0
If a person fails to get a deed to a property that they claim adverse possession on what happens?
Wiki User
∙ 15y agoWant this question answered?
Be notified when an answer is posted
Add your answer:
Earn +20 pts
Does a property owner have less rights than a person claiming adverse possession?
That depends on the details. If the adverse possessor has met the time requirement for adverse possession the property owner has no defense to the action.
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).
Can adverse possession be claimed by a remainderman still subject to a life estate?
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 tenant of their interest.
A person maintains a small piece of County property adjacent to their own property for 12yrs that would be used as a side entrance to an additional subdivision can that be adverse possession?
Generally, property owned by a town, county, state or federal government cannot be acquired by adverse possession. However, there are some exceptions. You would need to research your particular state to determine what the law is in your state.
Can someone who has lived in a house rent free for forty years claim possession?
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.
What is claim of title for Florida for property?
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 acres of the entire five acres, but they will get the full five acres.Adverse possession is a complicated area of law in Florida and claimants are given certain rights. See related link.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 acres of the entire five acres, but they will get the full five acres.Adverse possession is a complicated area of law in Florida and claimants are given certain rights. See related link.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 acres of the entire five acres, but they will get the full five acres.Adverse possession is a complicated area of law in Florida and claimants are given certain rights. See related link.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 acres of the entire five acres, but they will get the full five acres.Adverse possession is a complicated area of law in Florida and claimants are given certain rights. See related link.
What are the provisions of Irish law on adverse possession?
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.
What are Oregons laws regarding adverse possession?
Chapter 950 Oregon Laws 1999 Session Law AN ACT HB 2383 Relating to adverse possession; creating new provisions; and amending ORS 105.620. Be It Enacted by the People of the State of Oregon:SECTION 1. ORS 105.620 is amended to read: 105.620. (1) A person may acquire fee simple title to real property by adverse possession only if: (a) The person and the predecessors in interest of the person have maintained actual, open, notorious, exclusive, hostile and continuous possession of the property for a period of 10 years; (b) At the time the person claiming by adverse possession or the person's predecessors in interest, first entered into possession of the property, the person entering into possession had the honest belief that the person was the actual owner of the property and that belief: (A) By the person and the person's predecessor in interest, continued throughout the vesting period; (B) Had an objective basis; and (C) Was reasonable under the particular circumstances; and (c) The person proves each of the elements set out in this section by clear and convincing evidence. (2)(a) A person maintains "hostile possession" of property if the possession is under claim of right or with color of title. "Color of title" means the adverse possessor claims under a written conveyance of the property or by operation of law from one claiming under a written conveyance. (b) Absent additional supporting facts, the grazing of livestock is insufficient to satisfy the requirements of subsection (1)(a) of this section. (3) As used in this section and ORS 105.005 and 105.615, "person" includes, but is not limited to, the state and its political subdivisions as created by statute. SECTION 2. The amendments to ORS 105.620 by section 1 of this 1999 Act apply to claims filed on or after the effective date of this 1999 Act. Approved by the Governor August 16, 1999 Filed in the office of Secretary of State August 16, 1999 Effective date October 23, 1999http://www.leg.state.or.us/99orlaws/sess0900.dir/0950ses.html
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)).
Someone is renting your land after a few years do they have an appeal to your land?
Answer: By renting your land they are acknowledging that you are the owner. There would be no grounds for an adverse claim. Adverse possession arises when a person uses someone else's property without permission of the owner of the property. A landlord and tenant relationship clearly demonstrates that the property was used with the permission of the owner.
If you take care of property next to your property for over ten years do you have any claim on it?
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 snow, [paying the taxes - which may or may not apply] etc., that person is entitled to file for possession of that property through adverse possession for that property.The 21 years must be continuous: each and every day something must be done to that property. When there is even one day missed doing something to that property, the 21 years begins over again, from the very beginning - from Day 1.
How do you fight adverse possession of your property rite of way?
Adverse possession is a complex area of law that varies from jurisdiction to jurisdiction. You can lose your property if you do nothing. The best way to avoid a claim is to give the person permission to use whatever portion of land they are using without your permission and require that they sign an agreement to that effect. Or, you can give them notice that they are encroaching on your land and demand that they stop. You may need to seek the advice of an attorney who is familiar with your state laws regarding adverse claims. You can read much more about adverse possession at the link below.
