Ownership By Default?

What is the name of your state? AR

Good Day,

I am writing on behalf of my mother. She and several of her relatives are joint owners of 40 acres of land in Union County, Arkansas. This land has been passed down to them from their parents and other relatives.

She has been the sole payer of property taxes since 1978, to-date. The problem she is having is that two of her relatives have been trying to wrest ownership from her, one has began making minor improvements on the land; the other has been seeking potential buyers.

Since she has been the only one paying propery taxes (the state sends her the tax bill each year) does she have sole and exclusive rights to this land by default-since the other relatives have not paid any taxes?

If so, what is the law that conveys rights to her under these circumstances?

What does she need to do to establish legal ownership of this land?

The land in question has great financial potential; it is heavily timbered, has game on it, and is in an undeveloped oil/gas zone.

Any advise you can offer would be greatly appreciated.

You may reply to me on this site or on my site: [EMAIL=todd@77street.com]AR land-Default?[/EMAIL]

Thanks

[abezon]

The only way to get title to land without buying out the other owners is via adverse possession. She won't qualify, since she'd have to have been preventing the other owners from entering or using the land for about 20 years. That she paid the taxes is immaterial. Every owner has the right to use the land (and can build on it or rent it out). Whether one owner can sell the mineral rights depends on state law -- contact a local attorney for help if that's an issue.

The others can't get title by improving the property or trying to sell it out from under her, as long as she's on the deed at the county recorder's office. any owner can force a sale by going to court & requesting a partition by sale order. This is bad, since the owners never get full value that way. If a court were to order a partition sale, she'd be credited for the taxes she paid; the improver would get reimbursed for the expense of the improvements, etc. By the way, if someone else builds a house on the land, SHE can move in & no one can make her move out, since she's an owner.

Thank you so much for your prompt reply Abezon.

You have given me some very useful information.

I really appreciate your response.