| DATE: |
01/04/01 |
|||
|---|---|---|---|---|
| SUBJECT/TOPIC: |
ADVERSE POSSESSION | |||
| Q: | Approximately 11 years ago a man (A) bought
Blackacre from a farmer (B). The contract called
for the purchase of the entire farm which ultimately
consisted of 182 acres. However, there may have
been a survey done that excluded approximately
22 acres. All parties agreed to the sale of only
160 acres. For the last 11 years A has used the
missing 22 acres to essentially hunt on. A's use
has been seasonal at best. A has made no
improvements on the land. B has not paid taxes
on the property since the sale and in fact nobody
has paid taxes. A wants the missing 22 acres and
has had discussions with the potential owners of
the property. As it turns out there are
approximately 4 people who may be owners as
joint tenants. A may be able to get three-fourths of
them to quit claim their interests to him but the
fourth has moved away and there is not way to
reach her. I do not think A has taken via adverse
possession due to the time as well as only
seasonal use. I feel that the best way for A to
take possession is to obtain the three quitclaims
and then file suit to partition for the fourth owner.
At worst he would obtain most of the property and
at best would take it all. Please give your input as
to the best and most economical way for A to get
the 22 acres. |
|||
| A: | I think you are correct. One other thought: A has
not been in possession at all. He has merely used
the property. He could, I suppose, acquire a
prescriptive easement or profit to hunt if his use
continued for 20 years and if the other elements of
prescription were present. |
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