Squatter's Rights? (rent, squatters, lawyer)

[redroygene]

We own property in Henry county where an uncle is living with a living use of land agreement whereby he may live there rent free for his lifetime. He invited strangers to place a mobile home on the property to reside in for themselves. He insists they are "company". What dangers can we anticipate with these "squatters" as to legal land aquisition that they may try?

[Alt Dach]

Originally Posted by redroygene

We own property in Henry county where an uncle is living with a living use of land agreement whereby he may live there rent free for his lifetime. He invited strangers to place a mobile home on the property to reside in for themselves. He insists they are "company". What dangers can we anticipate with these "squatters" as to legal land aquisition that they may try?

You need a lawyer.

[Luke9686]

I agree, get a lawyer.

[Farmerkd1]

The term you're talking about is "Adverse Possession."
Read up on it as it's used commonly throughout Iowa.

Lots and lots of variables, so heed the advice of the previous posters and talk to a lawyer -- the sooner the better, as the clock is ticking ... in the squatters favor.

Good luck. Catching this early is really the key, you probably won't have too much trouble at all if it's been going on for less than 10 years.


p.s. A high school buddy of mine was the county attorney there in Mt. Pleasant, but he's moved up and I don't know who replaced him. That would probably be a good place to start for some info though. Give them a call.

[Iowagirl566]

Originally Posted by redroygene

We own property in Henry county where an uncle is living with a living use of land agreement whereby he may live there rent free for his lifetime. He invited strangers to place a mobile home on the property to reside in for themselves. He insists they are "company". What dangers can we anticipate with these "squatters" as to legal land aquisition that they may try?

Company generally brings suitcases not a mobile home! I agree with the others... get a lawyer.

[Puppy2]

My uncle was living with a divorcee who had no children and only one known nephew living that we have not been able to locate. The lady passed in 1988, which left my uncle in the home. the lady.s husband, passed before her. My uncle passed in 2008, and my mother and I was residing with him at the time. We have been paying the property taxes and maintaining the upkeep of the property. What rights do we have?

[aoifster]

Originally Posted by redroygene

We own property in Henry county where an uncle is living with a living use of land agreement whereby he may live there rent free for his lifetime. He invited strangers to place a mobile home on the property to reside in for themselves. He insists they are "company". What dangers can we anticipate with these "squatters" as to legal land aquisition that they may try?

I actually dont think you have much to be worried about but I would still definatley recomend a lawyer to be on the safe side!

For the owners of the mobile home to accrue rights over the land they must be living there in adverse possesion for a specific period of time. I dont know the exact time period for iowa, but its typically 12years or so. the possesion must be ADVERSE, that is they cannot be there at the invitation or permission of anyone who has a right over the land. thus I think the mere fact your uncle invited them there would prevent them using this piece of law. also, just putting a mobile home on a piece of land would most likely not be considered 'possesion'. If they start to build any thing at all on the land (even so much as a single wall!) then you should become worried!

I would still 100% reccommend consulting with a lawyer because the situation with iowa state law may be different, even though what i have described above is the norm. also aq lawyer can help you deal with getting them off the land if you wish to do so.
Good luck!

[Busch71]

Originally Posted by Puppy2

My uncle was living with a divorcee who had no children and only one known nephew living that we have not been able to locate. The lady passed in 1988, which left my uncle in the home. the lady.s husband, passed before her. My uncle passed in 2008, and my mother and I was residing with him at the time. We have been paying the property taxes and maintaining the upkeep of the property. What rights do we have?

See posts #2 and #3

[AshBrow]

Iowa Code removed the adverse possession law [url]http://coolice.legis.state.ia.us/Cool-ICE/default.asp?Category=billinfo&Service=Billbook&fra me=1&GA=80&hbill=SF2212[/url]