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Updated about 1 year ago on . Most recent reply
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Adverse Possession Claim: Transferring Interests With A Quitclaim Deed.
I found an abandoned land lot several years ago and claimed it under the Adverse Possession law. I filed a notice of adverse possession. I also paid 7 years of the unpaid property taxes so the parcel is now up to date. I thought about doing a quiet title but I learned that title insurance ask for 6 months to 3 years of ownership prior insuring a such property obtained by judicial decree. Also the timeframe and cost to file a quiet title is very unattractive.
Someone made me a financial offer to transfer my interests in the parcel to him, with a quitclaim deed. My question is: can I do it, is it legal? I read that it could fall under the "statute of frauds". Then, I also read that using a quitclaim deed is how claim of rights are legally transferred from a party to another since I now have a financial interest in the parcel. Since these information are contradictory, I'd like to know: can I sell my interests legally with a quitclaim deed.
I haven't heard from the owner on paper and I doubt I will but if somehow he was to reappear, can he sue me for selling my interests in the parcel? Is it civil or criminal? Thank you for your answer and your guidance. I find very little information on the subject, I contacted several real estate Attorneys and they did not have sufficient knowledge to advise me. In case someone on this forum is familiar with transferring such interests, please feel free to contact me. Thank you.
Happy New Year Everyone!
Most Popular Reply
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A quitclaim deed would be the only way to “sell” anything here.
Is paying some back taxes current the same thing as public, continuous, exclusive, uninterrupted, and peaceable possession of the land? Notice the “and”.
I’m guessing the offer is pennies on the dollar of assessed value and the offeror is experienced in pursuing QT actions on his/her own behalf.
- Tom Gimer
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