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William B. Esq.
William B. Esq., Attorney
Category: Legal
Satisfied Customers: 3140
Experience:  Civil litigation attorney for individuals and businesses.
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My niece was raised from age 2 through age 27 (present current

Customer Question

My niece was raised from age 2 through age 27 (present current age) and lived in my Parents house. My Father recently died at age 83 in February 2013. My Mother moved to Anahiem, California with my Sister (her daughter) in March 2013. My niece boyfriend lived in the house with my Parents and my Niece for seven years. Do my niece and her boyfriend have any squatters rights to my deceased Father and Mother Property including the home?
If so, what are they? Thank you for taking the time to answer my questions.
Submitted: 1 year ago.
Category: Legal
Expert:  William B. Esq. replied 1 year ago.

Dear Customer,

 

Thank you for choosing Just Answer. I would like to assist you with your legal issue today.

 

Your niece and her boyfriend do not have any squatter's rights to the property. Squatter's rights are really claims of "adverse possession" which means that someone holds property as their own, when it really belongs to someone else. This includes things such as putting up fences to prevent others from coming on land, paying taxes, etc.

 

In your case, these individuals lived in the home with the permission of the owners (your parents). To succeed in creating a claim of adverse possession the individual must do so in a way that is against the rights and wishes of the owner.

 

For more information on adverse possession, you can review this publication, it has the elements to create a claim and explanations for the necessary facts that must be established: http://www.nolo.com/legal-encyclopedia/adverse-possession-trespassers-become-owners-46934.html

 

I hope that this is helpful, please let me know if you have any further questions and I will follow up promptly. If I have fully answered your question, please do not forget to rate my service.

William B. Esq., Attorney
Category: Legal
Satisfied Customers: 3140
Experience: Civil litigation attorney for individuals and businesses.
William B. Esq. and other Legal Specialists are ready to help you
Customer: replied 1 year ago.


Thank you William (Bill)! May The LORD GOD Continue To Bless You And Your Family Real Good Everyday! We will continue with the eviction process. My Niece and her Boyfriend are not properly taking care (cutting the grass) the property and not doing home improvements (repairing) the bad floors inside the house. The Family will complete the signing of the eviction notice, turn it into the Justice of the Peace, and get the eviction notice serve to my Niece and her Boyfriend next week.

Expert:  William B. Esq. replied 1 year ago.

Thank you for the kind rating, it is greatly appreciated. I do wish you the very best with this matter, and I hope for a swift resolution.

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