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Adverse possession

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potteramanda5

Junior Member
My parents live on property that is currently going through probate after my uncle passed, my uncle told my dad (his brother) that when he passed he would be able to stay on the property.. My uncle had a son who is now the administrator of the estate, he gave my parents a 90 day eviction notice even though they have never had to pay rent while living there, he is acting like a landlord and he is trying to remove stuff off the property that belongs to my parents, harassing them weekly, they don't feel safe.. Can my parents try to stay on the property and claim adverse possession, it is enclosed and they have been living on the property for over 30 years, do they have any rights??They live in Florida..
 


justalayman

Senior Member
It appears the use for the last 30 years was permissive. That defeats any claim to adverse possession. Unless there is some formal permission to remain on the property arranged that would survivor the owners death, then the administrator of the estate now has control of the property.

Most likely your parents will be required to move. If they have lived there for 30 years rent free they had plenty of time to save a lot of money to be able to move and rent or buy a place of their own.

The administrator of the estate, or once title is transferred to a new owner, they are a landord, your parents landlord in fact.
 

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