Post: Adverse Possession under Hostile Circumstances.
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Posted by Duane on 7/16/07
Mr. Payne, I'm attempting to clear up some old family
business in Virginia. This particular situation deals with
real property belonging to my Great-Grandfather's Estate
when he died in 1962. His daughter, my great aunt held the
property in trust as Administratix of his estate. She
wrote us a letter, stating she was paying the property
taxes on the land and could get clear title in 1971 then
would have the property surveyed and divided equally in to
2 parcels. 1 for her and 1 for us. That never happened.
She died in Aug. 1975 and her husband, my great uncle
stopped paying the property taxes.
Because of local Court Documents linking us to(a Chancery
suit that was file in 1963 by the other heirs of his
estate which included this property), the local County
Attorney contacted us in 2007 and notified us the property
was to be sold for back taxes.
We were informed that NO TAXES had been paid for the last
32 years. Being shocked and angry with this information,
we ended up paying the outstanding back property taxes,
including penalties and foreclosure costs, to protect our
interests in the property.
We were informed by one of the County Attorney's, that
because we have paid the taxes for over 25 years, we could
pursue getting a clear DEED by filing for Adverse
Possession under hostile circumstances here in VA. The
property is vacant land but does have a private lane that
4 other adjoining properties use as access into their
lots.
My Question is; Is there such a Virginia Statue for
claiming "Adverse Poessession Under Hostile
Circumstances"? If so, where could I find it and
supporting case laws to investigate this further.
Thanks
Posts on this thread, including this one
- Adverse Possession under Hostile Circumstances., 7/16/07, by Duane.
- Re: Adverse Possession under Hostile Circumstances., 9/19/07, by William Holland.
- Re: Adverse Possession under Hostile Circumstances., 9/22/07, by Res Ipsa Loquitur.