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Land dispute (Adverse Possession)

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yohoddle

Junior Member
Mississippi

In 1981 4 +/- acres of land was deeded to my mom and dad in order for them to build a poultry farm. (Deeded from a 35 acre parcel of land owned by my dad, his brother and sister, having an undivided 1/3 interest with rights of survivorship and not as tentants in common) My dad passed away in Jan. 2004 but before he died he deeded his 1/3 interest to me and my brother. In 2001 my mom and dad deeded me and my brother the farm with the same land discription as the original deed. In 2003 with my mom and dad's permission we were going to sell the farm. When the buyer had a title search done on the property it turns out that one of the chicken houses was situated on the remaining 30 acres of land now owned my me, my brother, my uncle, and aunt. No agreement could be reached with my aunt and uncle for us to gain clear title to 2 acres of land in question. <Other than they wanted us to sign back over to them our 1/3 interest, trade an additional 2 acres of other connecting property we own, and agree not to ever put up rental units on any OTHER property we own! Which seemed very unreasonable to us!> My question is do I have a legal case for adverse possession? Any other suggestions would be greatly appreciated! Worthy footnote: My uncle is also holding a sum of cash in trust for father that was supposed to be given to my brother. He won't release it until we have meet there demands!!! Extortion, Maybe?
 


BelizeBreeze

Senior Member
You have no case of adverse possession.

However, if you have 1/3 undivided interest in the land where the chicken house is , then PARTITION seems to be the way to go.
 
S

seniorjudge

Guest
"...My question is do I have a legal case for adverse possession? Any other suggestions would be greatly appreciated!..."

No because the possession was never adverse.

Do as BB suggested: force the sale of the land and split the dough.
 

BelizeBreeze

Senior Member
seniorjudge said:
"...My question is do I have a legal case for adverse possession? Any other suggestions would be greatly appreciated!..."

No because the possession was never adverse.

Do as BB suggested: force the sale of the land and split the dough.
OR...
Partition in Kind ;)
 
S

seniorjudge

Guest
Florid-aise said:
But I thought a Forced Partition trumps a Full Chicken House Flush?
Only in Texas on alternate Thursdays in even-numbered years during a full moon OR a Presidential Inauguration, whichever comes first, unless otherwise noted.

Do NOT make me say that again!
 

ENASNI

Senior Member
um

Florid-aise said:
But I thought a Forced Partition trumps a Full Chicken House Flush?

You better just FOLD Florid
They aren't talking Bridge here. No trumps in Poker.

Now if they did build a bridge on the 2 acres of connecting land...
Why would the chicken cross the bridge?

any takers?
 

ENASNI

Senior Member
Nope

Nope

Why did the Chicken cross the Bridge?

To get to the other side! :p

Why can't families get along is the real question. And probably will never be answered. but as we are reminded this isn't oprahwinfry.com. THANK GOD! :eek:
 
S

seniorjudge

Guest
ENASNI said:
"...Why can't families get along is the real question...."
Some of us are born squiblings.

Some of us are made squiblings.

Some of us have squiblingness thrust upon us.
 

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