Ownership of Land Through Occupancy - Posted by Robin

import · February 25, 2006, 3:45pm

Posted by William Bronchick on February 27, 2006 at 09:19:22:

What you are thinking of is “adverse possession”, which allows someone to acquire ownership through continued possession of land; however that possession must be HOSTILE to the true owner, that is, they are claiming it to be THEIRS continuously, openly and notoriously. In your case, the fact that you pay the taxes will likely defeat their claim.

In some states, that possession must also be under “color of title”, that is, they must have a good faith basis for believing it is theirs. The statutory period changes from state to state, so it may be 25 years in TN and 16 years in FL (I honestly don’t know all the time frames, so you have to check your own state law).

The most common application of adverse possession is a fence or other encroachment that is over the property line for a number of years. Keep in mind that it is not automatically yours either way; you have to file a lawsuit for “quiet title” and prove the elements to a court.

import · February 25, 2006, 3:45pm

Ownership of Land Through Occupancy - Posted by Robin

Posted by Robin on February 25, 2006 at 16:45:13:

For over 20 years I have owned 125 acres of land. I have allowed my nephew and his family to live in the only house on the land, without paying rent, in exchange for providing only yardwork and help with other chores at my residence. I understand “homesteading” to apply to public land and, therefore, not applicable to my case. Am I correct? Is there any other law in the State of Tennessee that would negate my will and give my nephew any part of the acreage on which the house stands? Be aware that I pay for all the repairs and taxes on the land and house in question.