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#30870 - 01/10/05 11:50 PM georgia adverse possession
Anonymous
Unregistered


hello,my question is how do i not pay taxes on land that i believe have been taken over by adverse possession.
my mother died in 1991, the property was probated in 2004. my brother wanted to put a trailer on lot so we paid to clear lot all taxes paid up. now the neighbor in the rear claim she own the property. yes later i find out she build a house and encroached a few feet onto my lot and have been using part for access to her house from the rear which is through my lot now for about 9 plus years. at this point i don't know if she paid any taxes are have required a title, are if she needed to pay any taxes for the state of georgia. either way if i have lost the property why am i still responsible for the taxes every year. and what can i do to release myself from the property totally. i did retain an attorney in georgia but he is not doing anything. since november of 2004 i have only spoken to him three time very very brief and i called him each time it is like he keep brushing me off he received my check for the amount he quoted and cashed it. all i want is to clear my name from the property if i have lost it through adverse possession, i live in florida i don't want the lot, my brother does he live in georgia but i am the only one trying to straighting this mess out. what do i do now

client with non working attorney who want some answer and not getting them.

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#30871 - 01/11/05 02:29 AM Re: georgia adverse possession
Jim Lee Offline
Major Contributor

Registered: 07/01/99
Posts: 4785
Loc: Knoxville, Tennessee, Knox Cou...
Here's what a legal website has to say about adverse possession:

http://real-estate-law.freeadvice.com/adverse_possession.htm

"WHAT IS ADVERSE POSSESSION?

Traditional common law provided a method for someone to obtain title to land through use. The common law rules for adverse possession have been codified under both federal and state statutes. A typical statute allows a person to get title to land from the actual owner simply by using the land, out in the open for all to see. For example, your neighbor built a fence on your land with the intention of taking the property, paid property taxes, and you knew about it but did nothing. If this continued for a period of time set by state law, your neighbor may be able to claim this property as his/her own. The theory is that, by not disputing your neighbor’s use of your property through a lawsuit, you, as the actual owner have abandoned your rights to the property. There are several elements needed for adverse possession to result in title:

The length of time required for adverse possession in title varies - it could be as short as a few years or could run for twenty years or more. Typically public entities must establish a longer period of possession than individuals. Some states have adopted a rule which requires the adverse possessor to pay taxes each year on the land.

The possession must be open for all to see.

The possession must be exclusive to him or her (e.g., the fence in the above example, a driveway, road, etc.)

The possession must be hostile to the actual owner of the land.

To gain title to land through adverse possession requires strict compliance with the law, but can have dramatic impact upon land ownership rights.

An encroachment could result in title to your property being transferred to an adverse possessor. Under these circumstances, you might have to bring a lawsuit for trespass in order to prevent your neighbor from getting title to your land through adverse possession.

If you own land, it is important that you do not "sleep on your rights" since you could lose ownership of the land."

I believe your neighbor would have to take legal action in court with you being notified to gain title to your property by adverse possession.

If you're interested in keeping this lot you need to find another attorney and take the necessary steps to stop your neighbor's trespassing.

If you don't want the land and the value is too small for you to deal with you can give (or sell) your brother a quit claim deed to your interests the property and let him worry about the offending neighbor.
_________________________
Jim Lee, REALTOR®, CRS, ABR, e-PRO
[url=www.KnoxvilleHomeCenter.com]www.KnoxvilleHomeCenter.com[/url]
[url=www.KnoxvilleTennesseeRealEstateBlog.com]www.KnoxvilleTennesseeRealEstateBlog.com[/url]
I am not an attorney & I am not giving you any legal advice.

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#30872 - 01/14/05 02:50 PM Re: georgia adverse possession
Anonymous
Unregistered


Check with a lawyer I believe around here property must used by the unwanted party openly for 20 years.

also check her tax records and see if she had permits to build the new entrance..she probably did not or the inspector should have caught it because most communities have setback rules to keep this from happening.

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