Adverse possession

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Burly

Member
Oct 25, 2017
1,454
How do we know that's OP posting? Maybe he dropped his phone running away from another squatter and they took adverse possession of his account.
 

Dr.Acula

Member
Oct 25, 2017
4,168
Everytime I open my cottage in the late spring I have a nagging fear that I'm gonna find some squatter in there.

Like, at least wait until school's out. This place is probably a Summer-home.
 

AndyD

Member
Oct 27, 2017
2,831
Nashville
Laws depend on the state but mostly it’s something that happens more on Bar exam hypos than an actual way of getting ownership of property that isn’t yours. If the place is foreclosed on you’re most likely gonna get evicted way before the statutory time for AP kicks in.
This. Remember you likely won't be able to get any utilities there. But if you move in, make improvements and treat it as your place, and more importantly present it to the world as your place, and state laws are in your favor, then you might be able to do it.

It's a thing on exams all the time, but rarely in real life.
 

AndyD

Member
Oct 27, 2017
2,831
Nashville
You wouldn't download a house.
Ok I laughed.

As a side note, I looked it up for here in TN and here it is, with a real world example to boot:

A trespasser’s possession must be:
  1. hostile (against the right of the true owner and without permission)
  2. actual (exercising control over the property)
  3. exclusive (in the possession of the trespasser alone)
  4. open and notorious (using the property as the real owner would, without hiding his or her occupancy), and
  5. continuous for the statutory period (which is either seven or 20 years in Tennessee, depending on the circumstances).
For example, imagine that Bill and Jean live next to one another in Nashville. There is no dividing fence or boundary between their yards. Bill builds a shed that is actually on Jean’s side of the property, covering about ten square feet of earth. Jean doesn’t say anything. Bill uses the shed as if it were on his own land. He does this for 20 years. Under the rubric described above, Bill can probably establish that he “owns” the land on which he was encroaching. From Jean’s perspective, she could have stopped Bill by demanding over those 20 years that he remove his shed or sign a rental agreement. But Tennessee courts will not allow her to suddenly eject Bill after sitting on her rights for two decades.

I can actually see this kind of "encroachment" of part of the yard happening regularly, but taking over an empty house and holding on successfully for years seems hard.
And there are a bunch of exceptions that can kill your dream: if the owner pays taxes, he might be OK (think bank in a foreclosure), if the owner is disabled (think went to nursing home and house seems abandoned), if they are a child (inherited house but living with relatives), if the property belongs to a school, and some others too...
 

astro

Member
Oct 25, 2017
16,970
lol

Ok I laughed.

As a side note, I looked it up for here in TN and here it is, with a real world example to boot:

A trespasser’s possession must be:
  1. hostile (against the right of the true owner and without permission)
  2. actual (exercising control over the property)
  3. exclusive (in the possession of the trespasser alone)
  4. open and notorious (using the property as the real owner would, without hiding his or her occupancy), and
  5. continuous for the statutory period (which is either seven or 20 years in Tennessee, depending on the circumstances).
For example, imagine that Bill and Jean live next to one another in Nashville. There is no dividing fence or boundary between their yards. Bill builds a shed that is actually on Jean’s side of the property, covering about ten square feet of earth. Jean doesn’t say anything. Bill uses the shed as if it were on his own land. He does this for 20 years. Under the rubric described above, Bill can probably establish that he “owns” the land on which he was encroaching. From Jean’s perspective, she could have stopped Bill by demanding over those 20 years that he remove his shed or sign a rental agreement. But Tennessee courts will not allow her to suddenly eject Bill after sitting on her rights for two decades.


I can actually see this kind of "encroachment" of part of the yard happening regularly, but taking over an empty house and holding on successfully for years seems hard.
And this house is almost certainly not abandoned, so it's kind of pointless. OP could check back in like 6 months and see if it's still not been cleaned etc... but even then this is not the same as finding some hollowed out building in a bustling city and reclaiming the space. This clearly still belongs to someone, and OP hasn't even looked into it any further from what we can see.

Also they could get shot... seems like a pretty stupid idea tbh.
 

astro

Member
Oct 25, 2017
16,970

Believe
It's different in London.

I have a group of mates who have been in a house for close to 12 years between them atm and are looking to figure out how to prove it. The rumor was when they moved in that a Chinese guy lived there, murdered his brother, and fled back home leaving the house with no owner. They have a pretty good shot at taking it if they have enough to prove.

And I know a bunch of other people in properties for 5+ years. There are so, so many empty fully abandoned houses lying around just rotting, or just sitting empty. Rich people owning property and not using it, etc...
 
OP
OP
BladeoftheImmortal
Oct 27, 2017
5,768
house in 2012 from google streetview vs. now



definitely not being taken care of.

Mod Edit: Pictures Removed
 
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Jarrod38

Member
Oct 25, 2017
2,781
Quick he left the street and city now lets look for the address and the real owner to let them know what is going on.
 
Oct 25, 2017
1,347
house in 2012 from google streetview vs. now


definitely not being taken care of.
Mod Edit: Pictures Removed
Huh? That’s is 7 years apart. The tress and bushes are bigger. Which is to be expected. They are slightly unkempt but not 7 years unkempt. The house looks exactly the same. Nice and clean looking. I hope you did more research than this.
 
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xxracerxx

Avenger
Oct 25, 2017
15,905
Are you, does your living room have a stackful of beer in the living room that hasn't been touched in 5 months, with weeds growing out of your lawn, and a rusted car in your driveway with 4 flats...or is it actually maintained?
You have the pick of the litter on Camp Oliver Rd then, if a derelict car / unkept bushes on the property is a sign of abandonment.
He's just trolling now
100%
 

Akronis

Lizard Daddy
Member
Oct 25, 2017
2,559
do it and post about it on your Instagram, I'm sure you'll get a ton of new followers
 
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