what is adverse land aquisition?

Question

I was willed land from my mother in 1972, I gave my mother life time rights to live on land that she had the life time rights after the demise of initial land owner in 1984. My mother lived on land for fifteen years, can I or she claim adverse land aquisition, being the original owner did not have clear deed to property in 1958 when he signed land over to my mother and he later in 1976 revoked all previous wills and willed his land to his two sons at his death., Half of property was aquired in 1976 and his only living son in 1984 was forced off land with restraining order. Can he change his mind and revoke life estate deal with mother?

Answer 1

Given the complex nature of the issues involved, my best advise is that you should seek the advice of a lawyer in your area. This question doesn't make any sense as written and cannot be answered with any type of authority, however a good lawyer should be able to sort out the issues and give you a clear answer. Although coragryph gave you a brief and well thought out response that corresponds with his interpretation of the question, I have a feeling that the issues are a little more complex than what his analysis addressed. Although, if this were an actual bar exam question, I am sure that coragryph would have provided a much more detailed response.

In looking at the last sentence in you question, "Can he change his mind and revoke life estate deal with mother?" I would say the answer is maybe. If the deal is that he agreed to grant her a life estate in his will instead of actually granting her a life estate by a recorded instrument, then, generally, YES, he can change his mind, even if he let her stay there for fifteen years. If he actually granted her a life estate while he was still alive, the estate would belong to her and he would not have any right to the land until she died unless she agreed to transfer the life estate back to him. If he never actually owned the land, his promise to or his actual granting of a life estate would not have any effect no matter what the circumstance.

If she stayed on the land adversely for fifteen years, starting in 1984, then moved away or died; she can no longer claim adverse possession because the occupation of the land has to be continuous. I could be wrong, but if I remember my property law class correctly, if she moved away and you moved in after 15 years, your claim of adverse possession starts when you move in, not when she moved in. In other words, the statutory period for adverse possession is not transferable.

If she stayed on the land with the permission of the person that she thought was the true owner, there may be an argument that the possession was not adverse, even if it actually was.

Good luck!

Answer 2

Only a lawyer can give specific legal advice, so I'm going to treat your question as a hypothetical and answer it the way I would for a bar exam.

First, the will doesn't take effect until the person dies. So, even if your mother made a will in 1972, it doesn't take effect until she passes. If you mean that your mother gave you the land, by deed, in 1972, that's different because it's a present transfer (not a future one). If she gave you the land in 1972, then what you gave her was a life tenancy, which is fine.

As to 1958, again wills only apply at the time of death. Until then, a person can change their will at any time. So, if the previous owner revoked his prior will in 1976, it never had any effect. When he died in 1984, whatever his will said at that time was what happened.

Finally, the details for adverse possession vary by state, but generally involves actual possession, open and notorious (not hidden), continuous for the statutory period (usually 10-20 years in most states).

But it sounds like prior to 1984, there was no transfer of land, since you only talk about wills, not actually deed conveyances.

So, the question is, when did either you or your mother moved onto the land, how long did you remain there, who actually held the deed to the land when either you or your mother moved onto it, and did either of you have permission from the actually registered land owner to remain there.

If there was permission, then there is no adverse possession. If there was no permission, then you could argue adverse possession, assuming the duration requirements were met. This is something that you're going to want to ask an attorney, who can do the proper legal research for the rules in your state.

Answer 3

You tell a neighbor that you intend to use an easement on his property (like a driveway shortcut). Later, you say something to the effect that you love this shortcut and you intend to make it your own. As you see you have to be up-front and forthright about your intentions. If the owner does not say something to the effect of like heck you will and put up a barrier, after a certain period you own the land. Easements are typical to adverse possesion cases. It would be harder to grab say, a couple thousand acres. The situation that you describe is more under the categories of either: "Estates in condition or conditional estates."

Answer 4

In 1948, Palestine was once underneath British manipulate. Zionist stress at the global driven for an status quo of a state in Palestine for Jews as a folks after the Holocaust. With British aid and UN choices, aspect of Palestine was once "given" to the Jews. Instead of looking to comprise themselves into the present peaceable populace of Palestinians (Muslim, Christian and Jewish), they got here in with drive, killing 1000s and displacing 1000s extra. The Palestinians had been combating ever because to free up themselves from Israeli career. Since 1948, Israel has oppressed the Palestinian folks claiming they desire to break Israel. When correctly, it's the wrong way round. Ask any Israeli citizen approximately Palestine, so much will inform you that there is not any such factor as Palestine. This is ridiculous. Imagine anybody got here on your town in gang army variety, threw you out whilst murdering individuals of your near knit loved ones earlier than your eyes, compelled you external the town limits and allowed immigrants to return from a further nation to are living in YOUR house whilst you sat in a tent by way of the street. Then they placed a wall up across the tent camp and inform you that you're no longer allowed to go into your town. They then continue to kill or deport so much of you. Then they inform you that your town on no account existed, the position in which your ancestors had lived for thousands of years or extra was once on your creativeness. They even move as for to take away it from historical past books. Last however no longer least, you shield your self and you're no longer combating on your freedom, however a murderous terrorist!!!!!

Answer 5

a real hum-dinger?