Familiar with Adverse Possession laws? - Posted by Roger Sampsell

Posted by I.R. on August 05, 2003 at 16:59:33:

.

Familiar with Adverse Possession laws? - Posted by Roger Sampsell

Posted by Roger Sampsell on August 05, 2003 at 15:11:09:

After losing some property because of an error made in a deed transfer, my mother tried to have the error corrected, but was denied because of the Statutes of Limitations. Her lawyer allowed the court to believe that she was aware of the error for over 5 years, when if fact it had been 6 months. Anyways, it was ruled in 12/99 that no changes were allowed and that the deed stands. Nothing was reissued and nothing was changed. I was no part of this case but did (and still) occupy the home and business that was accidently transferred. Since we always believed we owned the property I have made improvements and paid the property taxes throughout the years. When the people tried to evict me in 7/2001, I claimed Adverse Possession since I had been in possession of the properties since 1/86, which was when my mother sold a piece of adjoining property and was also the time the error was made that supposedly transfered the home and business I have been possessing. After a few court battles it has come down to this, the opposing lawyer agrees I would have an adverse possession claim, but when my mother tried to correct the deed error it anulled and tolled my AP. Even though I was no part of that litigation and the other party did not pursue to quit the title until after 15.5 years had passed. I am now in appeals court with this. I am hoping the appeals court makes the proper ruling and states I am owner, thus ironically getting back what would have actually been mine through inheritence. Could someone tell me if I am right?