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Adverse Possession

Adverse possession is the taking of title to real estate by possessing it for a certain period of time. The person claiming title to real estate by adverse possession must have actual possession of the real estate that is open, notorious, exclusive, and adverse to the claims of others to title of the real estate.

481 Questions

What is a suppression hearing?

A suppression hearing is an opportunity to have a judge look at the evidence against you and determine whether it is allowed at trial. It's not something you want to bank on unless the police violated your rights.

Who wins in a dismissed with prejudice case?

No one 'wins,' but what it means is that the defendant can not be re-charged for the same offense.

Without prejudice means that the state can bring the same charge again.

Can someone claim ownership without name on deed?

There are other ways to acquire an interest in real estate such as inheritance. The title to the property would need to be examined by a professional.

If a not-for-profit organization leaves a storage building on private property in KY for 8 years without paying any rent who owns the building--the organization or the property owner?

It probably does NOT matter whether the building is from a non-profit organization or not. The main issues seem to be:

A) WHether or not you notified the landowner that you were leaving something on their property.

B) Whether or not they agreed to it and

C) How long the agreement stipulates you may leave it (if they DO agree--this is important since often, when a tenant "quits" a property, the landlord may agree that you can leave things behind, but then go back on the deal, especially if the thing has value. This happened to us (involving our child's wooden play-gym). The owner agreed we could leave it until we arranged to have it picked up. But when we went to get it, they had sold it to a neighbor!

Though nothing was in writing, they claimed "abandonment of property" and we merely said we would call the police and claim "theft". Their lawyer advised them to return the gym, which they did, probably since they had taken the extra liberty of selling it to someone not involved! It's a sticky situation and with landlords and tenants, it's best to get everything in writing if possible.

In most states, any property left for a certain amount of time on someone else's property is considered to be "abandoned", unless there is an agreement otherwise. The owner of the land does NOT usually have to file a notice of this, but after the required time, may claim the property (whatever it is) as his/her own and do with it what they like.

In Massachusetts, the time limit is usually less than one year, depending on the property. For instance, when tenants leave behind goods (as in our case), even large things such as tool sheds or children's play gyms, those things are considered to be abandoned UNLESS the tenant notified the landlord and reached an agreement of how long the thing(s) could be left on the property.

Here is page one of a document relating to this situation, in Kentucky:

From: 393.060 Presumption of abandonment of certain property held by ...

393.060 Presumption of abandonment of certain property held by bank or ...

Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. ...

www.lrc.ky.gov/krs/393-00/060.PDF

"393.060 Presumption of abandonment of certain property held by bank or financial organization. The following property held or owing by a banking or financial organization is presumed

abandoned:

(1) Any deposit (legal, beneficial, equitable, or otherwise), whether payable on demand

or a time deposit, including a deposit that is automatically renewable, in any bank or

trust company in this state, together with the interest thereon and less any deductions permissible under state or federal law including but not limited to dormancy fees and service charges, unless the owner has within seven (7) years or

within seven (7) years of the first date of maturity, in the instance of a time deposit:

(a ) Communicated in writing or by other means, reflected in a contemporaneous record prepared by or on behalf of the bank or trust company, with the bank or trust company concerning it;

(b) Been credited with interest on his request or by his action;

(c) Had a transfer, disposition of interest, or other transaction noted of record in the books or records of the bank or trust company;

(d) Increased or decreased the amount of the deposit; or

(e) Has not received a regularly mailed statement of account or other notification or communication, mailed by the bank or trust company. Mailings shall be considered not received if returned to the bank or trust company marked undeliverable by the United States Postal Service or other provider of delivery services. A mailing shall be considered regularly mailed if it is of the type sent to all owners of a certain category of deposit and is mailed no less than annually;

(2) Any sum payable on checks certified in this state or on written instruments issued in this state on which a banking or financial organization or business association is directly liable, including, by way of illustration but not of limitation, certificates of deposit, drafts, money orders, and traveler's checks, that with the exception of traveler's checks has been outstanding for more than seven (7) years from the date it was payable, or from the date of its issuance if payable on demand, or, in the case of

traveler's checks that has been outstanding for more than fifteen (15) years from the date of its issuance unless the owner has within seven (7) years or within fifteen (15) years in the case of traveler's checks corresponded in writing with the banking

or financial organization concerning it, or otherwise indicated an interest as evidenced by a memorandum on file with the banking or financial organization;

(3)

Any funds or other personal property, tangible or intangible, removed from a safe deposit box or any other safekeeping repository or agency or collateral deposit box

in this state on which the lease or rental period has expired due to nonpayment of rental charges or other reason, or any surplus amounts arising from the sale thereof pursuant to law, that have been unclaimed by the owner for more than seven (7)

years from the date on which the lease or rental period expire..."

Land owner next to you intentionally put a fence up 12 inches over your property line before you bought your land and will not pay to move it to the property line or go half on it. What to do?

It is a trespass and if it is not removed upon your request, you can have a court order it to be removed. If you ignore this long enough, the neighbor may eventually be able to claim the property line has moved to the fence, and you will lose valuable land rights.

On the other hand, you can also provide the neighbor with a "limited license" to use that strip of your property, and propose that he pay some nominal rent until such time as the fence is removed or other mutual agreement is made. That way the fence is no longer evidence of "hostile exclusion" which would be necessary for adverse possession.

What is the Meaning of corporeal?

Corporate is a business or entity which has separate legal personality, with limited liability or unlimited liability for its members or shareholders, who buy and sell their shares/stocks depending on the performance of the board of directors.

Pertaining to corporations. Corporations are the most common form of business organization, and one which is chartered by a state and given many legal rights as an entity separate from its owners. This form of business is characterized by the limited liability of its owners, the issuance of shares of easily transferable stock, and existence as a going concern. The process of becoming a corporation, called incorporation, gives the company separate legal standing from its owners and protects those owners from being personally liable in the event that the company is sued (a condition known as limited liability). Incorporation also provides companies with a more flexible way to manage their ownership structure. In addition, there are different tax implications for corporations, although these can be both advantageous and disadvantageous. In these respects, corporations differ from sole proprietorships and limited partnership.

What is nosotol?

Nosotol is a term that may refer to a specific substance or compound, but it is not widely recognized in scientific literature or common usage as of my last knowledge update in October 2023. It might be a typographical error or a less-known term in a specialized field. If you meant "nystatin" or another similar-sounding term, please clarify for more accurate information.

Does adverse possession include trees?

Depending on how many years Adverse Possession can apply. Get land survey and talk to lawyer.

What is astral possession?

I was possessed by an ' ascended master' called Ashtar, with whom i made contact through a group which described itself as 'working with the light'. I was possessed for four years and fifteen years later am still recovering. I was hospitalised on four occasions and was fortunate to survive several sucide attempts. Ashtar purported to be helping me with spiritual enlightnement and was with me twnety four hours a day, makign it impossibelto think clearly and isoalting me totally from the real world.

If you have a neighbor claims 3 feet of your property is theirs and wants it back but a fence has been in place for over fifty years on the wrong property line can he still claim land - Brooklyn?

You need to consult with an attorney who can review your situation and determine your options under your state laws. The details sound as though you would prevail in an adverse possession claim but you may need a court order to perfect that claim and clear the title to your property.

How do you find out whether land is registered or not?

Hi you will need a plan (OS is fine) with the land coloured. Then you send it off wth a small fee and application know as an Index Map search to your local land registry.

They will let you know if its registered or not.

If its agricultural or land that has not been sold or bought or otherwise dealt with since 1990 it is unlikely to be registered as that's when complulsory registration came in.

What are the three tests of possessory title?

In the UK, the following are the 3 tests required in an opposed possesory title case. The applicant must prove 1 or more of the following factors. See the below link for more information, and talk to an attorney in your area about your specific situation.

(a) it would be unconscionable because of an equity of estoppel for the registered proprietor to seek to dispossess the applicant; or

(b) the applicant is for some reason entitled to be registered as a proprietor; or

(c) in some circumstances, the land is adjacent to land belonging to the applicant).

Minor in Possession Oregon?

A minor in possession charge in Oregon is considered a criminal violation. The person will be adjudicated in juvenile court and fined or perhaps confined if necessary.

Can a HOA member claim adverse possession after using common areas for 10 years in Washington State?

Absolutely not. The Homeowner's Association member would be using the common areas because they have the right to do so. They cannot terminate the other owners' rights in the commonly owned property. Their rights are protected by law.

Adverse possession involves the unauthorized use and taking possession of property that belongs to someone else without their permission.

Absolutely not. The Homeowner's Association member would be using the common areas because they have the right to do so. They cannot terminate the other owners' rights in the commonly owned property. Their rights are protected by law.

Adverse possession involves the unauthorized use and taking possession of property that belongs to someone else without their permission.

Absolutely not. The Homeowner's Association member would be using the common areas because they have the right to do so. They cannot terminate the other owners' rights in the commonly owned property. Their rights are protected by law.

Adverse possession involves the unauthorized use and taking possession of property that belongs to someone else without their permission.

Absolutely not. The Homeowner's Association member would be using the common areas because they have the right to do so. They cannot terminate the other owners' rights in the commonly owned property. Their rights are protected by law.

Adverse possession involves the unauthorized use and taking possession of property that belongs to someone else without their permission.

How common are deficiency judgments in Florida?

Deficiency judgments are fairly common everywhere on large houses. The more the amount you owe on a house, the more you are likely to have a judgment filed against you.

How to legally take control of incarcerated sons property?

You need to consult with an attorney. Generally, you would need to obtain a Power of Attorney from your son in order to handle his affairs relating to the property. Or, your son would need to convey the property to you so that you would be the legal owner.

How do co owners hold property at law?

All classes of co-owners in fee simple have an undivided interest in the whole property. Therefore, each co-owner has the right to the use and possession of the whole property. If two people are grantees on a deed their respective one-half interests would come into operation as each person's share of the proceeds if the property was sold.

There are several different legal schemes for co-ownership called "tenancies" that govern who will receive the share of a co-owner who dies. See the related question link provided below for a full explanation of those various tenancies.

What happened in the homestead act?

The Homestead Act opened the Great Plains west of the Mississippi River to settlement by pioneers by guaranteeing the pioneer family a parcel of land for them to farm and claim as their own.