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Adverse Possession
Adverse possession is the taking of title to real estate by possessing it for a certain period of time. The person claiming title to real estate by adverse possession must have actual possession of the real estate that is open, notorious, exclusive, and adverse to the claims of others to title of the real estate.
481 Questions
What is length of time for adverse possession in west Virginia?
In West Virginia, the length of time required for adverse possession is 10 years. This means that someone must openly and exclusively use another person's property for 10 consecutive years in order to claim legal ownership of it through adverse possession.
How do you get a copy of the form to claim adverse possession of land in New York?
To claim adverse possession of land in New York, you would need to consult with a real estate attorney to guide you through the process. There is no specific form provided by the state for adverse possession claims. It is a complex legal process that often requires court involvement, so seeking legal advice is essential.
What does community property state mean?
The term community property state means that the community property in a marriage divided equally between the two parties when there is a divorce. This property usually does not include property owned before the marriage.
If the fence has been in place for 21 years, it may fall under adverse possession laws, meaning the neighbor may not be able to force its removal. It is advisable to consult a real estate attorney to understand your legal rights and options in this situation.
Can you get title to property through adverse possession for an 1' encroachment?
As long as you have satisfied your state's prerequisites to adverse possession with regard to the 1' piece of land, you may begin adverse possession proceedings. However, since the piece of land is only 1', you should seriously consider not pursuing an adverse possession claim. Not only will you have to pay an attorney to represent you in court, you also have to live next to the neighbor whose property you are adversely possessing. If you want to pursue adverse possession, it is highly recommended that you try mediation before going to court. (See below link.)
They could just remove the fence. It is on their property, which means it technically belongs to them. It is very likely that when it was originally erected it was put up by the person who's land it is on.
Most fences are installed a foot or so inside the property line of the owner.
An adverse witness is a witness who is called by the opposing party in a legal proceeding or trial. This witness is expected to provide testimony that is unfavorable or contradictory to the position of the party that called them.
What can you do when your neighbor wants a new fence?
if it's not on the neighbor's property not a thing you need to get the plans of your yard and find out where you yard ends and where there's begin and if it's not touching you have to replace that fence. Not to mention why would you be bothering your neighbor to replace a fence it doesn't cost heck people do it themselves stop being petty and fix the dang thang.
Can you build a fence right on the property line?
Maybe. If your state has the doctrine of mutual acquiescence, in some cases, you could lose the land. You should talk to a real estate attorney in your area for specific information on your state's laws.
What is law governing adverse possession in Nevada?
The time line is 5 years, you must pay all property taxes during that period, and you must occupy the property in the open and in a notorious manner.http://www.leg.state.nv.us/NRS/NRS-011.html
What are the laws in Nevada regarding adverse possession?
Adverse Possession Adverse possession is the taking of title to real estate by possessing it for a certain period of time. Title means ownership of real estate. The person claiming title to real estate by adverse possession must have actual possession of it that is open, notorious, exclusive and adverse to the claims of other persons to the title. By its very nature, a claim of adverse possession is hostile to the claims of other persons. It cannot be hidden but must be open and notorious in order to put other persons on notice as to one's claim for possession of the real estate.
New Mexico: In New Mexico, the duration of such possession is ten (10) years. New Mexico Code §37-1-22.
From: http://www.lawchek.com/resources/forms/que/advposs.htm (viewed on 10/08/08)
How do you file a quiet title lawsuit in Tennessee?
You should retain a real estate attorney licensed by the Tennessee State Bar Association. He or she will be familiar with the legal process and will guide you every step of the way. You can also represent yourself, however, I do not recommend that under any circumstances (unless you are a lawyer).
What is the time line for adverse possession in Ontario?
Adverse possession is more complicated in Canada than in the US, has a different legal effect and it is not common.
Generally, the claimant doesn't gain title to the property but the owner loses the right to sue after 10 years and the squatter only gets to occupy the land. They do not acquire any title. For that reason some think it should be more accurately called adverse occupation. The limit for prescriptive rights (personal, as in a right of way) is 20 years. Also, there are several overlapping statutes that apply and conflict in some cases. It takes occupation for 60 years to gain the right to occupy "Crown Lands". Adverse possession is rarely accomplished by deliberate encroachment. Rather, an adverse possessor must have acted in the belief that he or she owns the land.
In Ontario, there are several statutes which apply:
- Limitations Act. R.S.O. 1990, c. L-15 (see s.15 and s.3)
- Land Titles Act. R.S.O. 1990, c. C.6, s. 3.
- Certification of Titles Act. R.S.O. 1990, c. C-6, s. 4(2)
Ontario maintains two separate paper based systems for recording owners of land: the Registry System and the Land Titles System. Land registered in the Land Titles system is immune from adverse possession. In order to be vulnerable to an adverse possession claim the property must be in the Registry system.
Over the last few years, there has been an official program in Ontario to convert all land registration to the Land Titles System under an electronic program called POLARIS ( Province of Ontario Land Registration and Information System). During the conversion process, the 'old' paper registry records are converted to an electronic system. As land is entered to the Land Titles System, any existing disputes are addressed, the clock for adverse possession stops running and future claims of adverse possession are barred. As time passes claims for adverse possession will diminish and eventually disappear.
The court of jurisdiction for matters concenring adverse possession is the Superior Court of Justice.
What is the law on adverse possession in Arkansas?
possession if he pays taxes on property contiguous to that being claimed by adverse possession,
holds color of title to that contiguous property, exclusively occupies the property claimed, is
Adverse possession, in Arkansas, states that someone can obtain property if he pays taxes on property adjacent to that being claimed by adverse possession, holds color of title to that adjoining property, exclusively occupies the property claimed, is uninterrupted in possession, visibly and openly inhabits the land, in fact physically possesses the property, possesses the land without the permission of it's true owner and fulfills these requirements for seven years.
In the macroeconomic sense, sanctions are measures taken to stop or limit trade with another nation, in order to influence its policies or actions (internal or external).
In a sociological sense, sanctions are negative expressions by a society or culture toward those whose behavior violates established customs or morals.
How do you file a personal lien in Ohio?
Some people will have you believe that Ohio Mechanic's liens are relatively easy to do. The answer is that they really aren't that easy. They are far more complex than merely "filling out a form." The statute, ORC 1311.01 has separate sections for private "commercial" projects, public projects, residential projects and oil and gas wells. In addition, there are hundreds of court opinions interpreting the statute, some of which conflict from county to county. Assuming that the project was not residential, gas and oil or public and there is no enforceable prohibition from filing a lien in the contract, the procedure is as follows:
- Before you start work on the project, obtain the Notice of Commencement, if one was filed and serve your notice of furnishing on all required parties (this will be the project "owner" if you are not an original contractor and if you are a subcontractor or supplier not in direct contract with the original contractor, you will also have to serve the original contractor).
- Within 75 days of your last work on the project (be careful if you are considering punchlist as your last day of work, because there are some prohibitions to consider) (60 days on a "residential" project--subject to a possible paid in full defense, 120 days on a public project or oil and gas well) file your affidavit for lien with the county recorder or recorders (if the project crossed county lines, yes some actually do) for the county or counties where the project is located.
- Within 30 days after you filed the lien, serve it on the project owner (for example, this could be the property owner or a lessee) (this is important and forgotten by people who don't regularly file Ohio mechanic's liens--forgetting to do this will make your lien void)
- Hopefully, you will be paid what you are owed and you will have to release or satisfy the lien.
- If you don't get paid, your lien will last until the 6th anniversary of the date you filed it. If you haven't filed a lawsuit to foreclose the lien by then, it will expire. Ohio mechanic's liens cannot be renewed or revived.
Mechanic's liens really are very technical and even the smallest defect can cost you the lien. If you need to file a mechanic's lien in Ohio (or any state for that matter) please contact a construction lawyer who understands mechanic's liens. For more information, check my website, I have several articles and videos about your mechanic's lien right.
What word means to remove a law from the law books?
Abrogate means 'to repel, annul, or cancel' and is used with reference to laws, rules, treaties, and other formal agreements
Read more: abrogate
Since demonic possession is not something that can be proven or disproven, people have different views and opinions about whether it is fake or real. Here are some opinions:
- As a Christian, I believe demonic possession is real, but there is also demonic oppression, which is not possession, but influence over humans.
What is the Redemption period for sheriff's deed in Michigan?
Redemption of a Sheriff's Deed after foreclosure is 6 Months from the date of the Sheriff Sale unless:
1) The property is located on 1 acre of land or more
2) The amount owed when the Sheriff Sale takes place is less than 66 & 2/3 percent of the original balance (as in it was payed down a LOT before things got bad and the foreclosure train showed up)
If either of the above are true then the redemption period is one year.
Also, if the Sheriff's Deed is not recorded within 20 days of the actual sale date, then the 6 months redemption period begins from the date the Sheriff's deed is recorded.
What are the essential requirements for success in an adverse possession case in Kentucky?
Adverse possession is the possession against the will of the rightful owner to the complete exclusion of the owner. The number of years required to claim adverse possession in Kentucky is 15 years.
