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i have heard that if there is a neglected piece of land that no one tends to and you have used it for a number of years then it is yours? How can I claim i?

2007-08-26 11:18:49 · 15 answers · asked by Andy S 1 in Business & Finance Renting & Real Estate

15 answers

Paul is right..it's called adverse possession.
"Essentially, when one person possesses the property of another for a certain statutory period of time (three to thirty years, with ten years being most common), that person acquires title to the land and cannot be removed from it by the original owner."
Four elements must be satisified for adverse possession:
1. possession must be actual and exclusive - that is, the possessor must take sole physical occupancy of the property
2. the possession must be open, visible, and not secret or clandestine
3. possession must be continuous and peaceable for the required period of time. this requirement means that the possessor must not be interrupted in the occupancy by the true owner or by the courts.
4. possession must be hostile and adverse. in other words, the possessor must claim the property as against the whole world. he or she cannot be living on the property with the permission of the owner

2007-08-26 11:34:49 · answer #1 · answered by jon michael 4 · 1 0

Claiming Land After 12 Years

2016-12-10 15:55:40 · answer #2 · answered by ? 4 · 0 0

It could become yours under certain conditions.

It's called "adverse possession".

The length of time required for adverse possession in title varies - it could be as short as a few years or could run for twenty years or more. Typically public entities must establish a longer period of possession than individuals. Some states have adopted a rule which requires the adverse possessor to pay taxes each year on the land.

The possession must be open for all to see.

The possession must be exclusive to him or her (e.g., a fence, a driveway, road, etc.)

The possession must be hostile to the actual owner of the land.

To gain title to land through adverse possession requires strict compliance with the law, but can have dramatic impact upon land ownership rights.

An encroachment could result in title to your property being transferred to an adverse possessor. Under these circumstances, you might have to bring a lawsuit for trespass in order to prevent your neighbor from getting title to your land through adverse possession.

If you own land, it is important that you do not "sleep on your rights" since you could lose ownership of the land.

2007-08-26 11:29:48 · answer #3 · answered by Anonymous · 5 0

Not quite that easy, have you paid the taxes on the property, how have you used the property, with or without the permission of the owner. Look up your states adverse possession rules and regs.

ADDED
Good Lord people stop answering questions when you do not have a clue on earth as to what you are talking about!

2007-08-26 11:24:18 · answer #4 · answered by Anonymous · 2 0

Laws are passed by men, where there is no law, nothing is illegal. You would need to talk about where and what jurisdiction to get answers here. Also laws are only enforceable if you have the guns to enforce them. I can assure you the Germans broke a few laws when they invaded Poland, but they changed the laws over night and then they were no longer breaking the law. Poland was now German, so was France. Laws are put in place by the controlling power, only in America can people be so nonchalant about how law works and how lucky they are to have the protection of the constitution.

2016-03-13 00:37:14 · answer #5 · answered by Anonymous · 0 0

The squatters rights still exist.

You have to live opening on the land for 20 years, not just "look after" it. You also have to improve it, ie, build something. Additionally you have to have paid the property taxes for the last 20 years.

THEN....you get to try and claim it. The title company will try and locate the owner, or heirs if the owner has passed. If no one turns up you will get title.

Of course if someone does turn up they owe you nothing for the taxes and they get to keep the improvements you made to their land.

2007-08-26 11:33:15 · answer #6 · answered by Landlord 7 · 0 2

No, sorry that is not the way it works. I sure alot of folks wish it was. Someone else owns the property. In some states there may be circumstances that a person can lien a property. But in no state can you just claim it for your own, just because you have used for a number of years. They may even be able to sue you for using the property without paying.

2007-08-26 11:35:58 · answer #7 · answered by Etta P 4 · 0 2

Not true. There is a name on the title of that land and that person owns it. If that person is dead, then when the property taxes are not paid on the land, it goes up for sale. If you go to the Title company and ask who owns that property, you could ask the owner if they would be willing to sell it to you. Just because someone owns the land, doesn't mean they have to take care of it unless there is a covenant on the land that says they have to.

2007-08-26 11:25:56 · answer #8 · answered by Rli R 7 · 0 4

I think you need to use it for about 12 years
without asking permission or being told not to use it, Then you can claim squatters rights but I have no idea how you do that!

2007-08-26 11:25:44 · answer #9 · answered by Anonymous · 1 2

Under Irish law, 12 years and it's yours.

2007-08-26 11:41:58 · answer #10 · answered by des r 3 · 0 1

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