land and house left to aires

[Daddog]

What is the name of your state? Alabama
My mom died in 1987. The land and house was in in her name.
It was left to her aires, which at the time was Me, my dad, my sister, and 2 nieces. My Dad has since past away, now, its Me, my sister and 2 nieces. I've kept the land and house up (Cutting grass and and cleaning house). I've also paid the land tax for the past 15 to 16 yrs.. Q= Can I have the property put in my name so I can build on it. 150 ft X 300 ft.

 

[FarmerJ]

You do have every rcpt for every dime you have spent on the property all these years ? how receptive are the other 3 to being bought out ?

 

[Daddog]

every rcpt...My question is...Do I have a right to put this in my name without buying

I want the land in my name only.....since ive been paying tax...do I have the right without giving them anything?

 

[JETX]

I believe you are trying to claim the ownership by what is called 'adverse possession'. Simply, you do not have legal title, but are claiming title due to your actions (paying taxes, maintaining property, etc.).

"In Alabama, the duration of such possession is ten (10) years if the claimant and/or his predecessor has a deed or other color of title recorded at least ten (10) years, has annually listed the land for ten (10) years for taxation, or, has acquired title by descent or devise from a predecessor who had title and was in possession. Twenty (20) years possession is necessary if the claimant does not possess the land under color of title. Alabama Code §6-5-200."

 

[HomeGuru]

I believe you are trying to claim the ownership by what is called 'adverse possession'. Simply, you do not have legal title, but are claiming title due to your actions (paying taxes, maintaining property, etc.).

"In Alabama, the duration of such possession is ten (10) years if the claimant and/or his predecessor has a deed or other color of title recorded at least ten (10) years, has annually listed the land for ten (10) years for taxation, or, has acquired title by descent or devise from a predecessor who had title and was in possession. Twenty (20) years possession is necessary if the claimant does not possess the land under color of title. Alabama Code §6-5-200."


**A: in my opinion, the legal action to settle would be via partition rather than adverse possession since the writer and the other three relatives already hold title to the subject property as adjudicated by the Probate Court as part of the estate settlement.

 

[HomeGuru]

Re: every rcpt...My question is...Do I have a right to put this in my name without buying

I want the land in my name only.....since ive been paying tax...do I have the right without giving them anything?

**A: the answer is no. There are 4 property owners and each has a percentage of ownership. You cannot automatically take their property interest just because you have paid the taxes and did work on the land. You could though make a claim for reimbursement of expenses as 'caretaker' in a partition action.