What are the laws regarding adverse possession?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are the laws regarding adverse possession?
I am interested in a foreclosure that is owned by Freddie Mac. What is my first step?
Asked on August 24, 2011 Tennessee
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Adverse possession is a common law doctrine codified by statute in all states of this country. To obtain adverse possession of real property the person making the claim must openly, continuously, hostile under claim of right, and to the exclusion of all others use another's property for at least five years as if they themselves own it.
Another requirement is that the property taxes must be paid on the property during the five year time period by the claimant.
Defenses to any claim of adverse possession is that the use of the property was permissive or not hostile. An adverse possession claim is not a favored claim these days in this country.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.