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In many jurisdictions, adverse possession can still be claimed on property that has been auctioned, but it often depends on the specific laws governing adverse possession and the auction process in that area. Generally, once the property is sold at auction, the new owner typically has clear title, which may limit the ability of a squatter to claim adverse possession. However, if the original conditions for adverse possession are met prior to the auction, the original possessor might still pursue a claim, although this can be legally complex. It's advisable to consult a legal expert to understand the implications in your specific situation.
What else can I help you with?
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.
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.
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.
Squatters rights in NY state?
You must use and maintain land openly and adverse to the owner for a period of ten years in NY to maintain a claim of adverse possession. You can read about the new, retooled law at the link below.
Can you not sell land that someone is trying to claim adverse possion?
Yes, you can still sell land that someone is attempting to claim through adverse possession, but the sale may be complicated by the ongoing claim. The buyer may be hesitant to purchase the property if there's a risk of losing it due to the adverse possession claim. It's advisable to disclose any such claims during the sale process and possibly seek legal advice to address potential issues. Ultimately, the outcome will depend on the specific laws in your jurisdiction regarding adverse possession and property rights.
Who is responsible for a property still in the foreclosure process once you vacate the premises?
You are responsible for the property during the foreclosure process up until the property is sold or auctioned.
What is adverse possession?
Every state has different laws regarding adverse possession. You need to discuss your particular situation with an attorney. In general, the five elements that must be met to have a claim of adverse possession are that the possession are as follows:1. Open and notorious. Your possession must be in a manner that is overt (done right out in the open), not covert. Your possession must be seen. That gives the owner notice that you are in possession and the opportunity to eject you.2. Actual and uninterrupted. That means that you actually have possession and control over the land in question, without the owner's consent, and that possession is not only occasional.3. Exclusive. You are the exclusive possessor and actually entered the property for the required period of possession which varies in different jurisdictions.4. Hostile. That means that you treat the land in question as your own against the rights of the legal owner. Adverse possession is not created when you have the permission of the landowner to use his land (so a long-term tenant cannot claim adverse possession).5. Made under a claim based in good faith. Those seeking equity must do equity. So if you acted in bad faith somehow, your claim would be barred. For example, moving the fence to a position where you knew it didn't belong would be considered bad faith.You must have met all five of these elements to qualify for adverse possession. You have the burden of proving you met each element. You must have met these elements for the statutory period required in your state. In most states your title would need to be perfected by a court action.ImportantIf you believe that you have a claim of adverse possession, or are facing an adverse possession lawsuit, you should see a real estate attorney immediately. Adverse possession is a complicated area of law, and you don't want to take it on without the guidance of a qualified counselor at law. You should consult with an attorney who specializes in real estate law.
Is property in foreclosure still considered property of estate?
Yes, until the foreclosure has been completed and the lender has taken possession of the property.Yes, until the foreclosure has been completed and the lender has taken possession of the property.Yes, until the foreclosure has been completed and the lender has taken possession of the property.Yes, until the foreclosure has been completed and the lender has taken possession of the property.
Do we have still have a right on a piece of our property even if the neighbors are claiming they have maintained it?
Laws on adverse possession vary from state to state. Just tell them, "Thank you for taking care of it, but it is our property." Most require that there be hostile intent. Simply taking care of, say mowing the grass, is not enough. Consult an attorney in your jurisdiction for specifics and to see what your rights are.
Can a neighbor remove our wire fence to put up a new cedar privacy fence even though our fence has been there over thirty years and even if the survey says our fence is 8 inches into their property?
Absolutely not! The property line is where the fence is due to the legal doctrines of adverse possession and mutual acquiescence. You need to see a real estate attorney in your area ASAP to prevent the fence from being removed and to assert your rights. Even if the fence has been removed, you can likely still get justice. The link below will give you a basic understanding of adverse possession, which will be supplemented by the advise of your attorney.
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.
If a property dispute suit is filed does said property need to be kept in order to have a case?
It depends on what you are suing for in the lawsuit. If you are suing for adverse possession, for example, your lawsuit would be considered moot after you sold the property (unless the court substituted the new owner as plaintiff). But if you were suing for damage to the property, your state's laws would most likely allow the lawsuit to continue. A real estate attorney in your area can look at your lawsuit and tell you whether or not you still have a case.
