Can a Tenant Claim Adverse Possession on Property They Occupied Under a Lease

[comengoexpress]

What would constitute the notice of neglect on our part? Again, the tenant held the entire property under lease until 2008, when they vacated the premises and erected the fence at the end of the lease. I was able to locate Google photographs of the property in 2007, before the fence was erected. They show that the tenant used the entire parcel as one. I really appreciate any opinions offered, whether or not they favor my point of view. I'm merely trying to determine if we have any actions available to us. Thanks.

[jk]

not notice of neglect but neglect of notice.


The filing of the deed was the notice and you neglected it.

Personally, I am wholly against a claim as such being supported as while the filing of the deed was technically notice of the action, it's not like the registers office calls up people and says "Hey, did you know there was a deed filed transferring property you own?" Seriously, it is a poor notice. It's not like people check their property title every year, or at all for that matter.

Regardless, if LS believes it may be a problem, he is likely correct. This is his area of expertise and experience.

[LandSurveyor]

I'm not advocating for any point of view on this, just adding a factor which will likely come up if the OP files suit for ejectment.

Upon creation of the "new" parcel from the RR easement in 1970, the county or district PVA (property value administrator) would have changed the description and probably the valuation of the OP's parcel. The tax bill, mailed to the OP's predecessors/agents would have contained written confirmation that something had changed from previous statements. Whether something like that happened is not known.

Regardless, the change in status in 1970 would have been recorded in the deed books of the county clerk and also in the PVA records.

Should we all be checking our titles every year? Of course not. Should we check our leased commercial property titles more than once in 42 years? Probably a good idea.

[comengoexpress]

I can see that potential wrinkle as being a problem. Unfortunatly, with this one and many other triple net leases, the tax bills are mailed to the tenant. This arrangement was in place before our inheritance of the property. We would only of received notice if the Tax Bill had gone deliquent. Thanks for your continued replies to my thread. I really appreciate any thoughts or suggestions concerning this issue.

[LandSurveyor]

I still agree with jk's earlier advice: get a letter out and see what happens. Spend a few dollars and have it sent by a local attorney.

[comengoexpress]

Thanks for your advise and counsel concerning our ROW issue. I've been in contact with a local attorney whole will advise us further. Please don't hesitate to give other thoughts or suggestions. I'll post any other developments in our endeavor.

[jk]

and hearing the outcome would be welcome on this end as well. Good luck.