QUESTION
How many years do you have to take care of someone else's real property before it becomes yours outright?
Asked on Jul 15th, 2013 on Landlord and Tenant Law - Michigan
More details to this question:
I'm taking care of mowing, brush removal, and general upkeep of real property belonging to someone else. Property is next door to mine on a lake. It's been for sale for several years and has no improvements on it.
6 ANSWERS
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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That would be 15 YEARS.
Answered on Jul 16th, 2013 at 10:27 PM
Litigation Attorney serving Bakersfield, CA
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Dessy & Dessy
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In California, in order to obtain ownership under the doctrine of adverse possession, you have to use the property in an open, and hostile manner for five years, and pay the property taxes during each of those five years. You can obtain use rights short of ownership rights after five years under the doctrine of prescriptive easements, which does not require the payment of property taxes. However, your future use rights will be limited to the manner in which you use the property in the past. This sounds like you may simply have been maintaining the property next door to yours to keep it looking good, with no hint that you intended to acquire acquire an interest adverse to that of the owners.
Answered on Jul 16th, 2013 at 10:27 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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It doesn't matter how long you do it, unless you have a colorable claim, you will not get it by adverse possession. You might try submitting a bill to the owners for the work you have done; maybe they will give you the property in exchange.
Answered on Jul 16th, 2013 at 11:51 AM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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If you are claiming adverse possession, the statute is 10-years of uninterrupted, hostile, open and notorious use and possession of the other person's property.
Answered on Jul 16th, 2013 at 11:42 AM
If your are in California, after ten years of open, hostile usage and paying the taxes you can claim ownership by adverse possession.Just taking care of someone's property does not make it hostile.
Answered on Jul 16th, 2013 at 11:42 AM
The period is 15 years, but there are several other factors that must be met before the occupier would have a claim for title by adverse possession. If you meet all of those factors, then you would have the right to file a law suit naming the owner of record as the defendant in an attempt to get the court to enter a judgment declaring the property was yours. Without going into any detail, essentially, your activities on the property must be such that they exclude the owner of record from the property and would give the casual observer the impression that you were claiming the property as yours believing it was yours. Simply mowing the property and general upkeep are probably not enough.
Answered on Jul 16th, 2013 at 8:51 AM