[li1688]

We are in the process of purchasing the home of my husband's grandfather, who died in mid-February. His aunt, who has lived in the house for over 20 years, will live with us and is the executrix. His uncle lives in the house sporadically (as in one day out of each week, at most), and otherwise lives with his girlfriend. There are other siblings involved also, and there is a great deal of conflict in the family over this estate, but none of them live in the house.

We are supposed be going to closing within the next few weeks, and this uncle is adamantly refusing to leave, and in fact installed a lock on his bedroom door and stated that he has "squatter's rights" and won't leave for two years if he so decides.

This uncle does not pay rent, has no lease, and does not contribute toward any bills. We really don't want to first contend with eviction proceedings after closing and, in fact, our attorney refuses to allow us to close while this uncle resides in the house.

Legally, what can his sister, the executrix of the estate, do to get him out prior to closing?

ETA: This is in Suffolk County, New York.

[N0help4u]

squatters rights is not as simple as I have lived here for x amount of years.

Adverse possession requires five elements in regards to the possession of the property[1]:

1. Actual possession: its a function of the type of property, location, and uses. Paying taxes may or may not be required as proof. Can also be by “color of title” where the adverse possessor enters by way of a faulty deed (many states reduce the statute for someone claiming color of title). This sometimes results in “constructive possession” although legal owners in actual possession will negate the constructive possession of another.

2. Open and notorious: adverse possessor's use of the property is so visible and apparent that it gives notice to the legal owner that someone may assert claim. Must be of such character that would give notice to a reasonable person. If legal owner has knowledge, this element is met, although can be also met by fencing, crops, buildings, or animals.

3. Exclusive: adverse possessor holds the land to the exclusion of the true owner.

4. Hostile or adverse: Objective view: used without true owner's permission and inconsistent with true owner's rights. Bad faith or intentional trespass view: the adverse possessor's subjective intent and state of mind. Mistaken possession in some jurisdictions does not constitute a hostility. (An element that is often irrelevant). Good faith view: a few courts have required that the party actually mistakenly believe that it is his/her land.

5. Continuous: adverse possessor must, for statute of limitations purposes, show that property was held continuously for the entire limitations period. Must use as a true owner would for that time. When is the use significant enough to start the running of statute of limitations. This element is focused on adverse possessor's time on the land, not how long true owner has been dispossessed of it.

In addition, some courts require (by common law or statute): 6. Claim of title or claim of right 7. Good faith or bad faith 8. Improvement, cultivation, or enclosure 9. Payment of property taxes

If he can't prove he contributed to the upkeep or taxes or some other substantial proof then ---

---sounds like all he can prove is he was related and he was living there.

[Fr_Chuck]

She needs to give him an official notice to move out, then if he does not move, they have to file an evection though housing court.
** don't expect to close for a bit, but have your attorney help with the paperwork to evict to speed it up.