Asked in Land Use & Zoning and Real Estate Law

Q: can i file adverse possesion on private land if we already stayed for a span of 50 years?

1 Lawyer Answer
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Real Estate Law Lawyer
  • Knoxville, TN

A: You do not file for adverse possession. Check with your Tax Trustee about the County Property Taxes, as there may be a Tax Sale already. Depending on your State, you may be barred from asserting ownership by nonpayment of taxes. Whatever the case, you might be able to file a Quiet Title Action, while not violating a non tax payment Statute which usually occurs after a certain number of years. Hire a competent attorney that understands real property litigation. A Survey might be needed also to create a good legal description to be placed in the Court Decree. Spending money and time here might reap a nice home, or you may find it is not worth the trouble.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.