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We were quitclaim deeded an adjoining lot 1 year later a person bought the adjoining property on the other side of the lot and is now claiming adverse possession of the same lot can she do this?
Wiki User
∙ 16y ago
Absolutely, and she will win, provided she has the proper proof.
Your "quitclaim" deed only gave you as much "ownership" as was enjoyed by the previous owner. Anyone could, in theory, give a "quitclaim" to a property they don't actually "own". A "warranty deed" would have given you recourse directly against the seller for failure to convey what was deeded.
If the adverse possession had matured properly over the requisite period, and the claimant can prove in a court "action to quiet title", then your deed may be completely worthless. The people who sold it to you no longer owned it and thus had no power to "sell" it to anyone.
Please come back and ask more questions, once the details become clear!
Wiki User
∙ 16y ago
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What happens if a person has a quitclaim deed and the original owners did not give up ownership of the property?
A quitclaim deed is only effective if it was executed by the owner of the property. If the original owner executed a quitclaim deed then they do not own the land.If the quitclaim deed you refer to was not executed by the owner of the property then it is of no effect.A quitclaim deed is only effective if it was executed by the owner of the property. If the original owner executed a quitclaim deed then they do not own the land.If the quitclaim deed you refer to was not executed by the owner of the property then it is of no effect.A quitclaim deed is only effective if it was executed by the owner of the property. If the original owner executed a quitclaim deed then they do not own the land.If the quitclaim deed you refer to was not executed by the owner of the property then it is of no effect.A quitclaim deed is only effective if it was executed by the owner of the property. If the original owner executed a quitclaim deed then they do not own the land.If the quitclaim deed you refer to was not executed by the owner of the property then it is of no effect.
Does a property owner have less rights than a person claiming adverse possession?
That depends on the details. If the adverse possessor has met the time requirement for adverse possession the property owner has no defense to the action.
What is the law on adverse possession in Arkansas?
possession if he pays taxes on property contiguous to that being claimed by adverse possession, holds color of title to that contiguous property, exclusively occupies the property claimed, is Adverse possession, in Arkansas, states that someone can obtain property if he pays taxes on property adjacent to that being claimed by adverse possession, holds color of title to that adjoining property, exclusively occupies the property claimed, is uninterrupted in possession, visibly and openly inhabits the land, in fact physically possesses the property, possesses the land without the permission of it's true owner and fulfills these requirements for seven years.
Does a quit claim deed remove the person for life?
Yes. If a person signs a quitclaim deed they transfer their interest in the property to the grantee and no longer own the property.Yes. If a person signs a quitclaim deed they transfer their interest in the property to the grantee and no longer own the property.Yes. If a person signs a quitclaim deed they transfer their interest in the property to the grantee and no longer own the property.Yes. If a person signs a quitclaim deed they transfer their interest in the property to the grantee and no longer own the property.
Uses for quitclaim deed?
A quitclaim deed may be used to convey any interest in real property.
Can you quitclaim to yourself?
No, you cannot quitclaim property to yourself because quitclaim deeds are used to transfer a property's ownership interest from one party to another. Since you cannot transfer property to yourself, a quitclaim deed is not necessary.
Where is the discussion in American Jurisprudence on improvement of one's property by entering adjoining landowners property?
where is the discussion in American Jurisprudence on improvement of ones property by entering adjoining landowners property
Can someone who has lived in a house rent free for forty years claim possession?
Generally, if the person was using the property with the permission of the owner they are barred from claiming adverse possession. You should consult with an attorney about drafting a written agreement regarding the use of the property.
In California could you get your property back if you use a Quitclaim deed to convey ownership?
Not unless you can prove that the quitclaim deed was executed based on fraud committed by the parties the property was conveyed to.
Tennessee adverse possession I paid taxes for the last 25 years on the 100 ft by 200 ft piece of property that a friend allow me to put my trailer on . Can I claim property as adverse possession?
One of the elements of an adverse possession claim is that the use of the land must be open AND notorious. You have been using your friend's property with his permission. Therefore your use has not been notorious. Perhaps your friend will quitclaim the parcel to you. See the link provided below for a quick guide to adverse possession laws.
Your husband owned a house in North Carolina before you were married But after you married he refinaced it the deed is in your name but the loan is not Do you have a legal right to the house?
If your husband refinanced his home and then conveyed it to you then you are the owner of the property subject to the mortgage. If the mortgage isn't paid the bank can take possession of the property. If your name is on the deed as the grantee then you have a right to the use and possession of the property until you convey your interest to someone else by a quitclaim deed. If your name is on the deed WITH your husband then you own a half interest and have the right to the use and possession of the whole property.
How can the word adjoining be used in a sentence?
The property adjoining the bowling alley was zoned as commercial. Two adjoining things or places share a common boundary.
