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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 35334
Experience:  16 years real estate, Realtor. Landlord 26 years
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I bought a house from a home owner,from day one would not

Customer Question

I bought a house from a home owner,from day one would not put me on the deed ,tried twice to evict me ,now house is in foreclosure,I have a sellers ,buyers agreement can I get the house through adverse posseion ,been here 4 years upgraded it kept up with repairs etc
JA: Since laws vary from place to place, what state is this in? And has any paperwork been filed?
Customer: az
JA: Has any paperwork been filed?
Customer: no not yet going to courthouse in the morning
JA: Anything else you want the lawyer to know before I connect you?
Customer: yes from what point does the statue of lintations run
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Barrister replied 5 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.

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I have a sellers ,buyers agreement can I get the house through adverse posseion ,been here 4 years upgraded it kept up with repairs etc

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Unfortunately no. While it only takes 2 years for adverse possession in AZ, the possession has to be adverse.. You are under a contract with the owner... that means that you both willingly entered into the agreement.. So by definition, that can't be adverse. Adverse possession is when someone who is legally a trespasser hostilly uses and possesses a property for a statutorily prescribed period of time.

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So if you bought the house, you can't be in adverse possession.

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Your recourse her is to sue the seller for breach of contract for your money back if the house is being foreclosed on by the bank and the seller can't deliver legal ownership if the house is foreclosed on.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

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