[katy214]

I inherited 1/2 interest in some land. My dad died when I was 10 so I never knew anything about it. His brother who was 1/2 interest never told my mother or me. Apparently he leased the land and paid the property taxes for all these years. My uncle has passed now and his kids tried to sell it and it came down the chain title as me being the heir on my dads side. They now have attorney talking to them about the Adverse Property law. When I had asked my attorney a couple of weeks ago if there was a Statue of Limitations on the property he said "NO" not on inherited property. Just wondering if anyone knows any information on this. I know the laws on inherited property are different than on paid property but not sure how it all works.


Thanks, Katy

[North Beach Person]

Ask your attorney to explain it in more depth.

[JGMotorsport64]

Because he owned a part of the title, I don't see how he could adversely possess it. AP requires some sort of hostile possession, but you can't have hostile possession of something you hold an interest in.

But I'd talk to your lawyer some more to clarify what he meant, I don't believe there is an inheritance vs. purchase distinction, the issue is that he already holds an interest in the land thereby negating the hostility requirement.

AP requires the possession to be Open enough for notice to a reasonable landowner; exclusive possession of that land; hostile (his issue); for a statutory period (7years in AR); and continuous possession adding up to the 7 years.

[jackmichigan]

Who would be trying to claim adverse possession? And how long ago did your uncle pass away? It doesn't sound like they have a case from your brief description.

[katy214]

My dad passed away in 1982, I was 10 yrs old at the time. The property was inherited by my dad and his brother from their dad who had a deed to the property. My dad and uncle never got a deed put in their names. My uncle knew about the property and leased it to be farmed and got all the lease money off of it. I never knew that I was entitled to it by inheritance. My uncle passed in 2004 but now his kids are trying to sell it and the buyers attorney said I needed to sign to release the rights. So, since they all knew about it and controlled it think I shouldn't be entitled to any of it.