Asked in Real Estate Law

Q: This is a question about my friend's pending case of recovery of possession of her land

Good day!

A parcel of land was transferred to my friend's name when her parents died in 1991 because of an accident. From 1930 up to the present, she has been paying the real state taxes, however, a portion of her land was unlawfully possessed by a certain Alex. This guy was claiming that he has been in possession of the land since 1950. My friend gave him a written demand to vacate since she was planning to sell it to a prospective buyer, but this Alex refused to vacate saying that the said land was forest land and that my friend slept over her rights to claim for the recovery of the land.

Thank you for answering!

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1 Lawyer Answer
Anthony M. Avery
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Answered

A: Alex probably has a good claim of adverse possession. The tax statutes may help your friend. And she will probably need a very competent attorney to search the title and file an Action for Ejectment. The SOL may have already run, but she cannot wait on her rights. Quiet Title, Boundary Dispute, etc. may also be appropriate actions in addition to Ejectment.

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