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Acquiring by Occupying |
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My husband's grandfather died leaving 22 acres to his wife and her heirs. No one ever probated the will , but his mother and father moved into the main house and cared for the grandmother until her death. They paid the taxes until they died and now my husband is the only heir living on the property (for 65 years) and paying the taxes.(for the past 15 years) Is there a law stating after so many years of occupancy without anyone making a legal claim on the property it belongs to the person occupying it, paying the taxes and taking care of and improving the property. If not, how would one go about acquiring the property? |
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You're asking about a legal procedure called "adverse possession", by which one can sometimes obtain title to abandoned property. The requirements are strict, involving use of the property for a given number of years (it varies by state) without either permission or objection from the owner. In some states one must also have been paying the taxes. In any event, it's far from automatic. You have to go to court and petition to be awarded ownership. Take the whole matter to a real estate lawyer. |
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Edith
Originally published on August 5, 2007 |
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