All Forum Posts by: Davido Davido

@Scott Mayer,  Please post what state the property is in.  The State law will control and each state can have significant differences. 

• "Can someone please give me some advice on how to best approach this, and does my neighbor have a solid case for adverse possession."

There is not enough information in your post.  Your post mentions that the a neighbor is taking you to court.  If he has filed a summons or notice of his lawsuit, then redact or cross out the personally identifying info (names, address, & parcel #)  and post the filed document here.  The key factors are going to be what proof he can offer that he has openly used the property for the time required in your state, and whether he can prove that he openly used it to the exclusion of the legal owner.  Merely parking a vehicle on it is not likely to be sufficient, but having a garden and storage shed on the property is sufficient -if done long enough and done in a manner that excludes the recorded owner. 

If he has not yet filed his intended claim of adverse possession, then your title to the property is facially sufficient for you to assume exclusive use of the property and I agree with @Lynnette E. -take steps to immediately eject your neighbor.   I would try a direct approach first by politely talking to your neighbor (While talking also hand the neighbor a written statement of your position and also mail a notice with proof of delivery).  Proceed to post no parking signs warning that your property is now a tow zone.  When the amount of notice that is required by your state's law has been given, call in the tow truck.  Also make clear that your neighbor needs to remove any property being stored in your shed.  Let him remove the shed if he wants, otherwise lock the neighbor out, and let your neighbor know that acts of trespass onto your property will result in you filing a trespass complaint with local law enforcement.  

Good fences do make good neighbors, but don't let lack of money for a good fence, stop you from marking your property.  Pound in some tall stakes, and run several lengths of stringline at 1', 2' and 3' off the ground and you've got an instant fence.  The property is yours until a court decides different.  It is important that you use it, and exclude the neighbor.  Note that it doesn't matter if the recorded owner of the property has changed during the period of adverse possession, and it may not matter if the neighbor has not owned his property for the period required for Adverse Possession.   Your neighbor can add or "tack" his period of use on to a predecessor's period of using the property in a manner adverse to the recorded owner.

That means if the period of use required for Adverse Possession was 10 years and your neighbor has only owned his property (and used yours) for 8, he can likely still claim the right to Adverse Possession of your property if the person on his property before him, had also used your property for years.

@Lynnette E.

@L. Brown,  ask your town to cite the section # of the ordinance that they believe makes it illegal to live in a basement unit -then read it and post the relevant ordinance(s) here.    I've never heard of a regulation that makes it illegal to live in a basement.  More likely, your town has rules about egress doors, windows, light, ventilation etc that most basements do not comply with.  However, all those requirements are doable with a little time, work and planning.   The real question is whether you want to do the work they require.

@Angdronell Durant  Finishing probate is the preferred way to handle the property of owner(s) who have died.  However, you can do many things with a property without completing probate.   You can get (buy) a quit claim deed from the three descendants who you are in contact with and then just start using the property as your own.  Rent it out.   You can even resell it, though you should make clear that you're only selling your interest, which you expect to be 3/5ths of the estate.   

If you rent the property, after 10 years you can file a Quiet Title action and obtain clear title.  Or you could proceed immediately to probate the property and assume you can notify the remaining heirs by publication (requires the Court's consent).  The property doesn't have to be probated.  You just won't have clear title now.   Clear title is likely to be needed if you want to sell it for top dollar or you plan to get a loan against the property.

@Eric Roloson, two thoughts.   

1. @Kris L. 's idea of using an attorney is excellent.  Attorney help shouldn't cost much (less than <$200).  They'll have standard forms that can be quickly adopted to your specifics.  Preparing the contract will be quicker than completing introductions  -if you are prepared with all the necessary info (basically a preliminary title report with accurate legal description, seller name and address, Assessor's Parcel Number, ect).  Using a professional will put you at ease.  It will help you to look professional in the eyes of your seller.   You won't even have to mention it, the Attorney's name and contact info will be on your documents.  And, finding an Attorney that you work well with is important to your long term success.  Real estate attorneys also have helpful relations with local title companies.
   
   Make sure to call several and describe what you need.  Be sure to focus on Attorney's that advertise real estate as their specialty.  My own preference is to work with a firm rather than a solo Attorney.   In my experience a firm (group of Attorney's working out of one office) always has someone, Attorney or staff, who can respond quickly to your needs. 

1. 2 Check out this link for sample contracts other members have posted on Bigger Pockets. 
   https://www.biggerpockets.com/files  find samples similar to what you want and adopt what another member has done, to your needs. 

Best wishes

@Corey Rippeto,  I'd just ask the person who believes they've inherited the property what she wants.  And listen carefully.  If she's indicating that she wants to get out of it, but doesn't know what it is worth, ask her if she has clear title (unlikely and you should have a preliminary title report before you ask).  If she is the owner of record then you can have her show you the property, run the numbers through a BP calculator and make her an offer.   If you don't want it, refer her to a RE agent who will list it.   You'd get nothing, except good will with the realtor you refer.   

If she does not have legal title but she can afford the cost of probate, then you can offer to partner with her so that she pays the costs and you do the work of getting a saleable title in exchange for her signing a deed giving you XX% interest.  Then either probate the property or file a Quiet Title action in which she claims the property as hers exclusively against any other heirs under the N.C. seven year statute for Adverse Possession.

If she doesn't have the funds to clear the title, then tell her you can take over the property via a Quit Claim Deed, and you'll put up the money needed to get a saleable title then you'll sell the property and give her XX% of the proceeds after the property is sold.

Alternatively, if she agrees to work with you, but neither of you can afford to probate the property, you can show your professionalism by immediately putting the place up for rent.  Craigslist.org always has people willing to put labor into rebuilding a property -if they can live there cheap while they work on it.  So if rent for the place in good condition would be $700/mo, then rent it as is -for $350, and offer to use some or most of the $350 to buy the materials needed for improvements, if the tenant will do the work.  $300 per month worth of materials is a slow way to do improvements, but you'd have a tenant providing the improvement labor at no cost to you, and that same tenant would be providing the rent that is paying for the materials.  The place would be quickly stabilized (no longer wasting) and slowly improve.  

If it is building is currently unliveable,  check whether the county allows temporary living in an RV, when you get a permit to rebuild or remodel the house.

Even if the house needs to be torn down, a lot with utilities can always be rented just for access to the utilities.  RV owners always need a place to "park". If there is power, water and sewer, renting a lot to an RV owner can often bring in $500/mo. Rent it out as an RV Storage spot. In my blog, below, if have a post that includes a rental agreement for renting a vacant lot to an RV owner.  https://www.biggerpockets.com/member-blogs/12388/86773-renting-real-estate-without-the-owners-consent-isn-t-that-fraud

That at least preserves and improves the property, and/or provides you and her with some income. 

Best Wishes

Most Jurisdictions limit the length of time an RV can stay at a Mobile home park because, unlike Mobile Homes, RV's are not designed for permanent living.   In Thurston Co. WA, the County Code places the following limitations on RV's which are considered an Accessory Use. 

Thurston County Code.

20.34.020 - Limitations on accessory uses.

Parking or storage of ... major recreational equipment in residential and rural districts, including but not limited to ... camping trailers, travel trailers, motorized dwellings, recreational vehicles, .... are subject to the following limitations:

Such equipment shall not be used for living, sleeping, or other occupancy associated with residential uses when parked, or stored on a residential lot, or in any other location not approved for such use. These types of equipment are intended for recreational use only and do not meet building, fire and safety, and health code standards associated with residential uses. Temporary occupancy is permitted but shall not exceed thirty days in any six-month period. Two thirty-day temporary occupancies within any twelve-month period must be separated by a minimum of at least forty-five days.

Hello @Mark Sewell  in regard to what might happen if nobody claims the property, I'm pretty sure it will go to property tax foreclosure.   One of your fellow Texacans is dealing with a similar issue in this post, which might be worth checking out.

https://www.biggerpockets.com/forums/48/topics/778864-abandoned-property-deceased-owner-what-is-next-new-investor?highlight_post=4577881&page=1#p4577881

   

Here is an easier read on who gets what in Texas when there is no will. 

https://www.nolo.com/legal-encyclopedia/intestate-succession-texas.html

https://statutes.capitol.texas.gov/Docs/ES/htm/ES.201.htm

If the deceased had a will, then verify who was granted the property in the will, find that person and negotiate. If there was no will then check out the Texas law on intestate succession for real property    https://www.oldrepublictitle.com/media/3182/tx-intestacy-chart.pdf and start contacting the relatives of the deceased who have an interest the property.   Probate is the normal course, but it is not the only one.   You can get deeds from the heirs that grant you their interest and just start using the property.  In fact, if the property is abandoned in the legal sense, (the owner or heir intends to give up all their interest), then you don't even need a deed to start using the property.  https://www.biggerpockets.com/member-blogs/12388/86727-renting-without-owner-permission-can-this-be-legal-even-semi-legal
But not many people are suited for that approach.  Best wishes.

@Richard McLain,  Thanks Richard.  You are not the first to consider the way I would do some projects to be insane.   Check out my Blog. https://www.biggerpockets.com/member-blogs/12388-abandoned-property-adventure-on-wildside

In defense of my idea, many jurisdictions such as where I live, Thurston Co. WA, do not require a contractor's license for a homeowner to build their own home, garage or ADU. Here, homeowners who pay for a construction permit, may construct their own foundation, framing, roofing, wiring, plumbing, mechanical, etc. Homeowners are also permitted to hire "help".

In the scenario I suggested Jillian would need to act as the builder, and the person she contracts would be her help.  There is nothing that prohibits the helper from being more proficient at every aspect of a project than the owner builder.  If it were my project, I would look for a helper who is has some experience in every aspect of home building.  If the contractor is weak in one area, a local Subcontractor can readily be brought in on a limited basis to offer supervision/management.  But generally there should not need to be any subcontractors, and thus no subcontracting delays.  

There are a surprising number of generalist type builder's all across the US who do have broad experience in home building.  Our nation is blessed with people who have built either multiple homes from scratch or just their own home.  I am one of them.   It is true, that a generalist, will not be as fast at any craft as are the specialists, but he also won't have any of the delays typical caused by waiting for a subcontractor to come perform their specialty.

Here in Western WA, a proficient professional contractor, will complete the construction of a house, from foundation pour to final County inspection in 4 months.  They do it all the time.   Not sure why allowing 6 months for a smaller project, would be unrealistic? 

So when the budget is tight, one option toward getting it built is for the owner to step up and do more of the job.  Doing more of the job can include taking on the project as an owner builder, handling the permitting, looking outside of the local market for cheaper help that is proficient in building, sourcing all the required materials, and supporting yourself and your generally proficient helper with locally licensed supervision where needed.  All that is a lot of work.   It is certainly true that many people who have built their own home, do look back on the project and consider it insane.  

Still, if it is important to get a project built within a limited budget increasing owner participation is one way.  

There is always a way.  There is always another way.  And there is always a better way.  Your observation about the insanity of this way, is worthy of consideration.