Posted on: 24th Oct, 2008 03:31 pm
I am studying real estate exam materials for broker. I was questioning about adverse possession ever since I started to study for sales persons exam material. I am California residence.
Per my study, adverse possession can be made by non owner of the property occupied more than 5years also by keeping prop tax paid. it has to be open, notorious, continuous, and hostile.
My question is that if someone try to do adverse possession and owner find out isn't it against law (tresspassing) at the time that happen?
My imagination is that someone who find vacant house and find out owner is not paying tax. He or she started to live in there and later owner find out about them. He or she acted hostile against owner and was arrested for tresspassing....
I want to know what would be llegaly ok example of adverse possession.
Per my study, adverse possession can be made by non owner of the property occupied more than 5years also by keeping prop tax paid. it has to be open, notorious, continuous, and hostile.
My question is that if someone try to do adverse possession and owner find out isn't it against law (tresspassing) at the time that happen?
My imagination is that someone who find vacant house and find out owner is not paying tax. He or she started to live in there and later owner find out about them. He or she acted hostile against owner and was arrested for tresspassing....
I want to know what would be llegaly ok example of adverse possession.
Hi Noriko!
The situation that you have given here can qualify for adverse possession provided, the house is occupied and used for a certain period of time as mentioned in the state laws. There are certain states which also require the persons to pay property taxes. So if all these are fulfilled then it can qualify for an adverse possession.
Thanks.
The situation that you have given here can qualify for adverse possession provided, the house is occupied and used for a certain period of time as mentioned in the state laws. There are certain states which also require the persons to pay property taxes. So if all these are fulfilled then it can qualify for an adverse possession.
Thanks.
Hi Noriko!
James is right in saying that adverse possession periods in different states vary. So before a person claims an adverse possession, one should verify it.
Thanks,
Jerry
James is right in saying that adverse possession periods in different states vary. So before a person claims an adverse possession, one should verify it.
Thanks,
Jerry
Thank you
James and Jerry.
If someone can post successful example of adverse possession, I will greatly appreciate!
James and Jerry.
If someone can post successful example of adverse possession, I will greatly appreciate!
Hi Noriko!
A good example of adverse possession will be: Your neighbor built a fence on the land you own and had the intention of taking away the property. This neighbor of yours paid property taxes as well. You knew it but never did anything. If such a situation continued for a particular period of time as set by state law, your neighbor will be able to claim this portion of the property as his/her own. The theory behind this is that you never disputed your neighbor's use of your property by a lawsuit, so, you, the actual owner, have abandoned your rights to the property.
Thanks.
A good example of adverse possession will be: Your neighbor built a fence on the land you own and had the intention of taking away the property. This neighbor of yours paid property taxes as well. You knew it but never did anything. If such a situation continued for a particular period of time as set by state law, your neighbor will be able to claim this portion of the property as his/her own. The theory behind this is that you never disputed your neighbor's use of your property by a lawsuit, so, you, the actual owner, have abandoned your rights to the property.
Thanks.
I see!
I am very clear now.
Thank you James!
I am very clear now.
Thank you James!
Hi Noriko!
You are most welcome! In case you face further questions regarding mortgage issues, you can place the question in the forum and the forum members will try to help you.
Thanks.
You are most welcome! In case you face further questions regarding mortgage issues, you can place the question in the forum and the forum members will try to help you.
Thanks.