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#31147 - 06/03/05 08:25 AM homestead law
Anonymous
Unregistered


I have been taking care of about an acre of city owned property next to my home for several years now, with their permission. I was told that there is such a thing as homesteading or squatting rights after a period of time. Is there acually a claim I can file to get ownership of the property by proving that I have cared for the propery? The city states they cannot sell it to me because it has a hold on it due to a cost prohibitve sewage system that needs installed to allow building on the site. The land has been unused for over 30 years, and I do not wish to build on it. I even offered to sign a waiver.

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#31148 - 06/03/05 08:40 AM Re: homestead law
Jim Lee Offline
Major Contributor

Registered: 07/01/99
Posts: 4785
Loc: Knoxville, Tennessee, Knox Cou...
Probably not.

Claiming land by adverse possession or "squatter's rights" as it's also known requires a pretty exact forumla you have to follow.

One of the key elements in that formula is that the possession has to be what's known as: "open, notorious, and hostile" which means you have to occupy the property and prevent the current legal owners from using or coming onto their property.

If you're maintaining it with the owner's consent you would fail that test.

There are several other elements as well.

I believe you would have a pretty tough time claiming some city property you're just maintaining (I assume mowing, trimming brush, picking up trash, etc.) especially since they've given you permission and they know you're doing it.
_________________________
Jim Lee, REALTORŪ, 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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