Monday, March 30, 2009

Can anyone in occupation of land charged to bank claim adverse?

possession


Without knowing where you are the best that I can tell you is that 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 and the owner must not have done anything to show that he does not approve.

in victoria australia, if a person has been in occupation of land for 15 years continuously and the legal owner (which would be the bank) did nothing to claim that land or act in any way to indicate they owned the land then the person in possession can make a claim to be declared the legal owner

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