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Roger
Roger, Lawyer
Category: Real Estate Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My sister and I have acquired a property through adverse possession

Customer Question

My sister and I have acquired a property through adverse possession on a parcel that was abandoned for 8 years, previous owner has declared disinterest in the property and my sister and I have reclaimed it, cleaned it up, put sweat equity into it and have been occupying the property for almost 90 days. The "deed of trust is now going up for auction and we have been getting eviction notices. As far as I know, through a Bloomberg report, the bank has already been compensated of the monies owed through a mortgage by the previous owner in 2004. what steps can my sister and I take to get the paper pushers off our back and get a re conveyance of the deed so we can move forward with our homestead. such as paying land tax, getting the utilities back on and so forth. Is filing a Cp105 form going to be effective in any way and what steps can we take to stop the auction of the deed of trust, an astopple?
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  Roger replied 7 months ago.
Hi - my name is ***** ***** I'll be glad to assist. Adverse possession under Nevada law requires possession of the property and payment of taxes for at least 5 years. Here's a good link you can read: http://statelaws.findlaw.com/nevada-law/nevada-adverse-possession-laws.html
Expert:  Roger replied 7 months ago.
If you have occupied the property and paid taxes for the requisite period of time, you should have a right claim the property under the laws of adverse possession.
Expert:  Roger replied 7 months ago.
In order to stop the foreclosure and maintain or confirm your claim of adverse possession, you'd have to file a lawsuit against the owner and the lender and have the court determine if you have met the requirements of adverse possession....and if so, the court can confirm ownership of the property to you.
Expert:  Roger replied 7 months ago.
Please let me know if you need anything further. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!

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