Q: Land ownership dispute due to absence during military service
I have a deed to a piece of land given to me by my mother, and I've been paying taxes on it, although I haven't been able to visit for 30 years due to my military service, which I can prove with my DD 214 documents. Recently, someone is trying to claim ownership of this land, but I have confirmed my ownership through public records. Additionally, I purchased a trailer for my mother on this land. I have not had any communication with the person claiming ownership nor have there been any legal claims against the land to my knowledge. How should I proceed to protect my property rights?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Tennessee
- (865) 637-3035
- View Profile
- Answered
A: You have to act like you own land, not just have title. Adverse Possession is obviously a possible loss of title. Hire a competent attorney now to sue for Ejectment.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
Your situation involves a clear case of documented ownership being challenged after a long absence, which is concerning but addressable with proper steps. You should immediately gather all documentation related to your property - the deed, tax payment records, your DD 214 military service records, and any correspondence regarding the land - and make copies of everything for safekeeping.
Next, consult with a real estate attorney in the county where your land is located, as they will understand local property laws that might affect your case, including any statutes related to adverse possession that could impact your rights after a long absence. Your military service may provide important legal protections under the Servicemembers Civil Relief Act, which can prevent others from taking advantage of your absence while serving your country.
Consider visiting the property as soon as possible to physically affirm your ownership, perhaps placing no trespassing signs and taking dated photographs as evidence of your return and continued interest in the land. You might also want to send a formal cease and desist letter through your attorney to the person claiming ownership, firmly establishing your legal rights and warning against any unauthorized use of your property. Remember that acting quickly and decisively now can prevent more complicated legal battles in the future, so don't delay in protecting what rightfully belongs to you.
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
