Acquiring Property By Adverse Possession
REM #F755
By Ilyce R. Glink
Summary: A ThinkGlink reader has been caring for the property next to his own for eight years. He is wondering if he has a claim to the property. Illyce explains how to acquire property by adverse possession.
Q: I’ve been maintaining an empty lot next to my property for eight years.
I keep the walks clear of snow and ice in the winter and mow the lawn.
Can I claim this lot as mine under the homestead law and if so how do I go about this? My understanding is a company owns this lot and there are at least 13 quick claim deeds. Thanks for any information.
A: I don't know where you live, but when it comes to acquiring property by adverse possession, you have to do more than just clear the snow and mow the lawn.
You typically have to pay property taxes as well, and do it for as long as
21 years, depending on the state. (In some states, you can obtain title to a
property in as little as seven years.)
Since it doesn’t sound as though you pay the taxes on this property and
other important factors go into determining adverse possession, you probably
don’t have a claim to the property under adverse possession. But why don't
you approach the owner about purchasing this piece of property? The company
may be just as happy to get rid of it.
If you truly think you have a right to ownership of the land, you need to seek
out the help of a real estate attorney.
NOTE: This column is distributed by Real Estate Matters Syndicate, PO Box 366, Glencoe, Illinois, 60022. This column may not be resold, reprinted, resyndicated or redistributed without written permission from the publisher.
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