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Adverse Possession

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Ladybirdj

Junior Member
What is the name of your state? North Carolina.
My Husband was given permission to use about 15 acers of his mothers land 20 years ago to raise horses. There was never any mention of rent, she told him to fence off what he needed all she asked is that he make repairs to the buildings, ie: a pack house that had vines growing all over it and was falling down and a block building that needed repairs which he did. Now his older brother who lived out of town, same state just another town, has moved in with their mother, had her draw up a will and gave him Power of Attorney. Now he is claiming my husband and I owe their mother for use of the land to the sum of $40,522.58 and is telling us that we have to remove the horses, he gave us 1 week. This is all in a letter we received from a attorney he has hired. We have no idea where he is comming up with his figures as there was no talk of rent. I saw one of the other questions someone had posted on Adverse Possession. I guess what I would like to know is after useing the land for 20 years with her permission and making nurmous improvements on it does he qualify for the adverse possession. His mother is 90 and not in her right mind, hasn't been for several years. I can't understand how a attorney would let her do what she did with out both boys being there. Now anytime my husband tries to go visit his mother, his brother tells him to get the h___ out of the house and off the property. Thank you for any advise you can offer**************.:confused: [email protected]
 


justalayman

Senior Member
Well it can't be considered adverse if you were given permission now could it.

That is one of several ways to prevent an adverse possession claim. Sorry but that dog won't hunt.
 

Ladybirdj

Junior Member
justalayman said:
Well it can't be considered adverse if you were given permission now could it.

That is one of several ways to prevent an adverse possession claim. Sorry but that dog won't hunt.

OK justalayman, I will be the first to admit I know nothing about the law. Are you saying that we have nothing to worry about as my husband was given permission to use the land. What about the fact that he has used it for 20 years. Could it under North Carolina law be his now?
 
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BelizeBreeze

Senior Member
Ladybirdj said:
OK justalayman, I will be the first to admit I know nothing about the law. Are you saying that we have nothing to worry about as my husband was given permission to use the land. What about the fact that he has used it for 20 years. Could it under North Carolina law be his now?
You have no claim to the land. Simply using it, with our without permission, is not enough under Adverse Possession statutes, to take the land from it's owner.
 

lwpat

Senior Member
Sounds like your mother is being adversely influenced. I have a feeling the brother is the only one named in the will and he is also the executor. If there is a sizeable estate, you need to take action now or kiss it all goodbye. Your brother will spend any money prior to your mnothers death and will probably sell the land and spend that also. What will happen is that your mother will not have any money to take care of herself. A third party guardianship may be the best route. Can you arrange for your mother to be examined by your doctor?

The mental state of your mother is critical. If she is of sound mind, she can do what she wants. If it is questionable, start by challenging the POA. For you to vacate, he will have to file eviction proceedings. You have several defenses to the invoice and it cannot be sustained. Any verbal agreement for a lease of more than one year has to be in writing, the Statute of Limitations, there was no such agreement and that is shown by the parties actions for 20 years, you can claim against the property for improvements and maintenance. The attorney is blowing smoke and should know better.
 

Ladybirdj

Junior Member
BelizeBreeze said:
You have no claim to the land. Simply using it, with our without permission, is not enough under Adverse Possession statutes, to take the land from it's owner.
Hello BelizeBreeze, Just for the record, We are not trying to or wanting to take the land from my husband's mother, we are not like that, that was something we had been told. Our problem/complaint is with his brother. He got her to give him POA and he took her to draw up a will and she is not in her right mind and has not been in years,anyone around here can tell you that. He has stated to us and other people in this area that he could come down here and stir up all the S___ (his words) he wanted to because he lived 150 miles away. Thank you for your advice/ comments. If you can or want you can private message me. I would like to know your thoughts on him.The land we have been using was left in a estate to my husband's parents and their heirs by each other.Their father past away many years ago so it is just their mother and the two sons. Ladybirdj
 
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chipdouglas

Junior Member
BelizeBreeze said:
You have no claim to the land. Simply using it, with our without permission, is not enough under Adverse Possession statutes, to take the land from it's owner.
True, but she also mentioned they had made substantial improvements on it. However, I still don't think that will be enough. I believe in NC possession must be hostile/adverse (e.g. without permission), without active objection by the mother, without common possession, you must have been paying taxes on the property, been using the property continuously for at least 20 years, and a few other things. It doesn't sound like you would have much of a claim, but it would be worth researching.

http://www.statewidetitle.com/default.asp?ref=http://www.statewidetitle.com/Newsletter/September 1997.htm

Sorry to hear about this situation; that's a seriously raw deal, with your brother-in-law heading the charge, no less.
 

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