Results 1 to 8 of 8
  1. #1
    Join Date
    Apr 2007
    Posts
    6

    Default 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.

  2. #2
    Join Date
    Apr 2007
    Posts
    6

    Default Re: Is this adverse posession?

    Quote Quoting Lyndavee
    View Post
    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.

  3. #3
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: Is this adverse posession?

    http://www.expertlaw.com/library/rea...ossession.html

    The people renting had permission from the owner, so it is not hostile.

    http://www.rivkinradler.com/rivkinra...5dehaven.shtml

  4. #4
    Join Date
    Apr 2007
    Posts
    6

    Default Re: Is this adverse posession?

    Quote Quoting Happy Trails
    View Post
    http://www.expertlaw.com/library/rea...ossession.html

    The people renting had permission from the owner, so it is not hostile.

    http://www.rivkinradler.com/rivkinra...5dehaven.shtml
    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?

  5. #5
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: Is this adverse posession?

    I am not aware of any law that would transfer someone's title to people that have been renting.

  6. #6
    Join Date
    Apr 2007
    Posts
    6

    Default 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?

  7. #7
    Join Date
    Jul 2006
    Posts
    5,437

    Default 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.

  8. #8
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default 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.

    1. Sponsored Links
       

Similar Threads

  1. Adverse Possession: Adverse Possession
    By rthacker in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 03-25-2009, 03:27 PM
  2. Adverse Possession: Adverse Possession
    By sc resident in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 03-02-2009, 03:07 PM
  3. Adverse Possession Help
    By linfull in forum Real Estate Ownership and Title
    Replies: 2
    Last Post: 04-15-2008, 07:38 AM
  4. Adverse Possession: Adverse Possession
    By jfagan in forum Real Estate Ownership and Title
    Replies: 2
    Last Post: 03-16-2008, 10:34 AM
  5. Adverse Possession: Adverse Possession
    By juliegonzalez2001 in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 02-04-2008, 10:43 AM
 
 
Sponsored Links

Legal Help, Information and Resources