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multi-faceted adverse possession situation Alabama

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  • multi-faceted adverse possession situation Alabama

    Hi I have been combing your forums for a similar situation but I doubt I will find anything that can encompass this entire situation.

    So this is it:
    For 5 years we have been renting a lot in a trailer park. We recently purchased a house 2 doors down from our trailer and did so thru a contract for deed covering the owner financing the purchase, along with a quit claim deed from the owner, all signed and notarized and done quite quickly as impending foreclosure was within a week away.

    About all we had time to do was search that there were no liens against the property other than the mortgage that we were assuming payment of. After we had these documents recorded at the courthouse and changed over the property tax info as the new owner, we stopped in and got a print out of our lot both in drawing and aerial.

    Now this is where it gets interesting. according to both the drawing and the aerial view our trailer is not even on the land owned by the trailer park owner but is situated on county land reserved for a future road and has been since 1978, with rent being collected by trailer park owner and the trailer that is between our trailer and our new house, is actually on the lot the new house is on and has been for probably 20 years. The trailer park owner has also been collecting rent on it.

    There is a county road between it and the actual property owned by the trailer park. The trailer park owner owns nothing across the road; our lot is the first lot across the road. I have looked into adverse property in Alabama and found this: http://www.legislature.state.al.us/s...ills/HB534.htm

    Section 1. Section 6-5-200, Code of Alabama 1975, is amended to read as follows:
    "(d) After September 30, 2005, no person may begin a period of adverse possession nor be entitled to assert or obtain a vested right to confer or defeat title to land based on this section."

    Section 2. The common law doctrine of adverse possession by prescription is abolished after September 30, 2005. Thereafter, no person or party may begin a period of adverse possession by prescription nor be entitled to assert or obtain a vested right to confer or defeat title to land based on the common law doctrine of adverse possession by prescription.

    Im not sure if this was actually amended or not, I haven't been able to confirm this as of yet.
    We are going to have a survey done and confirm the county record, before letting this cat out of the bag.

    As I understand it, under the requirements of adverse possession, I would think that neither would actually have fulfilled the legal requirements for adverse possession, as the trailer park owner does not live on the said property and the occupant in the trailer never believed themselves to be an owner as they have been paying lot rent to occupy that space.

    Would I be correct in assuming neither could make claim our land? And also what would be the ramifications of the trailer park owner collecting rent for county land and should i continue to pay rent on a lot i know she doesn't own??

  • #2
    Adverse possession can not be used to take State land

    Originally posted by bamabunny View Post
    Hi … I have been combing your forums for a similar situation but I doubt I will find anything that can encompass this entire situation.

    So this is it:
    For 5 years we have been renting a lot in a trailer park. We recently purchased a house 2 doors down from our trailer and did so thru a contract for deed covering the owner financing the purchase, along with a quit claim deed from the owner, all signed and notarized and done quite quickly as impending foreclosure was within a week away.

    About all we had time to do was search that there were no liens against the property other than the mortgage that we were assuming payment of. After we had these documents recorded at the courthouse and changed over the property tax info as the new owner, we stopped in and got a print out of our lot both in drawing and aerial.

    Now this is where it gets interesting. according to both the drawing and the aerial view our trailer is not even on the land owned by the trailer park owner but is situated on county land reserved for a future road and has been since 1978, with rent being collected by trailer park owner and the trailer that is between our trailer and our new house, is actually on the lot the new house is on and has been for probably 20 years. The trailer park owner has also been collecting rent on it.

    There is a county road between it and the actual property owned by the trailer park. The trailer park owner owns nothing across the road; our lot is the first lot across the road. I have looked into adverse property in Alabama and found this: http://www.legislature.state.al.us/s...ills/HB534.htm

    Section 1. Section 6-5-200, Code of Alabama 1975, is amended to read as follows:
    "(d) After September 30, 2005, no person may begin a period of adverse possession nor be entitled to assert or obtain a vested right to confer or defeat title to land based on this section."

    Section 2. The common law doctrine of adverse possession by prescription is abolished after September 30, 2005. Thereafter, no person or party may begin a period of adverse possession by prescription nor be entitled to assert or obtain a vested right to confer or defeat title to land based on the common law doctrine of adverse possession by prescription.

    I’m not sure if this was actually amended or not, I haven't been able to confirm this as of yet. We are going to have a survey done and confirm the county record, before letting this cat out of the bag.

    As I understand it, under the requirements of adverse possession, I would think that neither would actually have fulfilled the legal requirements for adverse possession, as the trailer park owner does not live on the said property and the occupant in the trailer never believed themselves to be an owner as they have been paying lot rent to occupy that space.

    Would I be correct in assuming neither could make claim our land? And also what would be the ramifications of the trailer park owner collecting rent for county land and should i continue to pay rent on a lot i know she doesn't own??
    Adverse possession cannot be used to claim land owned by the State of Alabama and/or a county property within the State. This claim should not be made because one might be setting up damages against the claimant if the Attorney General and/or the county commission wish to pursue it. You should consult an attorney in this matter; the attorney might be able to come up with a creative solution to this mess. However, personally I would be running from this situation to avoid being charged with trespassing! Thus, the trailer should be moved immediately without discussion.
    Last edited by DrumMajorChange; 02-27-2010, 07:07 AM.
    I am not an attorney. My personal opinions are not legal advice.

    "The only thing we have to fear is fear itself." --- Franklin Roosevelt

    The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy. --- Martin Luther King Jr.

    A trap was set once upon a time; however, the designer fell in himself!!

    Comment


    • #3
      Thanks for your response

      maybe i confused the issues in describing the mess ...sorry

      As I understand it, under the requirements of adverse possession, I would think that neither would actually have fulfilled the legal requirements for adverse possession, as the trailer park owner does not live on the said property and the occupant in the trailer never believed themselves to be an owner as they have been paying lot rent to occupy that space.

      Would I be correct in assuming neither could make claim our land?
      We have no desire or thought to claim adverse possession for our trailer . My concern was more about the trailer that is on our lot that has been being rented to the trailer owner by the trailer park owner.
      I would also think that the county would see her as the trespasser, fraudulently renting their land.

      We moved into a trailer that had been there for 25 years, as a renter you rarely go to the county and check ownership.... but i think from this point forward i'd advise it because you just never know.

      We would ultimately like the trailer that is on our lot moved and move our trailer on to that spot.
      We aren't looking for a free ride and certainly don't want to give one to the trailer park owner. The trailer park owner has already collected approx $39,600 by renting county land. $5,000 of which we paid. I feel that's enough free money.
      Don't we all wish we could make money off county land ...haha

      Comment


      • #4
        Consult an attorney before the survey

        Originally posted by bamabunny View Post
        My concern was more about the trailer that is on our lot that has been being rented to the trailer owner by the trailer park owner. I would also think that the county would see her as the trespasser, fraudulently renting their land.

        We moved into a trailer that had been there for 25 years, as a renter you rarely go to the county and check ownership.... but i think from this point forward i'd advise it because you just never know.

        We would ultimately like the trailer that is on our lot moved and move our trailer on to that spot.
        You should consult an attorney in this matter. The land survey should be conducted by a professional land surveyor. The land surveyor should start the survey from a section corner and clearly document the section line in this matter.

        It might be wise to have the attorney to send a letter to remove the trailer off of your land. The owner of the trailer might be able to claim adverse possession against you as the owner of the land. I pray that the owner of the trailer does not claim adverse possession against you. You need to find out from the person that sold the land to you that the owner had permission to have their trailer on your land. Ideally, a copy of their lease might be very helpful in defeating a claim of adverse possession.

        Caveat emptor buyer beware. It is always wise to have an attorney involved in buying a home and/or raw land.

        Originally posted by bamabunny View Post
        We aren't looking for a free ride and certainly don't want to give one to the trailer park owner. The trailer park owner has already collected approx $39,600 by renting county land. $5,000 of which we paid. I feel that's enough free money. Don't we all wish we could make money off county land ...haha
        The issue has not been resolved yet; the county might try to collect for the trailer yet. The county might think that they have hit BINGO. If counties in Alabama cannot make money off of BINGO; they might find other ways to collect needed revenue such as collecting RENT!
        I am not an attorney. My personal opinions are not legal advice.

        "The only thing we have to fear is fear itself." --- Franklin Roosevelt

        The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy. --- Martin Luther King Jr.

        A trap was set once upon a time; however, the designer fell in himself!!

        Comment


        • #5
          just a quick update

          after having a survey done, and the survey company employee suggesting that some info on the survey was just assumption... i was directed to the city engineer and thru working with him i found out that what i thought was state/city dedicated road was actually vacated to our lot back in 1954.
          At that time the owner of our home owned all abutting property(which the lot on our side was one subdivision(A) and the lot on the other side was a different subdivision(B)) and requested it be abandon to use of the public and to subdivision(B) and requested "to aquire in and to said herein above described property(subdivision(A) by virtue of the vacation of said avenue"
          The records were hard to find. they were eventually found in minutes of a city council meeting where they accepted the request and ratified it and quit claimed it to the previous owners of our lot. acknowleged that $1.00 was recieved.
          back in 1954 apparently that was the way that stuff was recorded. somewhere along the way that was never added to the property line with the county. so this is the next step in the chain.
          i'm just taking stock and deciding on my approach.

          oh and just an update on the trailer park lady. the city engineer informed her that that trailer is definately on our property. She doesn't return my calls....lol
          not to worried about it at the moment. But now i know she's got no concience and is quite happy collecting rent on a property that is not hers when i'm done as much leg work as i can i'm sure she'll reply to a lawyer

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