In other words, Assistance League, an adverse possessor, is subject to the rights of plaintiff lienholders. Its adverse possession against the original title holders did it no good, and it had to start its adverse possession period anew against the foreclosure sale.
Adverse possession is a method, rooted in common law, of obtaining title to land through use. The common law rules for adverse possession have been codified under both federal and state statutes. A typical statute allows a person to obtain title to land from the actual owner simply by using the land. The use must be open for all to see. An example of openly using land for the purposes of adverse possession would be if your neighbor built a fence on your land with the intention of taking the property, paid your property taxes, and though you knew about it you did nothing. If this continued for a period of time set by state law, your neighbor may be able to claim this property as his/her own. The theory is that by not disputing your neighbor’s use of your property through a lawsuit, you, as the actual owner have abandoned your rights to the property. There are several elements needed for adverse possession to result in clean title:
The length of time required for adverse possession 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 that requires the adverse possessor to pay taxes each year on the land.
The length of time required for adverse possession 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 that 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., the fence in the above example, a driveway, road, etc.)
- The possession must be hostile to the actual owner of the land.
Gaining title to land through adverse possession requires strict compliance with the law, and 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 obtaining title to your land through adverse possession.
If you own land, do not 'sleep on your rights.' You could lose ownership of land that is rightfully yours.
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Adverse possession is also known as 'squatter's rights.' It is a means of acquiring title to real property that is legally valid, even against the interest of the true owner. Laws pertaining to adverse possession differ by state and are strictly enforced. Until recently, this way of obtaining home ownership has received little attention. This new focus has been caused by the nation's economic crisis and an increase in foreclosures resulting in abandoned homes.
What is Adverse Possession
Adverse possession is obtained by the open and obvious possession of real property, to the exclusion of the true owner. It must be continuous over a period of time. In California and some other states, you must pay property taxes. Also, some states -- though not California -- require that your possession be under 'color of title.' Color of title means that you have reason to believe you own the property but some defect in the conveyance occurred and title was not transferred.
Making a Claim of Adverse Possession
Most jurisdictions have a time limit called 'the Statute of Limitations' for open and notorious possession of the property, with notorious meaning visible possession. Under California's adverse possession laws, you must occupy the property continuously for five years. Under Florida's state statutes, you must occupy the property continuously for seven years. In Texas, you are required to occupy the property for 10 years. As in California, Florida and Texas require you to pay annual property taxes. If the true owner is underage or is declared incompetent, the period of time to obtain adverse possession is increased. In the case of a minor, the Statute of Limitations does not start to run until the minor has reached the age when he can legally contract, usually 18.
Your period of occupation must be continuous. This means you can't leave the property for any lengthy period. Adverse possession can not be claimed if you are functioning as a caretaker for the true owner.
Once you have satisfied all the elements of adverse possession, you may petition the court to quiet title and declare you the legal owner of the property. If the court grants your petition, title will be cleared in your name.
Chances of a Successful Adverse Possession Claim
With the increase of foreclosed homes came an increase in adverse possession claims. During the height of the real estate crisis, lenders went out of business and the foreclosed property owners moved out of their homes. The homes sat empty, ripe for the taking, and many were.
In states such as Florida, advocacy groups for homeless people took over some of these properties and turned them into shelters for the homeless. It wasn't long before this trend was discovered and state legislators moved quickly to stem this tide.
Texas' Most Infamous Adverse Possession Case
In June of 2010, Kenneth Robinson made a claim of adverse possession to a $340,000 home in Flower Mound, Texas, by paying a $16 filing fee. The original owners of the home had been foreclosed and they left the property. In the meantime, the lender had gone out of business and the property lay abandoned for a year. Eventually Bank of America took over the property and commenced court proceedings to evict Robinson. Robinson was evicted after eight months of occupation.
In light of this case, and a few others, state legislatures have tightened adverse possession laws. Such laws are strictly enforced, making it a little more difficult to obtain title by this means. It is still possible to obtain title by adverse possession but if you have not met every single element of your claim, it will be denied.
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About the Author
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Yvonne Cousar has a Bachelor of Arts in English literature. She has 30 years experience as a paralegal and eight years as a realtor.
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Cousar, Yvonne. 'What Is the Procedure for Making a Claim of Adverse Possession?' Home Guides | SF Gate, http://homeguides.sfgate.com/procedure-making-claim-adverse-possession-81571.html. Accessed 24 June 2019.
Cousar, Yvonne. (n.d.). What Is the Procedure for Making a Claim of Adverse Possession? Home Guides | SF Gate. Retrieved from http://homeguides.sfgate.com/procedure-making-claim-adverse-possession-81571.html
Cousar, Yvonne. 'What Is the Procedure for Making a Claim of Adverse Possession?' accessed June 24, 2019. http://homeguides.sfgate.com/procedure-making-claim-adverse-possession-81571.html
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