Posted by Rick, the Probate Guy on May 16, 2009 at 07:19:25:
An example is where someone has used a road or access point which requires “trespassing” or similar conduct to get to where they want to go, over another’s land.
The owner who’s land is being used wants to preserve his right to restrict or cut off access to others in order to avoid the creation of an easement by common and periodic use of his land by others.
In CA, we see common applications of this law by beach landowners who are concerned about surfers and other people who use their private pathways to access public land.
Adverse Possession - Posted by Jack-E
Posted by Jack-E on May 11, 2009 at 15:02:24:
What is the basic law behind Adverse Posession? Is this intended to quiet title to any claim towards ownership? What are the guide lines if any as to how it is applied.
Re: Adverse Possession - Posted by Rick, the Probate Guy
Posted by Rick, the Probate Guy on May 12, 2009 at 20:56:12:
Laws vary widely from State-to-State. Basics also differ whether the property was taken by way of “color of title” (a defective document that appears on its face to transfer an interest) or “Claim of right” (It’s mine, everybody!).
Here are the five basic requirements to an A/P:
- Actual, open and notorius
- Hostile and adverse
- Exclusive possession
- Continuous and uninterrupted
- Pay outstanding and current property taxes
Minimum time required varies from two years (AZ) to 20 years (maybe more?).
Innocent question is akin to like asking how to buy a high-rise building. This is a simple answer, however as you can imagine, there are many missing details.
Also, from experience, be mighty careful with that axe, Eugene!
Re: Adverse Possession - Posted by Jack-E
Posted by Jack-E on May 13, 2009 at 14:51:29:
I agree. This may throw a whole new light on the subject. In the case in question, it would be “color of title”. The case for A/P would be in lieu of a valid title through sucessive life estates in one single document, if it is held not to be valid. The five basic requirements would, I believe all apply. The state is Oklahoma. Do you know what their minimum requirement in number of years would be? What would be the best defense against A/P under that circumstance?
Re: Adverse Possession - Posted by Rick, the Probate Guy
Posted by Rick, the Probate Guy on May 13, 2009 at 19:51:30:
Same obsession with that multi-life estate deal, eh?
I like your out-of-the-box thinking.
Oklahoma: In Oklahoma, the duration of such possession is fifteen (15) years. Oklahoma Code §12-93; 60-333.
Now go and get that puppy done!
Re: Adverse Possession - Posted by Jack-E
Posted by Jack-E on May 14, 2009 at 15:42:33:
Thanks for the compliment. I am going to do this next week with an attorney in OKC. Any other suggestions or questions I should ask?
Re: Adverse Possession - Posted by Rick, the Probate Guy
Posted by Rick, the Probate Guy on May 15, 2009 at 09:07:15:
Yes. Ask the attorney about prior real and true adverse possession cases that they have successfully completed. Listen for HOW they answer, not just the words. If they’ve only done prescriptive easement cases, it ain’t the same thing.
That might be just fine, but you ought to be on the right footing from the start so the attorney knows that you aren’t willing to pay for his/her education on the subject.
Re: Adverse Possession-Proscriptive Easement - Posted by Jack-E
Posted by Jack-E on May 15, 2009 at 13:56:00:
Thanks Rick. What is a Proscriptive Easement case?