Posted by Paula on January 10, 2006 at 08:57:02:
thanks for your input. I actually found a website explaining the quiet title in GA, so I will talk to the attorney who pulled title and see what we have to do to make this deal work. Thanks again for your words of wisdom.
adverse possession - Posted by Paula
Posted by Paula on January 05, 2006 at 16:29:29:
I have a property that I am trying to buy. The seller bought it in 1983 (no title search done) and has been paying taxes on it ever since. When we pull title it shows the man that he bought it from had inherited the property and had started the probate process but never finished and after 5 yrs the courts dismissed it. I spoke briefly with an attorney that I know here and he said that he could file an adverse possession and the whole process would take 45-60 days. Does anyone have any advise on how to handle this. Also, the previous seller died one day after we signed our contract!!!
Re: adverse possession - Posted by David Krulac
Posted by David Krulac on January 05, 2006 at 18:37:31:
sounds more like a Quiet Title Action, which is a much easier process than adverse possession. You don’t say what state you’re in but adverse possession can take up to 30 years, in LA, but only 5 years in CA, Pa is 21 years. so you can see the time varies greatly.
Re: adverse possession - Posted by Ron F Ford
Posted by Ron F Ford on November 04, 2006 at 14:44:32:
I have been living in my Mother house for over 10 years by myself and have paid all the taxes, garabge, sewer, water charges and maintained the property. I have not paid rent. My mother is living with my brother and has had altzimers for over 12 years. Can I take of the property through adverse possession?
Re: adverse possession - Posted by paula
Posted by paula on January 06, 2006 at 09:19:55:
thanks for your response. I am in GA. How does the quiet title work? The attorney that I spoke to is a friend and he said that he has only come across this situatoin one time and he had to re-educate himself. Keep in mind though, he is a criminal attorney. Any advise would be greatly appreciated.
Re: adverse possession - Posted by David Krulac
Posted by David Krulac on January 08, 2006 at 20:45:01:
use an experience real estate attorney who has done qt actions before, so that you don’t have to pay the hourly rate for your attorney’s education. criminal guy no the way to go.
a dligent search has to be made for the people who you are quiet titling. if you can not locate them, or they are deceased and you can’t locate their heirs then you can get service (of notification of the pending suit) by publication as prescribed by the rules/law in your state. after providiing the notice by publication or actual notice, and or posting the property they would have so many days to answer and after which the court would confirm your title to the property. that’s the readers digest version.
Re: adverse possession - Posted by Sailor
Posted by Sailor on January 06, 2006 at 18:15:42:
You need an attorney w/expertise in this area. Your friend should be able to refer you to one.
Tye