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Adverse Possession of Dormant Land

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  • 11-06-2008, 01:25 PM
    GE24
    Adverse Possession of Dormant Land
    My question involves real estate located in the State of:

    I am voluntarily keeping up a parcel of long abandoned land adjacent to my property, as those who lived in this house before me did. I would like to purchase the land and am waiting for the city to foreclose so I can bid on it. In the meantime, if I wait long enough and the foreclosure doesn't come about, can I petition for adverse possession. The state law stipulates 7 years with color of title. Does my upkeep qualify or contribute to color of title?
  • 11-06-2008, 05:41 PM
    lwpat
    Re: Adverse Possession of Dormant Land
    Color of title means that you have a deed that says you own the land even though the deed is defective in some way. To claim adverse possession the best way is to put up some type of fence and then post the property listing your name on the placards. Take pictures and have witnesses to verify the date. Then you will have to pay an attorney and go to court after the statutory time limit.
  • 11-06-2008, 06:17 PM
    aaron
    Re: Adverse Possession of Dormant Land
    Laws vary by state. You need to follow the instruction to identify the involved state.

    Assuming North Carolina based upon another thread, "'Color of title is generally defined as a written instrument which purports to convey the land described therein but fails to do so because of a want of title in the grantor or some defect in the mode of conveyance.'" Hensley v. Ramsey, 283 N.C. 714, 732, 199 S.E.2d 1, 12 (1973) (quoting Price v. Tomrich Corp., 275 N.C. 385, 391, 167 S.E.2d 766, 770 (1969)).
  • 11-07-2008, 03:57 AM
    GE24
    Re: Adverse Possession of Dormant Land
    It sounds as if a criminal act, fraudulence, in this case, combined with time and "hotile" possession designed to exclude others is a formula for aquiring free land. If one wishes to prevent a defective deed holder from gaining adverse possession it is therefore necessary to interfere with the individual's possession before such time as would qualify them to take action to gain title and whle they do not yet have true ownership. Is this correct?
  • 11-07-2008, 02:23 PM
    lwpat
    Re: Adverse Possession of Dormant Land
    You are correct.
  • 11-07-2008, 05:00 PM
    GE24
    Re: Adverse Possession of Dormant Land
    Are there ways of going about this that are better than others?
  • 01-07-2009, 09:21 AM
    eapls2708
    Re: Adverse Possession of Dormant Land
    Although many have used AP laws in an attempt to steal the land of another (and fewer still succeed), it is not designed as a legal means to commit an otherwise illegal, or criminal act.

    AP is primarily a means by which clouded title can be cleared up in circumstances where rights based upon possession ripen to become superior to rights based upon parcel seniority or other rights.

    As lwpat stated, color of title, in the form of some legal documentation by which you can reasonably believe that you have a valid claim to the land, is required.

    In your case, you are aware that the property in question is not interpreted as being within the description in your deed. No color of title.

    You might consider checking on the payment of the property taxes, and if they have not been paid, paying them. But check with a local attorney first. In some states that would be a benefit in making a future claim. In others, it may not be.

    You might also look into the ownership of the lot and check the tax payment history. If the owner is behind on the taxes, perhaps they would be glad to get something out of it, even if it is at a fire sale price.
  • 01-31-2009, 10:17 PM
    pliznyk
    Re: Adverse Possession of Dormant Land
    now some are not interested in "stealing land" but only claiming that which appears neglected and unwanted, such as is my case. now i am very interested in this subject as i have only recently discovered the concept and would like more info on such actions. does said land have to be undeveloped or unregistered? and what of a large parcel such as thousands of acres where simply no one would notice question or care. if i have knowledge that this land is not mine nor could it have been mine, could i stake up this land for said amount of years and then claim it by reason of belief that it was abandoned and therefore unwanted, even without color of title? :confused:
    and furthermore if one were to build a life and a family on a piece of "dormant" land for all the required term shy of a year, would he lose all that he has put in to it, such as a well, septic and most importantly the time and care that made it a home? now til i owned it we would probably stay in something moveable. but as with salvaged boats and such if they are rescued and repaired the original owner is liable for reimburstment or forfiet said property, is it this way with land?
    i dont forsee ever being able to afford much and land is probably a far fetched dream, so i get hope when i hear of such a possibility and see acreage all over that appears untapped, in the middle of nowhere, surrounded by nothing. is this an opportunity?
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