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  1. #1
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    Jan 2011
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    Default Adverse Possession of an Heir's Property

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

    We own and occupy property that has been in family for many years. Grandmother owned part that was left by intestate succession to 8 children. My father was one of the 8. In about 1973 all owners except 1 uncle deeded property to my father. His name is on deed but he did not sign. Father died in 1985, mother received ownership through survivorship. Mother died in 2000, I inherited 1/2 from intestate succession and purchased my siblings 1/2. Deed is recorded.
    Now the problem is my deceased uncles family (he died about 35 years ago) is asking us to give them their part of the property. We have lived on this property, exclusive to others, both before and after my father received deed in 1973. Do they have a legitimate claim?
    Can we claim adverse possession of their portion of the property?

  2. #2
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    Default Re: Adverse Possession of an Heir's Property

    Do they have a legitimate claim?
    absolutely. In fact, any heir of any grantor on that deed might have a claim to a share of the property. The deed with all the siblings names and missing the one uncle's signature could be ruled invalid in it's entirety. If so, the property would revert to ownership by all the siblings and would need to be addressed through probate of any possible owner that has died since.

    Can we claim adverse possession of their portion of the property?
    No. You had a right to be on the property so there is no adverse possession.


    You need a lawyer. Whoever recorded the deed without one of the grantors signatures should have addressed the issue with a lawyer then.

    I must repeat; you need a lawyer

  3. #3
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    Default Re: Adverse Possession of an Heir's Property

    I appreciate the answer and input. The reason I thought we might could claim adverse possession is that I looked up Adverse Possession Rules and in Rule #310 and #311 it appeared to me that we might could claim adverse possession, since it stated that under certain circumstances heir property could be claimed under adverse possession rules. However I realize there may be other rules/factors that would disallow any such claim. But if someone is familiar with those 2 rulings and could address how they apply or do not apply in this case, I would certainly appreciate it, as lawyers are generally very expensive.

  4. #4
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    Default Re: Adverse Possession of an Heir's Property

    even if you had an adverse possession claim, you will need a lawyer. It's not like you just tell the other people "oh, too bad. I have a valid AP claim". You would have to present it in court.


    You need to quit worrying about the lawyer being expensive. You will need a lawyer for this.

    can you be more telling with the Rules you speak of; the 310 and 320. In chapter 381 of the KRS, 310 and 320 would have nothing to do with this situation. Another chapter you are speaking of perhaps?

  5. #5
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    Default Re: Adverse Possession of an Heir's Property

    This was found by internet search and is titled Corpus Juris....I am assuming that it is legal facts????

    [$ 310] 44. By Heirs against Each Other—a. Possession Usually Not Adverse. Where one of several heirs enters into or remains in possession of land on the death of the ancestor, his possession will, in general, be considered the possession of his coheirs and for their benefit.1

    [$ 311] b. Under What Circumstances Possession Becomes Adverse. There is, however, nothing in the relation between heirs which will prevent the possession of one from becoming adverse to the others.2 But in order to render his possession adverse there must be plain, decisive, unequivocal acts or conduct on his part amounting to an ouster or disseizin of the others.3 No mere act of ownership will render the possession adverse.4 It has been held, however, that the possession of land by grantees in a deed, wherein the grantors describe themselves as the "sole heirs" of the original owner, is adverse to the other heirs of the original owner from the time that the deed is placed on record.6 And where heirs consent to the possession of their father of community property, he having survived his wife, and he continues in possession until his death, an heir who lived on the land with his father during his life and after his death lived on a part of the land as his by inheritance and partition occupied adversely to his coheirs.' So it has been held that where one of the heirs takes possession of the whole of the land and exercises acts of ownership over it for a number of years and then conveys the whole, his possession is adverse to that of the other heirs, and possession by himself and his grantee for the statutory period will perfect title by adverse possession.7

    To clarify why I thought this might apply, father & mother took care of grandfather and lived with him until grandfathers death in 1973.

  6. #6
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    Default Re: Adverse Possession of an Heir's Property

    Is there a third word after Corpus Juris? like maybe Secundum? If so, it is a collection of case law and interpretations by the authors in an attempt to suggest in the name of continuity, to allow others to see how the general legal system is treating any given situation.. It is not law but an attempt to show how any given situation might be treated.

    to 310. That simply states that your presence on the land is also accepted as the other heirs presence. Notice it states his (your) possession will also be for the co-heirs benefit., not to their loss or detriment.

    to 311:

    And where heirs consent to the possession of their father of community property, he having survived his wife, and he continues in possession until his death, an heir who lived on the land with his father during his life and after his death lived on a part of the land as his by inheritance and partition occupied adversely to his coheirs.
    that is not in play because there was actually a deed used to transfer the interest. If that section to be applicable, there would have had to have been no action to transfer the property but possession merely assumed by the heir living on the property.


    how did the relatives become aware of the situation with the deed? Their father died 35 years ago yet they are only now acting to take possession?


    and on it's face, they are rightful owners of a share of the land. Since they are apparently attempting to make a claim, you will have to defend that claim with your AP claim which means; lawyer and court.

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