squatter's rights

[amyselander]

What is the name of your state? new york
I have a friend who's father bought a 34 acre farm for her but is requiring her to pay the morgage. He does nothing and lives in florida yet he holds the deed. She has paid to keep up the land and to build the barns and indoor areana. She lives on the land ful-time and has a bussiness bording horses and giving riding lessons. She would like to sell a few acres that are unusable for horses in order to help pay for the new building. He will not allow this. If he did allow the land to be sold he would take the money for himself. She has lived on this land for many years and her father has not contributed in anyway. Is there anyway she can take possesion of the land since she is paying for it? She can not afford to buy him out.

[xylene]

Originally Posted by amyselander

What is the name of your state? new york
I have a friend who's father bought a 34 acre farm for her but is requiring her to pay the morgage.

Okayyyy...

He does nothing and lives in florida yet he holds the deed.

Then he didn't buy it for HER.

She has paid to keep up the land and to build the barns and indoor areana. She lives on the land ful-time and has a bussiness bording horses and giving riding lessons.

Your friend is a renter. She is using the property and buildings. The terms are the tenant (your friend) pays the rent and is reasponsible for upkeep... Those are actually quite favorable terms.

She would like to sell a few acres that are unusable for horses in order to help pay for the new building.

Unless SHE owns some land your not mentioning

He will not allow this. If he did allow the land to be sold he would take the money for himself.

Thats the nature of property.

She has lived on this land for many years and her father has not contributed in anyway.

He has allowed her to live on it for less than the market value.

Is there anyway she can take possesion of the land since she is paying for it?

Yes.

She can make an offer to buy the land and her father can CHOOSE to accept.

She can not afford to buy him out.

Than she has no recourse.

Unless she has a formal agreement that her payments are building an owenership stake in the property than she is paying rent. At a very fair rate too.

Your friend is not going to be able to seize her fathers property.

[ADBunting]

...but it's something you might want to look into.

I seem to remember something from years back about paying taxes and gaining ownership.

It has something to do with the "owner" knowing that you are paying the taxes on the property and adverse posession...I think that was the term. (I'm certain somebody will correct me about this one.) This was also in California many years ago, but you never know.

How long have they lived there, who pays the taxes and are they listed anywhere in any kind of agreement other than an oral agreement? Does the mortgage company have any documentation that they'll be the one making the payments?

Most important, exactly what kind of relationship do they have with their dad?

It's unfortunate about situations like this but they invariably sour or ruin relationships.

If they were to take it to court it's possible payment stubs might be enough to prove some sort of financial interest in the property, but like I said, I don't really know for certain.

That would be something that they would need to consult an atty about, as much as they are probably reluctant to. He's their dad after all...(don't let it fool you, I've had reverse problems with my children)

Look into the tax thing. Can't say for sure, but it might be what you are looking for.

April

[justalayman]

[quote=ADBunting;1606545It has something to do with the "owner" knowing that you are paying the taxes on the property and adverse posession.

[/QUOTE]

an adverse possession claim must be based upon the fact that the holder of the land is acting adversely to the true title holders intent. OP is permitted to be on the land. That's not adverse.

a tenant cannot be holding property adversely if they are paying as agreed to by the landlord and tenant.

[Gadfly]

geez...

She has a sweetheart deal and now she wants more. Hey! I'm looking for a place in TN, put me in touch with her dad and I'll be more than happy to be his new tennant.

[LindaP777]

Originally Posted by amyselander

She has paid to keep up the land and to build the barns and indoor areana.

If it's too much for her (too much upkeep, too much money), tell your friend to move out and find someplace else to live. If she's not under a lease or some sort of contract, she's free to go. Her dad can rerent or sell the place, his choice. Oh! Tell her to stop complaining.