Posted by Jack on May 03, 2008 at 09:17:46:
The 10 year time period itself will void some liens by execution of the Statute of limitations in your State. But the adverse possession claim/quiet title action itself with do nothing to any such pre existing liens. you could possibly assert in your quiet title action that the liens had been paid off, and ask the court to discharge them, but that would be completely different from an adverse possession claim. You would have to serve the lien holder, which may just alert them to the fact that they have a lien on the property which they had otherwise forgotten about.
Adverse Possession question - Posted by danny cornett
Posted by danny cornett on May 02, 2008 at 13:59:11:
I was told by a local re attorney that the adverse possession law in west virginia is that you must possess the property for 10 years and then have an attorney quiet the title after this period.My question is if I am able to do this for 10 years,will any liens on the title be wiped away after quieting ? Any responses are welcome.Also,are there any other considerations when attempting to quiet the title?
Re: Adverse Possession question - Posted by Bill H
Posted by Bill H on May 06, 2008 at 14:55:02:
Advers posssession almost always carries the caveat that :
a. You must open and notoriously occupy the property…to the detriment of the owner…this means that you cannot simply say you are doing it…you must do it.
b. You must pay the taxes on the property for the time period required by your state.
Adverse Possession IS NOT easy…the courts will not take the property and give it to you just because you say you want it.