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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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State of Massachusetts, An 1888 deed conveyed 5 parcels to

Customer Question

state of Massachusetts, An 1888 deed conveyed 5 parcels to my grandfather. On his death in 1968. property to wife. Wife dies. By will property now to the five childen of grandfarther. Five children sell property. The deed drawn lists on two parcels. One of thefive was a quarter acre. property held by new owners for 43 years and paid taxes on the quarter acre but never had a deed to it. The owners of the property for 43 years gave a deed to another in 2013. Now they paid taxes. Thisdeed has to be fraudulent. Now the "owner" of the 2013 deed tries to sell. No clear line of title can be established. His lawyer is trying to use adverse possession. I say where the deed was never given to the owner of 43 years, this parcel is still in the estate of the deed holder of 1888. Only the owner of 43 years who paid taxes could claim adverse possession. But they no longer own the property. I say open the grandfathers estate and the deed goes to the heirs of which I am one. Asking price on this quarter acre is $155,000.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Dimitry Esquire replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

I understand the situation and understand the facts. Are you asking if claiming adverse possession is a legitimate claim or no? Also, did those who held the property for 43 years reside there for that period of time? Please advise.

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