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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 a person claim adverse possession if they pay rent without a signed lease?
No. A tenant is using the premises with the permission of the owner.
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.
Can I win a adverse possession eviction case?
You cannot claim adverse possession on property you had permission to use. Forget it.
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.
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.
Where to file the adverse claim?
Generally, an adverse possession suit is filed in a court of equity.
Does adverse possession apply to bank property?
It would if you met all your state's requirements for making a claim under adverse possession.
Can I claim adverse possession when the possession is through my tenant and I am acting as landlord?
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.
What is the process for adverse possession in Kentucky?
The Adverse Possession in Texas is also known as the Squatter's Right. The process of adverse possession in Texas must start with a claim. Thereafter a due judicial procedure will be followed.
What is the right of a tenant who lives 56 years in a land?
Nothing. Most people in the middle ages didn't live beyond 25 years old and if he had the land was still owned by the manor.A Legal PerspectiveA tenant acquires no rights in land that is rented, leased or used with the permission of the owner. You may be thinking of adverse possession but an adverse possession claim cannot prevail if the use was permitted.
What are the essential requirements for success in an adverse possession case in Kentucky?
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.
