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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102505
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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I am in Chicago and want file for Adverse possession

Customer Question

I am in Chicago and want file for Adverse possession (possessor) What I can do ?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Adverse possession is not automatic. The claimant has to file a lawsuit entitled Complaint to Quiet Title, which is a type of pleading filed to initiate a lawsuit that deals with claims to ownership of the land, and includes claims of adverse possession. To see a sample complaint, click HERE and scroll down to page 6. However, while this is a complaint to quiet title, it does not argue adverse possession - I just wanted you to see what such a complaint would look like. You would have to draft the complaint from scratch to argue adverse possession.

Adverse possession requires that the ownership was (1) continuous, (2) hostile (3) actual, (4) open, notorious and exclusive, and (5) under claim of title inconsistent with that of the true owner for a period of 20 years.

Let me know if you need to know how to FILE/INITIATE the complaint with the Court.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!