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  1. #1

    Exclamation Color of Title with Adverse Possession

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

    I own property in the above State with another person. We inherited the property. The other person has not had anything to do with the property since and prior to the inheritance. The inheritance occured over 8 years ago. Since the inheritance, I, soley have lived in the property, paid all of the taxes and done and provided for all of the maintenance, with no reimbursement from the other person. This other person now wants to partition the property and I do not. Do I have a legal right to Color of Title w/Adverse Possession? If so, how do I proceed with the process? Are there any legal pleading forms that I can access and do/file myself (pro se)? If not, how do I acquire sole ownership of the property?

    Thank you for all of your help and advise in advance.

  2. #2
    Join Date
    Jun 2009
    Location
    Houston, Texas
    Posts
    75

    Default Re: Color of Title with Adverse Possession

    railroadedbycotenant ask....

    "Do I have a legal right to Color of Title w/Adverse Possession?"

    § 13-109. Payment of taxes with color of title. Every person in the actual possession of lands or tenements, under claim and color of title, made in good faith, and who for 7 successive years continues in such possession, and also, during such time, pays all taxes legally assessed on such lands or tenements, shall be held and adjudged to be the legal owner of such lands or tenements, to the extent and according to the purport of his or her paper title. All persons holding under such possession, by purchase, legacy or descent, before such 7 years have expired, and who continue such possession, and continue to pay the taxes as above set forth so as to complete the possession and payment of taxes for the term above set forth, are entitled to the benefit of this Section.

    The relevant statutes are here. Contact a good lawyer to find out if your particular set of circumstances qualifies under the statutes.

    railroadedbycotenant ask....

    "If so, how do I proceed with the process?"

    Contact a lawyer, they will fill you in on what it would take to bring a legal action.

    railroadedbycotenant ask....

    "Are there any legal pleading forms that I can access and do/file myself (pro se)?" and " If not, how do I acquire sole ownership of the property?"

    I can't advise you on how to be your own lawyer.

    Adverse possession is perfected through the legal system, unless you can get the other concerned party to agree to deed it to you.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Color of Title with Adverse Possession

    You never believed you had clear title and have nothing to point to to suggest you had clear title. You've known all along that you have a co-owner.

    You don't indicate whether or not you've ever even asked for contribution, although it's perfectly reasonable for the person in exclusive possession to pay the routine expenses.

    Your best bet is to buy out your co-owner's interest.

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