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-   -   Claiming property through longterm care (https://www.askmehelpdesk.com/showthread.php?t=166467)

  • Dec 28, 2007, 09:11 AM
    jewel4641
    Claiming property through longterm care
    I live in Georgia. I have been taking care of a small piece of property (about an sixth of an acre) directly behind my property for twenty years. This small piece of property lies between the back of my property and a creek. There is not enough land to develop it in any way. I want to know if I can claim this property since I have been using it for a small garden and to store cut fire wood, caring for it by cutting the grass and maintaining it for twenty years.
  • Dec 28, 2007, 07:46 PM
    froggy7
    Generally, no. However, the first thought I would have is "who does it belong to?" Followed by "Does anyone care if I continue to use it the way that I have?" If you find out who it belongs to, you may be able to buy it from them for a nominal amount.
  • Dec 28, 2007, 08:05 PM
    Fr_Chuck
    You would have to file in court to take it away from the actual owner, this is called adverse possession. Each state has its own rules,

    If the owner of the property has given you permission and is aware of you using it, normally no you will not be able to.
  • Dec 28, 2007, 08:19 PM
    ScottGem
    On the other hand, if the owner is aware of your use and has done nothing about it, then you may have a case for adverse possession. But your first step is to check who owns the property and whether the taxes are up to date.
  • Dec 28, 2007, 09:21 PM
    ballengerb1
    My first thought was generally yes based on what you have stated. If you have cared for the land for 20 years you'd know if the true owner ever said or did anything to assert his rights of ownership. In my area we see lots of situations like this with creeks running through rural areas and farms. The land could belong to the fellow on the other side of the creek and the creek just cot off his access and use of that portion of his field. If a farmer can't get to a tiny piece of land he sometimes just doesn't care. Follow Fr_Chuck and Scott's advice.

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