Q: I inherited family property from my father in Feb 2011 at that time my father had gave permission for his niece to place

Her new mobile home on said property in 2010. This property has 2 separate lots for 2 separate homes with electric at both locations but only water for main dwelling. In 2011 I purchased a mobile home and placed it on my 2nd lot & negotiated the same terms for family that my dad set which was keep the lawn mowed with my personal riding mower and any maintenance emergency repairs needed he would handle. Over the yrs husband of niece has became violent and I have been granted an order of protection as well as hes gotta move mobile home by July 9, 2020. I gave notice to vacate property May 12 2019 to the Black family which has taken me till today to get granted by judge. Now hes appealing for adverse possession because he mowed the lawn. Never paid any lot rent but they did donate towards land taxes in amount of $1000 since April 2011 till May 2020. Is there any reason he could take possession of the lot his home is on based on this law

1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Landlord Tenant Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: I assume you filed a Detainer Warrant, which the Defendant is appealing de novo to Circuit. With this he will need to post a Bond, which you need to argue the amount of. His paying taxes may allow him to claim it, but that number of years does not give him a presumption of ownership. Adverse Possession has a strict burden of proof. Hire a competent attorney now that understands real property litigation. Hopefully your source of title is of record, and if not, needs to be rectified now. The protection order was a mistake, as usual. If his Appeal De Novo does not actually go through (due to the Bond requirement) then you need a Writ of Possession issued.

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