adverse possession or sue estate
adverse possession or sue estate for unmarketable property.
Grandfather had 80 acre’s (1950’s)
Gave some prop to son (1988) and daughter (1975)
Got divorced in 1990 wife got 60 acre of farm land- he got 3.0 acre with house and barn.
Deed 1.5 acre land to son (1992) that included grandfathers septic (nothing was recorded in deed about septic)
Grandfather died in 1993
Granddaughter (me) bought his 1.5 acres (include house and barns (1994) nothing written in closing about septic
2003- want to sell house, can’t because of septic (which uncle is being a jerk about signing a agreement that new owners will be responsible to maintain of septic.
I notice that our property tax have been decreasing—we think that we paid the taxes for other 1.5 acres in 1994-1997 ( we are going to the county tomorrow to check)
Unable to place septic on current property due to location of house and barns (only place is close to his well)
We did not know about the septic ( to dumb) want to do a adverse possession of land that has septic on it. Any suggestions, comments.
THE FIVE BASIC REQUIREMENTS TO CLAIM TITLE TO ANOTHER'S LAND -- ADVERSE POSSESSION
1) Possession must be held either under a claim of right or color of title;
2) Possession must be actual, open, and notorious occupation of the property in such a manner as to constitute reasonable notice of that occupation to the record owner;
3) The occupation must be both exclusive and hostile to the title of the true owner;
4) Possession must be continuous and uninterrupted for at least the period of time prescribed by your state laws; and
5) The occupier must pay all taxes assessed against the property during the period of possession.
Depending upon your state, the period of continuous use may be anywhere from five years to thirty years. From the information you give, it seems that you fail a couple of these requirements (you are not currently paying the property taxes and you do not have exclusive use of the property in question).
Instead ask your lawyer about suing for a prescriptive easement. The legal requirements are open, notorious, hostile and continuous use of the burdened land for the required number of years, which varies in each state. Prescriptive easement use can be shared and need not be exclusive.
Very nice answer DaveT.
Kazor