Adverse Possession?

Question

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 when Father Died. 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.

Answer 1

Check the index to your state's legal code for Adverse Possession. Your local public library should have a copy of the state code. Then look up the statutes referred to. Adverse possession requires that you use the property as your own for a specified number of years (12 or more). So on the face of it it sounds like you have a good claim. On the other hand, if you paid rent to Father in Law, that could ruin your claim, because then you would be a tenant, not an owner. You would also have to show exclusive use of the land. If Brother in Law used it too, for storage or whatever, that could be used against your claim. You will need to consult a lawyer at some point in order to file a lawsuit claiming ownership due to adverse possession: ultimately, it's up to the courts to decide.

Answer 2

You might own the house, the land beneath it, and at least an easement across the land to access the house. Generally to acquire something by adverse possession, you must use the land openly, notoriously, and exclusively for a period of time. If you are using something by permission, you do not meet the "notorious" element. In most states the time period is 7 years. Some states it is longer. I know of no state that requires more than 15 years.

Your options are to sue to quiet title or to do nothing and keep using the land and let him sue you. If you choose the latter, I would write your brother in law a short letter saying that you own the house by adverse possession and do not intend to move.

FInally, supposing you did not own it by adverse possession, it sounds as though your father left the house and land to all of you in his wil. If that is the case and he mentioned it specifically, you mihgt have a hard time proving adverse possession because it indicates that he felt your use of the land was with his permission. (Again, you would have needed to use it against his will). If that's the case, all heirs own it and generally any heir can sue to require you to pay them for their share or sell the property and split the proceeds.

Answer 3

Did you have your Father In-laws permission to build your house there? If so, I wouldn't think it's a case of Adverse Possession. It sounds more like homesteading, which is similar in nature and would help your case to obtain rights to the property after 22 years of continuous occupation.