How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 32325
Experience:  Began practicing law in 1992
11068102
Type Your Real Estate Law Question Here...
Dwayne B. is online now
A new question is answered every 9 seconds

The land i am staying on the taxes have not been paid sense

Customer Question

the land i am staying on the taxes have not been paid sense 2012,the person owning the land is just letting it go.an i able to some how pay the taxes up and take over the property?
JA: When we are ready I'll take you to the appropriate web page.
Customer: ok
JA: Where is the property located?
Customer: lane county oregon
JA: Has any paperwork been filed?
Customer: they sent her a certified letter
JA: Anything else you want the lawyer to know before I connect you?
Customer: i dont think so
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Dwayne B. replied 3 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to helping you today.

There is a concept of law called "adverse possession" which is complicated but, essentially, states that if you are a person seeking to secure title to property owned by another you would have to show, by “clear and convincing evidence” that your use of the property was: (a) Actual, (b) Open and Notorious, (c) Exclusive, (d) Hostile, and (e) Continuous for a 10-year period.

You could then file suit to have a court order proclaiming that you are now the owner of the land.

While these are the essential elements, the cases are pretty difficult so please feel free to ask any follow ups. If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

Customer: replied 3 months ago.
she only has owner the property since 2011 when her dad passed."adverse possession"no. other word you are saying the property must then go to action? if no then tell me how?
Expert:  Dwayne B. replied 3 months ago.

The adverse possession could have started against her dad. In other words, if you had "adversely possessed" the property for nine years against her father and then he passed away, the time doesn't necessarily start over. You may only have to possess it one more year to qualify.

You can hire a lawyer and file a Petition for Declaratory Judgment or a Suit to Try Title. Either of those would allow you to have a court to determine you now own the land.

Related Real Estate Law Questions