View Full Version : Squatters rights
treca
Jul 22, 2013, 06:40 PM
We have lived for 20 years on my dead grandmother property that she owned with all her siblings, today one of them contacted us about us moving. Can they make us move
smoothy
Jul 22, 2013, 06:47 PM
Sure they can... you don't own it. Squatters don't have any rights to something they never paid for. Legally you are nothing but trespassers.
N0help4u
Jul 22, 2013, 06:49 PM
What state/country do you live in? You want to check to see if you qualify for adverse possession. You lived there over 7 years, paid taxes(?), maintained the property
smoothy
Jul 22, 2013, 07:05 PM
what state/country do you live in? You want to check to see if you qualify for adverse possession. You lived there over 7 years, paid taxes(?), maintained the property
Adverse possession only applies and starts AFTER the owners find out you are their against their wishes and then do nothing. If they let you stay there its not adverse possession.
N0help4u
Jul 22, 2013, 07:35 PM
I don't think that's the way it works in my state.
-the details concerning adverse possession actions vary by jurisdiction. The required period of uninterrupted possession is governed by the statute of limitations. Other elements of adverse possession are judicial constructs.- Continuous use of the property – The disseisor claiming adverse possession must hold that property continuously for the entire statute of limitations period, and use it as a true owner would for that time. The statute applies only to the disseisor's time on the property, not how long the true owner may been dispossessed of it (by, say, another disseisor who then left the property).-
Also it looks like the OP is saying they knew they were there but only now having a problem with it
treca
Jul 22, 2013, 10:33 PM
Sure they can...you don't own it. Squatters don't have any rights to something they never paid for. Legally you are nothing but trespassers.
Actually the grandmother before death told us to move here it was abandoned and all growed up, now 20 years later greed is my problem
treca
Jul 22, 2013, 10:34 PM
I dont think thats the way it works in my state.
-the details concerning adverse possession actions vary by jurisdiction. The required period of uninterrupted possession is governed by the statute of limitations. Other elements of adverse possession are judicial constructs.- Continuous use of the property – The disseisor claiming adverse possession must hold that property continuously for the entire statute of limitations period, and use it as a true owner would for that time. The statute applies only to the disseisor's time on the property, not how long the true owner may been dispossessed of it (by, say, another disseisor who then left the property).-
Also it looks like the OP is saying they knew they were there but only now having a problem with it
This is in Kentucky, we have paid taxes for like 20 years.
joypulv
Jul 23, 2013, 01:13 AM
Unfortunately for you, your 'possession' is not hostile and adverse. You have no rights, although you certainly can try, but it will mean hiring a lawyer unless you REALLY know law.
In Kentucky, the duration of adverse possession is seven (7) years if held under patent from the state and fifteen (15) years otherwise. Kentucky Code §413.010, 050, 060.
You fall under the 15 years.
In order to acquire title by adverse possession, you have to show entry under color of title, open and notorious possession of the property, hostile to the claims of all others and exclusive in nature for the prescribed time.
Having paid taxes for 20 years is going to be basically considered the same as paying rent. Sorry. You can certainly try to fight for some compensation if you also fixed the place up, but you will probably lose.
joypulv
Jul 23, 2013, 02:44 AM
Forgot to say the very first thing you should do is go to the town hall deed office and look up the deed. Whose name or names are on the deed? Those are the only people who can evict you.
ScottGem
Jul 23, 2013, 03:21 AM
Have you paid rent during that time?
I don't think you will have a leg to stand on here. Grandma gave you permission to move in. The siblings were aware of this and permitted you to live there in return for you paying the taxes and keeping up the property. So you basically got free rent for 20 years in return for those services. That doesn't necessarily, give you ownership.
However, ALL of the owners will have to cooperate to terminate your residency.