0
Can adverse possession be used by new owners of a building built 20 years before they bought the property?
Yes. In many states, adverse possession claims can be based on the actions of previous owners. However, if the adverse possession has ceased to exist for a particular time (determined by your state's statutes of limitations), then you would not have a claim.
I suggest that you talk to a real estate attorney in your area. He or she will be able to help you with your particular situation and your state's laws.
What else can I help you with?
How does adverse possession apply to new owners?
Adverse possession allows a person to gain legal ownership of a property by openly using it without the owner's permission for a certain period of time. When a new owner acquires a property, they may be at risk of losing ownership if someone else can prove adverse possession occurred before the new owner took possession.
Can you get title to property through adverse possession for an 1' encroachment?
As long as you have satisfied your state's prerequisites to adverse possession with regard to the 1' piece of land, you may begin adverse possession proceedings. However, since the piece of land is only 1', you should seriously consider not pursuing an adverse possession claim. Not only will you have to pay an attorney to represent you in court, you also have to live next to the neighbor whose property you are adversely possessing. If you want to pursue adverse possession, it is highly recommended that you try mediation before going to court. (See below link.)
Can Adverse possessor sell property?
Yes, an adverse possessor can sell property, but the legality of the sale depends on the jurisdiction and the specifics of the adverse possession claim. If the adverse possessor has met all the legal requirements for adverse possession, they may obtain legal title and sell the property. However, potential buyers should conduct due diligence to ensure that the title is clear and that there are no challenges to the adverse possessor's claim. It's advisable for the adverse possessor to formalize their claim through legal means before attempting to sell.
Is it legal to Purchase property from an adverse possession claiment?
Yes, it is generally legal to purchase property from an adverse possession claimant, but the legality can depend on specific state laws and the circumstances of the claim. Buyers should ensure that the adverse possession claim is valid and that the claimant has met all legal requirements, such as continuous use and open possession for a statutory period. It's advisable to conduct thorough due diligence and consult with a real estate attorney before proceeding with such a transaction.
How many years do you have to pay taxes on someone elses property before it is yours?
In many states you must prove that you have paid or taken care of the property continueously for 10 years before you can make a claim in court for Adverse Possession.
Interruption of adverse possession?
An "interruption" generally refers to a situation in which the true owner takes possession for a time before the adverse possessor's title ripened. Such an event would require the adverse possessor to start the clock all over again.
What are the laws in Nevada regarding adverse possession?
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 persons. It cannot be hidden but must be open and notorious in order to put other persons on notice as to one's claim for possession of the real estate.New Mexico: In New Mexico, the duration of such possession is ten (10) years. New Mexico Code §37-1-22.From: http://www.lawchek.com/resources/forms/que/advposs.htm (viewed on 10/08/08)
When a person builds an improvement that extends onto the property of a neighbor it is called what?
It is called encroachment. Be sure you know the boundaries of your property before opening a discussion with your neighbor. If you decide to let the neighbor use this portion of the property, be sure to get it in writing you are allowing the use. Without a written document, signed by both parties and notarized, the neighbor could eventually claim the property through adverse possession. Read up on the real estate laws for your area.
What to do when your neighbors barn is partly over property line?
Hope that you have an agreement with your neighbor that allowed this and did not require him to remove it at his expense, because if not it is possible, depending on the laws of the state where this is the situation, your neighbor may have obtained legal rights to the land immediately beneath that part of the barn, through what's called "adverse possession". If you're sure this is the case, you may still be able to get your neighbor to agree and waive adverse possession just to keep peace between you, but you'll most likely have to continue to allow the barn to stay where it is. This is a complex issue and you should consult with an attorney. Any encroachment on your property constitutes a title defect and should be resolved before you sell or refinance your property or it passes to your heirs.
How long do you have to have something before its legall yours?
The concept of "having something long enough for it to be legally yours" varies by jurisdiction and the type of property. Generally, in the context of personal property, the principle of "adverse possession" allows someone to claim ownership after a certain period of continuous and open possession, which can range from 5 to 20 years depending on local laws. However, this does not apply to all types of property and often requires meeting specific legal criteria. For personal items, simply possessing them does not grant legal ownership unless they were abandoned or given to you.
How many years before a person can claim squatters rights in Tennessee?
In Tennessee, a person can claim squatters' rights, also known as adverse possession, after occupying a property for at least 7 years. To qualify, the occupation must be continuous, exclusive, and open, and the squatter must also have a claim of right or color of title. Additionally, the squatter must pay property taxes on the land during that period.
How long before it considered abandonment?
You have asked a question that requires broad legal research in the laws of each state so an answer can only be provided in general terms. Abandoned real property is an issue often confused by the layperson's understanding of the term "abandoned", the legal definition and the law of real property. Generally, from a legal point of view in the United States, title to real property cannot be lost by abandonment. Generally, when real property is not transferred by deed or by a probate proceeding, court action is required to acquire legal title. In a case where a co-owner demonstrated long term non-use, failure to maintain and repair the property or failure to pay property taxes, the other owner may persuade a court to vest title in the owner who has maintained the property and paid the taxes. A town can take real property from an owner who "abandons" property by failing to pay property taxes. Once the land has been taken title can be perfected by the town by a court proceeding and the land can be sold with clear title. This is generally the fate of real property that has been abandoned by the owner. Under the doctrine of adverse possession, a person could make open and notorious use of "abandoned" property for a statutory period and then acquire title according to state laws that govern adverse possession. In Massachusetts, a claim of adverse possession would need to be perfected by a court proceeding to vest title in the claimant.
