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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I have lived on this property years, it was my grandfathers

Customer Question

I have lived on this property for 22 years, it was my grandfathers and I ask each off spring if it was alright. They told me to do what I wanted with it. It was verbal permission. Since then they have passed. I obtained the abstract and moved in and made improvements on the property. No one other than my immediate family has resided here.
I wish to restore the property to it's original as close as possible. What would I need to do?
Submitted: 1 year ago.
Category: Real Estate Law
Customer: replied 1 year ago.
That is 25 years we have lived here.
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I am sorry to learn of your loss.

If your grandparent's had a will or trust, the property will be disposed of through these documents.

If your grandparent's died "intestate" the property is part of their estate and needs to be distributed through the state's intestate succession laws (through the probate court), see: http://www.nolo.com/legal-encyclopedia/intestate-succession-oklahoma.html

If you intend on simply living there and hope to obtain the property by adverse possession you can do this, but keep in mind, your "clock" starts with the adverse possession AFTER their passing (for the time that you were asking permission, this is permitted use and not adverse use). Adverse possession very rarely is successful, but it is possible, see generally: http://www.crowedunlevy.com/Websites/crowedunlevy2010/Images/Thought%20Leadership/Rosser/Rosser%20-%20Adverse%20Possession%20Article%20from%20Bar%20Journal.pdf

I would highly recommend that you speak to a local attorney about this matter. It is likely that you can come to the result you are seeking, but it is going to take some more detailed and nuanced review of your situation and requires a detailed examination of all of the facts. You can find local attorneys using the State and local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).

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