Is This Adverse Possession?
THe property was rented back in 1973, rent was paid faithfully for about 2 years, then the rent was paid directly to mortgage company. Over the years the renters paid the mortgage, taxes, water and seage along with the utility bills, owner has not come for payment, has not made any repairs to the house,has not claimed house on his taxes in the last 25-30 years or so. THe renters have passed away leaving thier children in the home, they have all moved out except for 1, can that person claim title to the house under "adverse posession"? I'm not quite clear on the specifics of the law but I know that there has to be something to do with like a "hostile takeover" situation and I was told that this can not be since the house was rented to begin with. Please advise.
Re: Is this adverse posession?
Quote:
Quoting
Lyndavee
THe property was rented back in 1973, rent was paid faithfully for about 2 years, then the rent was paid directly to mortgage company. Over the years the renters paid the mortgage, taxes, water and seage along with the utility bills, owner has not come for payment, has not made any repairs to the house,has not claimed house on his taxes in the last 25-30 years or so. THe renters have passed away leaving thier children in the home, they have all moved out except for 1, can that person claim title to the house under "adverse posession"? I'm not quite clear on the specifics of the law but I know that there has to be something to do with like a "hostile takeover" situation and I was told that this can not be since the house was rented to begin with. Please advise.
I am located in Queens County, NYC. Thank You.
Re: Is this adverse posession?
Re: Is this adverse posession?
Quote:
Quoting
Happy Trails
Ok I get that but is there any other law that would permit a judge to transfer title? And what about the children of the actual renters, beign that the lease agreement was withthe parents and not the children, if one of them were to file would they be considered "hostile" or it would be just as if it wre one of the parents?
Re: Is this adverse posession?
I am not aware of any law that would transfer someone's title to people that have been renting.
Re: Is This Adverse Possession?
Well of course it goes a lot deeper than that, but to try and make a long story short, there was a purchase offer made and accepted, there was a cash transaction, however the title was never signed over, the mortgage has been paid off byt he renters, the taxes and water and sewage charges have been paid by the renters, all repairs and maintenance have been done by the renters and the owner has not been around nor has he been found in the last 25 years. I know with adverse posession there has to be that one thing proving "adversity" but I am wondering if there is anything else, being that the other 2 key factors are there, like abandonment, squatters rights, something you know what I'm saying?
Re: Is This Adverse Possession?
http://www.expertlaw.com/library/rea...ossession.html
Have you read Aaron's article?
There are seven elements to adverse possession; and, in some cases, an eighth one (paying taxes).
Your last set of facts didn't give rise to any kind of claim that I could see.
Re: Is This Adverse Possession?
Although you may end up having to bid against others, you could consider waiting until there is a foreclosure on the tax lien then purchasing the property at the tax sale.
Consider searching for the title owners, or even hiring a private investigator to find them.