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  1. #1
    Join Date
    May 2012
    Posts
    5

    Default How Much Use Will Prevent Adverse Possession Claims

    My question involves real estate located in the State of: Mississippi

    In 2004 my family acquired a section of property from my uncle(or so he says), which was within an hour of foreclosure. Long Story short. We have never denied them access to the land, but I have been hunting and fishing the property this whole time and paying all the taxes on the property. Is hunting and fishing enough activity for me to actually say that I have been using the land? BUT at the same time We are still under the supposed 10 year time period of ownership of the land. Does it help that the property never was deeded to my uncle? It was NEVER in his name, it went from my grandparents, and then to a couple others(investors), but never my uncles name.

  2. #2
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,376

    Default Re: Can I Be a Victim

    Are you a part of the ownership of the property?

    If not, what is your relationship to the owners?

    Other than hunting and fishing, is there any other use of the property?

  3. #3
    Join Date
    May 2012
    Posts
    5

    Default Re: Can I Be a Victim

    yes I am part owner of the property. Its mine and my dad's.

    we have a tree farm on the land, which really does not require much activity to take care of, but i'm there every other week checking on things.

  4. #4
    Join Date
    Jan 2006
    Posts
    27,916

    Default Re: Can I Be a Victim

    who is the possible possessor in this adverse possession scenario. You obviously cannot adversely possess your own property.

    In other words; your explanation of the situation is confusing. In one sentence you say some investors bought the property from your grandparents and now you and your father are owners of the property.

    I have no idea why you mention your uncle at all.

  5. #5
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,376

    Default Re: How Much Use Will Prevent Adverse Possession Claims

    Things move along pretty slowly on a tree farm. Hunting and fishing once in a while will likely defeat an adverse possession claim, unless the potential adverse possessors are acting to keep you out, and perhaps harvesting and selling trees. Being there every week or so is a very good thing as far as preventing an adverse possession claim. Keep a diary of every visit if you are wary of a claim.

    Is this an entire section (640 acres)? Regardless of the size, do you have it posted for trespassing? If not, and you sense a claim coming, I'd get some signs up.

    who is the possible possessor in this adverse possession scenario.
    from jk.

    I think that's the question at his point.

  6. #6
    Join Date
    Jan 2006
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    27,916

    Default Re: How Much Use Will Prevent Adverse Possession Claims

    but also be aware that although use by the owner can defeat an adverse possession claim, it does not defeat a claim of prescriptive easement. While adverse possession requires exclusive use, a prescriptive easement claim does not. To defeat such a claim, you must actively deny access, either physically or by notice.

  7. #7
    Join Date
    May 2012
    Posts
    5

    Default Re: Can I Be a Victim

    Quote Quoting jk
    View Post
    who is the possible possessor in this adverse possession scenario. You obviously cannot adversely possess your own property.

    In other words; your explanation of the situation is confusing. In one sentence you say some investors bought the property from your grandparents and now you and your father are owners of the property.

    I have no idea why you mention your uncle at all.
    yeah its a weird situation with the property. The land was willed to my grandparents, then put up for collateral years ago, then transfered to another relative(an investor of sorts) to keep it, then to another, then my dad and I went in and are the current and only owners.
    SO I don't see how my uncle can even have anything to do with it legally. But he is trying.

    LS its only 262 acres. We have put up signs, they get torn down. We recently had out lawyer send them a letter, I'm not exactly sure what it said. I work in the gulf of mexico on an oil rig and haven't talked to the lawyer much on it yet.

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