Q: Remainder owner on property deed question?
I am the remainder owner on a property deed and an individual lives in a mobile home on a section of the property and they have the deed to the mobile home. Does the property itself belong to me as I am the remainder owner on deed?
I am asking this question because I was told that if they lived there long enough that the property would be theirs also.
Campbell County approximately 4 acres and the resident has been there for about 4 yrs and the deed was established about 20 yrs ago. They have deed to mobile home only.
I’m only concerned about what the situation will be once the property is transferred to me was the remainder owner. If I will have problems with the mobile home on property.
A: Adverse Possession is very real, especially under color of title. Hire an attorney to search both title. The mobile home may have been an out conveyance before you got an estate. Taxes must be checked closely. You did not mention how many acres or County. A Detainer Warrant or an Ejectment Action may be necessary to regain possession. Or you may have busted the SOL.
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A: It is possible that you are left with only an expensive, difficult Ejectment action. However you might get away with a Detainer if they do not fight you. Hire a an attorney now to investigate and draft a suit in Chancery. Hopefully you do not have a boundary dispute.
A: If the life estate holder rents or allows the mobile home there, then you have problems. LE has a present right of possession until it is terminated and your Remainder vests in possession.
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