Squatter's Rights? (real estate, apartment, rent)

[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]

[prophetlivingood]

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?

1 - There are NO squatters rights in IOWA !

2 - Go to your small claims court; and get 2 forms; A) forcible entry and
detainer action (eviction papers for landlords); and B) replivinary action
(reposessing legal property).

3 - Publish Notice in an local newspaper for 2 weeks; IE "Your Name" Versus "Unknown Persons."

4 - Iowa Code 614 regarding Statute of Limitations "extends the limitations" when dealing with complete strangers.

5 - Make Xerox copies of your QUIT CLAIM DEED or any other "deed" which proves the real estate is deeded in your name, and "attach it" as evidence to both of your two (x2) small claims lawsuits for eviction and for replivinary.

6 - Pay the filing fees at the courthouse (normally $50.00) and for service of process (an extra $40.00)

7 - Go to your police department, and/or sheriff's department and get report form to "fill out" and be sure to mention "unknown person or persons" have broken and entered into real estate of mine and are living there without my express written consent.

8 - The Sheriff's Dept. or Police will physically confront the "strangers"
whom are unlawfully residing in your property and will serve them with
EVICTION and REPLIVINARY papers .

9 - The Unknown Persons will then be legally required to attend court proceedings to prove their right to live there; and you will also be required
to attend court to disprove their right to live there.

10 - Very likely you will win both the replevinary and eviction proceedings
and the court can ORDER the SHERIFF or POLICE to PHYSICALLY REMOVE
these persons from your property within 30 days or less.

11 - Be sure to go to your property with law enforcement and with video
camera and disposable camera and take pictures of any and all "damage"
that has been done ! This way you can collect an monetary award for
damage the squatters/ unknown persons have done.

12 - Now that you have "won" these civil suits, very likely you won't get
any money out of them, but at least you have the satisfaction that justice is done and that these lowliflies have gone.

13 - Pay a 2nd visit to Police or Sheriff; and make visit to County Attorney's Office and demand that an "arrest warrant" be issued for
"burglary" (if vandalism occurred, then add vandalism charges and the
dollar amount it will cost you to repair the property; be sure to get an
price quote ASAP from an construction company)

During the last 15 years of my life i used to own an 2 story warehouse;
and several travel trailers; and almost 6 vans - in short "so many home-
less people" were breaking into my vans, trailers, and even into my old
warehouse.

Also, almost every apartment i ever had in the quad cities was "burglar-
ized" and on one occasion i met one burglar face-on during the burglary.
Luckily at the time i was an taxi driver armed with pepper mace, stun
guns and other nonlethal defensive items.

Currently i am searching for real estate to build and live in an "earth home"
which will be fashioned after an old military style bunker.

I hope this info helps someone whom is dealing with squatters, bums, homeless dumb****s, and people whom do know better but don't care and think they can get away with it !