Can anyone anwser? I have built a house on Father Inlaw's Land 22 years ago. Have lived there and paid taxes for all 22 years, Now Father Inlaw died 2 years ago and Brother Inlaw sued to move our home or to sell it with the land. Can we sue for Adverse Possession? We also have a general warrranty deed. We own 1/2 and Brother and sisters own 1/10. We also own 1/10 of the 1/10. Please help if u know.
2006-11-03 01:27:24 · 5 answers · asked by mycus2000 2 in Business & Finance ➔ Renting & Real Estate
You need a lawyer.
It's not possible to tell from the information given exactly what will happen, except to say that if you don't participate in the lawsuit, the Plaintiff will get what they want.
You have a deed, not sure what you have a deed to, and the answer will be significant. It probably takes you out of Adverse Possession, as you do have some right to be there, and have permission to use the share you don't own, up to the time Father in Law died. You might qualify for adverse possession of the whole, but I think it's unlikely under these circumstances.
Now, it sounds to me like there are five children that got equal shares of the half Dad owned at death, and you had a half interest to begin with, and one or more of the others want to be cashed out. That means they are suing for Partition of the property.
You can and should make a case that it isn't as simple as selling the property and giving everyone a share of the proceeds. If you present evidence that you built the house and there was no contribution from Dad or if there was, it was a gift, then the court will be persuaded that the siblings are only entitled to a share of the value of the raw land. In addition, bringing in the tax records will probably allow you to deduct a proportionate share of the taxes you paid for the land value (not the house) for several years (seven is likely to be the number of years you can get compensated for.)
If the court does see things this way, it's likely that they will realize that forcing the sale is unfair and won't do it. They may order you to buy them out, or they may convert their ownership to a lien and vest the property 100% in you.
You can get a good result if you get a lawyer and prepare.
2006-11-03 01:51:57 · answer #1 · answered by open4one 7 · 0⤊ 0⤋
The answer from open4u is a good one. Adverse possession laws vary by state and you need a good Real Estate Lawyer. These family things can get very ugly very quickly. No matter how it goes you will always be the "Bad Guy" . Be aware.
2006-11-03 02:13:15 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I have some good info for you on my website about adverse possession. Please read it, and it will shed some light. The USE needs to be adverse.... in other words you did not have permission to use the land all those years.
my website is http://www.moeland.com
I am a land surveyor, who deals with this type of thing on a regular basis.
Mike
2006-11-03 04:42:56 · answer #3 · answered by moeman63 2 · 0⤊ 0⤋
Since you guys have land are you hunters?? I would take him hunting with a nice bottle of whiskey it would be a shame if he got drunk and then committed suicide in front of you since he got depressed. ho what a shame that would be.
2006-11-03 15:47:22 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Get a lawyer right away.
2006-11-03 03:48:17 · answer #5 · answered by Kathleen M 4 · 0⤊ 0⤋