Does my friend have a case for adverse possession?

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Does my friend have a case for adverse possession?

Due to an ongoing dispute with the bank, my friend hasn’t made a house payment in four years. Now the bank has decided to sell his house, even though my friend has been living there the whole time. Does this friend have a case for adverse possession?

Asked on January 2, 2017 under Real Estate Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, he does not. At the most basic level, adverse possession in your state requires ten (10) years of adverse occupancy of property, so if your friend has not made a payment for four (4) years, that is nowhere near long enough: even before getting to whether or not his possession meets the other qualifications, it is much too short.


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