What is the name of your state (only U.S. law)? Mississippi
Link that really makes me wonder about this:
15-1-13. Ten years' adverse possession gives title.
Situation: Me and my Mom live in the same house. She is elderly and I am disabled. We sort of look after each other. I had two older brothers, one died a few years ago, so I'm down to just one. Well, 7 or 8 years ago my oldest brother wanted to move out here next to us. This is something we have been wanting for a while since they were paying rent and was not getting any younger. We have 7 acres here so we have room. The Deed is set up for a Life Estate for my Mom and it goes to me when she dies, EVERYTHING goes to me. That was done many years ago and is no family secret either. We also had a Will done to back that up, just in case. Both were done by a lawyer, tho different ones. This is also spaced out by about 12 or 13 years to. We did the Will just in case there was some claim she didn't want it this way with the Deed. I know in Alabama, adverse possession can be done in 7 years but never really knew what conditions were needed to make the claim. After researching, I found out it is 10 years here in Mississippi. I have no problem with my Brother living here but I do have a concern. Right now he lives in a mobile home and pays no taxes other than the mobile home itself. He does plan to build a house, tho I think he will be dead of old age first. lol He has cleared out some trees, moved dirt and because parts of it is close to the property line, he had it surveyed to make sure he stayed on ours with the driveway.
Questions: We gave him permission to live here and to do all this at his own expense, verbally. Can he make a claim in court and take the land? If so, how can we protect ourselves from this?
Thanks much for the time.What is the name of your state (only U.S. law)?
Link that really makes me wonder about this:
15-1-13. Ten years' adverse possession gives title.
Situation: Me and my Mom live in the same house. She is elderly and I am disabled. We sort of look after each other. I had two older brothers, one died a few years ago, so I'm down to just one. Well, 7 or 8 years ago my oldest brother wanted to move out here next to us. This is something we have been wanting for a while since they were paying rent and was not getting any younger. We have 7 acres here so we have room. The Deed is set up for a Life Estate for my Mom and it goes to me when she dies, EVERYTHING goes to me. That was done many years ago and is no family secret either. We also had a Will done to back that up, just in case. Both were done by a lawyer, tho different ones. This is also spaced out by about 12 or 13 years to. We did the Will just in case there was some claim she didn't want it this way with the Deed. I know in Alabama, adverse possession can be done in 7 years but never really knew what conditions were needed to make the claim. After researching, I found out it is 10 years here in Mississippi. I have no problem with my Brother living here but I do have a concern. Right now he lives in a mobile home and pays no taxes other than the mobile home itself. He does plan to build a house, tho I think he will be dead of old age first. lol He has cleared out some trees, moved dirt and because parts of it is close to the property line, he had it surveyed to make sure he stayed on ours with the driveway.
Questions: We gave him permission to live here and to do all this at his own expense, verbally. Can he make a claim in court and take the land? If so, how can we protect ourselves from this?
Thanks much for the time.What is the name of your state (only U.S. law)?