[dgr1018016]

I have let my father and his lady friend live in a home that belongs to me and my sister. They have been there for 14years and my father is in poor health, and we are scared that this woman will try to take this property from us through Adverse possession or squatters rights, which I think is the same. We live in the state of Alabama, and not sure of what she can do. Please let me know what my rights are and if she has any legal rights to our property. She has made threats that she can do this. Thank you.

[CESElizabeth]

I am not a lawyer. You can check with your attorney general's office to verify this information or ask a lawyer

Squatter's rights

Adverse possession is sometime called "squatters' rights". If the squatter abandons the property for a period, or if the rightful owner effectively removes the squatter's access even temporarily during the statutory time, the "clock" usually begins running again. However, one squatter may pass along continuous possession to another squatter, known as "tacking", until the adverse possession period is complete. A lawful owner may also restart the "clock" by giving temporary permission for the occupation of the property, thus defeating the necessary "continuous and hostile" element. Evidence that a "squatter" paid rent to the owner would defeat adverse possession for that period.

Squatter's rights embodies the idea that if one property owner neglects property and fails to use it, and a second person starts to tend and use the property, then after a certain period the first person's claim to the property is lost and ownership transfers to the second person, who is actually using the property. In modern law, the right of adverse possession refer exclusively to real property. Fewer and fewer rights are retained by physical possessor(s) of the property. Some rights do remain, however, and are codified in the notion of fair use and the doctrine of first sale.

Adverse possession

In real estate common law, adverse possession is a means of acquiring title to another's real property without compensation, by, as the name suggests, holding the property in a manner that conflicts with the true owner's rights.

Adverse possession requires the actual, visible, hostile, notorious, exclusive, and continuous possession of the property for the statutory period, and some jurisdictions further require the possession to be made under a claim of title or a claim of right. In simple terms, this means that those attempting to claim the property are occupying it exclusively (keeping out others) and openly as if it were their own. Generally, the openly hostile possession must be continuous (although not necessarily constant) without challenge or permission from the lawful owner, for a fixed statutory period in order to acquire title. Once the cause of action for trespass arises, the landowner has a certain number of years to bring an action. Once that time has passed, the trespasser can no longer be evicted from the property, since the trespass action is time-barred.
Alabama Code §6-5-200 allows adverse possession after 10 years under recorded color of title, and, otherwise, after 20 years. The 20 years is not in the statute, but it appears to be in Alabama's Common Law. On its face, it appears to be a standard adverse possession statute, but I would disclaim that I am neither a lawyer nor a citizen of Alabama.

My interpetation, you gave permission for your father to live there, so is not hostile and permission given. After the death(sorry only way to phrase it) you must evict or remove her with a trespass notice because the possession will be hostile with her and she could, based on the amount of time and how often you try to remove her gain possession.

Frankie

[LisaB4657]

There are no more squatters' rights. Any rights that squatters may have had previously has been replaced by the law of adverse possession.

Adverse possession does not apply here because you allowed this woman to live in the house. For adverse possession to apply she had to be living there without your permission.

Hostile possession does not begin until you inform her that she is no longer allowed to live there. Merely the fact that your father passed away does not change her status to hostile possession.