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Subject:
Legal property take over law
Category: Miscellaneous Asked by: blueangel-ga List Price: $4.00 |
Posted:
30 Jul 2002 04:17 PDT
Expires: 29 Aug 2002 04:17 PDT Question ID: 46809 |
What real estate law states " If a person builds on or improves on a property and the owner does not take necessary steps/measures in 5 years, then that person can take possession of the property as his own"? |
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Subject:
Re: Legal property take over law
Answered By: richard-ga on 30 Jul 2002 05:50 PDT |
Hello and thanks for your question. You're referring to "adverse possession," sometimes also called "squatter's rights." "If you want to gain title to a realty parcel, you must occupy it by open, notorious, hostile, continuous and exclusive (not shared with anyone else) possession.... Each state has different adverse possession time limits. California only requires five years. But Texas requires 30 years. Other [US] states are in between these extremes." Perfectly legal ways to obtain free real estate http://www.chicagotribune.com/classified/realestate/chi-0205310190may31.story You can read more about adverse possession at: Free Advice http://real-estate-law.freeadvice.com/adverse_possession.htm Search terms: "adverse possession" "five years" The fine print: Obviously, this answer is not legal advice that you can rely on, nor does an attorney-client relationship exist between us. Before taking any action, you should consult a qualified attorney in your state for proper advice Good luck! richard-ga |
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Subject:
Re: Legal property take over law
From: expertlaw-ga on 30 Jul 2002 17:22 PDT |
There are two other legal concepts that you should consider: * Acquiescence. This can occur following a dispute over where the boundary line lies (acquiescence and accord), or where there is an agreement as to the boundary line where the parties respect that boundary line for the statutory period. (That period can vary significantly from state to state, as can the period for adverse possession). If there is acquiescence to a boundary line following an actual dispute, it is possible that the boundary line becomes legally fixed at the point of the agreement. * Waste. When a house or other structure is built such that it extends onto or over a neighboring lot, a court may find that it would constitute "waste" to correct the problem. If this happens, the person who built the intruding structure must pay damages to the person whose property was affected by that structure, but the structure remains in place. |
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