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    kmrobin's Avatar
    kmrobin Posts: 3, Reputation: 2
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    #1

    Mar 19, 2009, 10:41 AM
    Squatters Rights
    My sister and brother inlaw have lived on his Aunt's property about 11-12 years, the request came from his mother who was the caretaker of the Aunt. The Aunt loved my brother in law and wanted him to have the property after she died... (he was never paid to take care of her or the property). Now the Aunt has passed on without leaving a will, at least none can be found. What rights do they have?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Mar 19, 2009, 10:51 AM
    Quote Originally Posted by kmrobin View Post
    What rights do they have?
    Hello km:

    There are no squatters rights. There is the law of adverse possession, but that entails possessing property WITHOUT the owners permission. That isn't the case here. So, if they're not mentioned in the will, or if there isn't any will, they have NO rights.

    Oh, they have TENANT rights, meaning they can't just be thrown out. They'll have to be evicted.

    excon
    kmrobin's Avatar
    kmrobin Posts: 3, Reputation: 2
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    #3

    Mar 19, 2009, 11:08 AM
    Well it appears now that his mother does not want to give them any land or compensation for the years they were there and took care of the Aunt. She just wants to sell the place. They do not want to leave. So does that make the law of adverse possession come into play?
    Quote Originally Posted by excon View Post
    Hello km:

    There are no squatters rights. There is the law of adverse possession, but that entails possessing property WITHOUT the owners permission. That isn't the case here. So, if they're not mentioned in the will, or if there isn't any will, they have NO rights.

    Oh, they have TENANT rights, meaning they can't just be thrown out. They'll have to be evicted.

    excon
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Mar 19, 2009, 11:11 AM
    Quote Originally Posted by kmrobin View Post
    She just wants to sell the place. They do not want to leave. So does that make the law of adverse possession come into play?
    Hello again, km:

    No, because it's only recently that they're there without permisson.

    excon
    kmrobin's Avatar
    kmrobin Posts: 3, Reputation: 2
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    #5

    Mar 19, 2009, 11:16 AM
    Quote Originally Posted by excon View Post
    Hello again, km:

    No, because it's only recently that they're there without permisson.

    excon
    Well thank you so much for your advice... I keep telling them to just get a lawyer and go from there... Thanks again.

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