession statute, but I would disclaim that I am neither a lawyer nor a citizen of Alabama. You can research the statute or Alabama case law on FindLaw.com. Hope this helps you a little.
It sounds like a relatively clear case of "adverse possession" where uninterrupted and uncontested use of property over an extended period of time essentially constitutes a waiver of the landowner's right to deny the use. The period of uninterrupted use varies from jurisdiction to jurisdiction, but 33 years pretty much establishes a claim of adverse possession. In the case of a driveway, the key is that the use must be uninterrupted for the necessary period. If that driveway is blocked off by the landowner for one day a year, the use is considered to have been interrupted and a claim for adverse possession is usually negated. However, you should consult with an attorney. A claim of adverse possession must be perfected by a court order in many jurisdictions.
First, you must determine whether your state subscribes to the legal doctrine of "adverse possession." This can easily be determined by calling a real estate lawyer--I would choose one who gives "free consultations." If the answer is yes, then you will need to initiate a lawsuit to quiet title to the building and land through the theory of adverse possession. In sum, if your state has adverse possession, your neighbors have no case.
The Genitive Case shows possession or ownership!
Of or pertaining to possession; having or indicating possession., The possessive case., A possessive pronoun, or a word in the possessive case.
no