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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33803
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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There, thank you my question. What is the process

Customer Question

Hi there, thank you for taking my question. What is the process of filing for adverse possession of a piece of property that is part of the homestead I grew up on. It's a small landlocked parcel the family has used as a garden and paid taxes on for well over 40 years. This piece was never probated when my grandfather passed many years ago and my father and our family used it from that point on. My father has since passed (25 or so years ago) and my mom who has continued to pay taxes on the piece still resides in the homestead. I would like to clear this up on her behalf (quiet title) so it's not an albatross when the property is to be sold. She is in her 80's now and there will surely be some decisions to make in that regard in the near future. She is of sound mind and in decent health. The property is located in Massachusetts. Thank you so much, Chris
Submitted: 7 months ago.
Category: Estate Law
Expert:  Barrister replied 7 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..If mother can prove that she has used the land exclusively for over 20 years, then she can file a "quiet title" lawsuit against the estate of whoever's name the property is in to claim legal ownership under adverse possession. In Massachusetts the period of time for adverse possession must be at least twenty (20) years. Massachusetts C. 187, §2-3..Generally she would do this by her verbal testimony along with the testimony of any other relatives or witnesses who have first hand knowledge. Any back tax bills would also serve to substantiate her claim, although the testimony will likely be enough..She would need to hire a local real estate attorney to assist in filing the suit against grandfather's estate so as to be able to have a judge issue an order stating that she is the sole legal owner of the land. After the judgment is recorded, she would be the legal owner of the property from that point on and could do anything she wanted with it...thanksBarrister

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