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Adverse Possession Hypothetical

1,668 Views | 7 Replies | Last: 4 yr ago by Jason_Roofer
fishingag14
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Curious to hear the boards thoughts on a hypothetical. We have a property near us that I've been thinking quite a bit about because it has a run down/abandoned house on it and the thought of adverse possession came up. Now this isn't something I would frankly have the cahones (or possibly the money) to even attempt but it feels like this property would be ripe for someone to adversely possess.

I'm not aware anyone has set foot on this property (6 acres) in probably 10 years, the house is literally falling in on itself and vegetation is out of control. The owners based on my research appear to be in their 80's with one living in Minnesota.

Could someone simply start taking care of the property or fence off the property and just hope it continues as is with the owners never setting sight on the property? Would it take 10 years?

What happens if the owner does find out, it seems like you would be almost certainly be facing criminal trespass charges?
Martin Cash
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AG
Anyone paying taxes on the property?
The heart of the wise inclines to the right, but the heart of the fool to the left. Ecclesiastes 10:2
schwack schwack
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AG
Have you tried to contact them to buy it? Why would you just try to take it?
fishingag14
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I don't know on the taxes, I've asked the CAD for a list of delinquent properties.

I really have zero plans to do this, more so just curious because I've taken an interest in the property. As far as buying it, I think it would conservatively go for 60-75k/acre which I'm not going to do (the one acre next to it with a run down barn was bought for $120k)

In all honesty, I'll most likely pursue talking with the county about making this a public health nuisance issue as the property isn't secured in any way, right across from a large city park/baseball/soccer complex and the house is a danger. All I really want is that house gone.
Ol_Ag_02
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AG
So you want to steal their property?
MookieBlaylock
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AG
Ol_Ag_02 said:

So you want to steal their property?


Its not stealing its adverse possession
aggiebq03+
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Ol_Ag_02 said:

So you want to steal their property?

Old Army really is dead.
Jason_Roofer
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In order to adverse possess you would need to spend some money. The first thing I would do is clear it up and clean it, then I'd fence it and use it graziing or something else that is VERY obvious. Even so, you need your ducks lined up and there is a bit more to it than that.

Be aware that as soon as the owners find out, they only need to give you permission to keep doing it or tell you to vacate and the whole jig is up and done.

Personally, I have looked into this in the past and found that the best route is to locate the owners and give them a written offer for the property. None of this "if you want to sell let me know" BS. A written offer of "I'm offering you $60,000 dollars for this right now." kind of thing.

Your odds of getting what you want are far greater with real numbers and real offers.
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