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yn1ss582ret · Sep 27, 2010, 11:17 AM

I recently moved into my fathers home. My mother passed away 30 years ago. Land was distributed to my father and us three children. We each turned the land back over to our father. Father remarried a year later. She had three children also. Stepmother passed away five years ago. Improvements in the home was calculated and distributed to each of the children. This made our father soul owner of the home and land. My uncle past away and my father inherited his house and land. Since then my step brother is purchasing my uncles house and 1 acre from my father. Step brother asked if he could fence in a couple of acres for some horses. My father said OK. But now he has fenced in almost 8 full acres. Word has gotten back to my father that my step brother is looking into taking this land from my father. So, does he have any legal grounds to take the land. If he does how long is the waiting period and if he does should we have the fences removed to stop the claim.

twinkiedooter · Sep 27, 2010, 05:54 PM

He can't legally take the land that he fenced in. Have the fences in that area removed as soon as possible. To be on the safe side consult a good local attorney to see if the attorney can legally make him remove the fences as soon as possible as this is not his land. In some states he could be entitled to the land if he pays taxes on the land. If he pays no taxes upon the land then it is not his to "take" and he needs to remove his fences immediately.

AK lawyer · Sep 27, 2010, 06:15 PM

Originally Posted by yn1ss582ret

I recently moved into my fathers home. My mother passed away 30 years ago. Land was distributed to my father and us three children. We each turned the land back over to our father. Father remarried a year later. She had three children also. Stepmother passed away five years ago. Improvements in the home was calculated and distributed to each of the children. This made our father soul owner of the home and land. My uncle past away and my father inherited his house and land. Since then my step brother is purchasing my uncles house and 1 acre from my father. Step brother asked if he could fence in a couple of acres for some horses. My father said ok. But now he has fenced in almost 8 full acres. Word has gotten back to my father that my step brother is looking into taking this land from my father. So, does he have any legal grounds to take the land. If he does how long is the waiting period and if he does should we have the fences removed to stop the claim.

As I was reading the first half of your question, I was figuring it would be some sort of inheritance issue. But no, you say your father ended up with everything. Fine. Cutting through the chaff, it appears that your step-brother is purchasing a house (one one acre) belonging to your father, and got your father's permission to fence in some additional land (~ 8 acres). What would fencing the 8 acres arguably with permission have to do with somehow obtainng a claim of title to the 8 acres?

joypulv · Sep 30, 2010, 01:59 PM

This story has a lot in in that isn't necessary. By what right does the step brother think he can 'take' the land he didn't buy? Some sort of easement (landlocked, etc)? Adverse Possession? The portion the thinks he stands to inherit someday? Is the rumor even true, and has he taken some sort of legal step? I wouldn't go around ripping anything down just yet. Your dad said 'a couple of acres' were OK to fence and now it's 'almost 8' and all this needs to be defined between your dad and his stepson. There's a weird lack of communication going on.

ballengerb1 · Sep 30, 2010, 05:54 PM

I think the step brother may be thinking he can grab the 8 acres under open and notorious possession or adverse possession. That takes time, varies from state to state. Your dad should exercise his property rights to show he is the owner, like telling soony boy to remove the fencing and horses. Soony won't inherit this land unless dad dies without a will, does he have one, he needs one.

ScottGem · Sep 30, 2010, 06:02 PM

Another thing dad can do to protect is property is draw up an agreement that gives step son a limited right to use the property, and that right will end with his death or the sale of the property.

Adverse possession would only apply if the father knew of the use and didn't object, but a stated use contract would eliminate that.

ballengerb1 · Sep 30, 2010, 06:04 PM

Good point Scott. However if I were dad and knew the little stinker was thinking of taking my land I would not be planning to allow soony boy to hang around any longer

ScottGem · Sep 30, 2010, 06:19 PM

Originally Posted by ballengerb1

Good point Scott. However if I were dad and knew the little stinker was thinking of taking my land I would not be planning to allow soony boy to hang around any longer

True and I agree if that's his intention, but it may not be.

AK lawyer · Sep 30, 2010, 06:28 PM

If anyone who occupies another's property, with permission, can acquire title through adverse possession, there would be no such thing as long-term leases.

The step-son would have to be occupying it as though it was his. Perhaps he could at a later date say "the old man told me he was giving me the land, and that's why I put the fence around it". Or, "He gave me a deed to the house, but I mis-read the dead, thought it was for the 8 acres as well, and that's why I fenced it, thinking it was mine."

Either way, he would have to lie through his teeth, if OP is to be believed.