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    Post: Adverse Possession under Hostile Circumstances.

    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.


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