Posted by Greg ¶ on December 30, 2010 at 09:14:33:
In NJ, payment of taxes accelerates the time period for adverse possession from 30 years to 5 years.
http://law.findlaw.com/state-laws/adverse-possession/new-jersey/
I would be going under the 30-year option.
Yes.
adverse possession / quiet title in New Jersey - Posted by Greg ¶
Posted by Greg ¶ on December 22, 2010 at 11:12:16:
I am looking at buying a house in NJ. Behind it are some empty lots, mostly wooded, which face onto a “street” which exists legally but was never put through (it’s just forest now).
The woman who owns the house also owns some of those lots, but not all of them. She and her family lived there for decades, and over that time they cleared land extending onto lots they didn’t own. This is all from my observation and looking at tax maps. If you look at the large back yard (an acre or more) you’d never guess that part of it isn’t deeded to the house owner.
Here is a link to a .pdf with a map I sketched. I would be getting deeded title to the area outlined in red. The yard extends onto significant portions of lots 3, 4 and 5.
http://www.docstoc.com/docs/document-preview.aspx?doc_id=67796438
These other lots were bought up by a company a few years ago. I have 2 concerns:
I think I should have a valid claim to continued use of at least the cleared parts of these lots via adverse possession. I was thinking of making a part of the offer that the seller will notarize a letter stating how long the yard’s been cleared, and that (if it’s true) she knows it extends onto these other lots she doesn’t have deeded title to. I’d then record this at the courthouse. Would this be valuable?
It’s my understanding that I could then file a quiet title action to gain deeded title to these lots. Anyone have a sense of what this might cost in a case like this?
Thanks!
Time & $$ gobbler? - Posted by John Merchant
Posted by John Merchant on December 30, 2010 at 11:29:49:
From the AP decisions and law I’ve read, no AP claim is going to be quick, easy or cheap.
Oxymoronic to say so or even realistically think it, much like the widely ballyhoo’d “Military Intelligence”.
No such thing as many would say.
Suggest you see if you could really talk turkey to some experienced title officer at a local title co, or a competent, experienced and realistic lawyer if such could be found in your neighborhood, to get his/her opinion as to what he/she/they’d want to see done before issuing YOU a clear title report.
I’ve learned through lots of pain and time & money spent that it’s really the T Co. that dictates what you or I must do to clear any title, no matter how illogical it may seem.
Happy New Year.
Re: adverse possession / quiet title in New Jersey - Posted by Bill H
Posted by Bill H on December 30, 2010 at 24:27:25:
Why do you think you have rights under adverse possession?
Two things come to mind immediatealy: They apply in every state I am aware of for adverse possession.
Under adverse possesio you MUST pay the taxes for XXX number of years according to your state statutes.
Under adverse possessiion you MUST open and notoriously ocupy/possess the property to the detriment of the legal owner.
Do you qualify for these?
Re: Time & $$ gobbler? - Posted by Greg ¶
Posted by Greg ¶ on January 10, 2011 at 11:19:06:
Thanks, John.
I agree with your inclination. Part of the problem is that adverse possession is relatively obscure and so finding someone with practical knowledge relevant to your state is going to be a challenge.
I’m not sure I’d be able to get a conclusive answer, so would make an offer on the property with the assumption that I’ll never get deeded title to those back lots. And if I someday do, it’ll be gravy.