Squatters and avoiding adverse possession - Page 2 - PeachParts Mercedes-Benz Forum

barry12345 · #16 10-19-2015, 11:40 AM

Other than protecting my mother I doubt I would want to get directly involved. Some situations just basically suck when you get into them.

Regardless of your new father in laws present condition his time is pretty limited. If he suggests he needs help. I would get a lawyer or him to employ one to at least look at the situation and suggest a course of action.

You blundering in to an existing situation on your own is going to be problematic.

For example the land may already be willed to the nephew. Or even worse is no will may exist. There is much to be learned.

At least if no person has occupied some portion of the property for more than eight years is a real upside although I do not know the laws there. Maybe it is just me but I really dislike real estate squabbles to put it mildly. I was hesitant to post on your thread because of this. I have one outstanding real estate issue to deal with myself still.

cmac2012 · #17 10-19-2015, 02:14 PM

Most of what I've found about adverse possession online is a how to guide for grabbing land. I'm still baffled by the existence of the laws.

One article focused on Oregon and it's 10 years there.

But yeah, I think you're right. Getting much involved could be a nightmare for me. Too late to the scene. Eugene is a charming town, but moving would be a major production. It was so much easier in the day when people pretty much stayed in their home town. I want to be the good son and care for my mother but relocating and starting from scratch is daunting.

barry12345 · #18 10-19-2015, 03:09 PM

If the squatting law to establish rights is only ten years there. Your new father in law should be cognizant of that fact already or at least made so. Only he can do anything about it legally basically if required.

Unregistered to the occupant other than paying rent or whatever to the real landowner and a good paper trail to me would represent the potential of a claim. It could get complicated and expensive really fast. That's if the ten year limit was exceeded and he could easily lose. Possession as they say at that point is 9/10ths of the law and harder to contest. The squatting has been allowed.

I think a properly registered get off my land notice or court order is indicated. Or some type of legal agreement that totally nullifies any claim being made is needed pretty soon. Verbal statements and agreements would be pretty much worthless. What I was here thinking about is how much area could a squatter claim? Whatever he uses?

It would be highly self negligent to let ones own property become liable for a claim. I suspect that is also the position a court might take after ten years and that is approaching from what you have already learnt.

cmac2012 · #19 10-19-2015, 04:19 PM

I've known a few people in that age range and it seems that it becomes easier to ignore some irritants. This is one best not ignored. My mother is happy to be with him but apparently he shares his worry with her and then doesn't act on it. That could get to be annoying. I'm tempted to refer her to my legal thing - Pre Paid Legal - where for about $20 a month you can talk to a lawyer by phone, pretty much unlimited. I'm assuming that since she's legally his wife that she can ask questions and get answers to these issues.

I told her a couple of months ago that one huge red flag would be the allowance of anyone but the owner, her husband to pay property tax on the land. I knew a guy who went to Hawaii to grow funny weeds on land owned by a lady veterinarian, who I also knew. She hadn't been there is a while and it seemed like a good deal to her. At some point he persuaded her to let him pay the property tax instead of rent and she agreed. Whoops. I always was wary of trusting they guy, turns out I was right. He managed to get her land after paying the property tax for several years.

I don't know how the laws on that work. Anyway, I asked her yesterday if she had talked about that and she had not! I urged her to discuss this immediately and if tax had been paid by anyone else at all to find a lawyer the next day.

I somehow doubt though that my SD is that dumb. But at that age it's not really a matter of dumbness.

Medmech · #20 10-19-2015, 08:30 PM

If they feel threatened or intimidated explore the elder abuse laws.

barry12345 · #21 10-19-2015, 09:41 PM

Almost impossible for a squatter to pay any property tax unless the owner authorizes it and it would be the whole bill I expect. The squatters do not have their own property numbers to pay against.

You mentioned he seems to have some money. Personally I suspect he may have gotten worried about the whole situation and is communicating this with your mother. A lot of us procrastinate on occasion but this solves nothing usually. That is exactly what I expect he has been doing perhaps not knowing what to do.

They need a lawyer local to them to sit down and talk with. An older guy with lots of property experience and not a shyster would be ideal. Should not be that expensive and I suggest a sit down as something has to be started. No offence to younger lawyers but in general the older ones have worked out things better in my cases.

Plus that lawyer can access the client much better in person and get a feel for what he feels and is dealing with. A 94 year old guy would not feel all that comforatable with a phone consultation in my opinion anyways or perhaps just less comforatable.

Your mother being his wife should attend as well. Her interest if any may not change but she will know the status. For example once again for many reasons he may procrastinate at the meeting without her input. Discussions at a meeting with him alone could also raise more questions than answers between the two.

This may turn really ugly and that is a solid reason to have a lawyer directly involved. Part of their jobs that I have no envy for is dealing with ugly situations. Kind of part and parcel of their business unfortunately.

Your father in law if approached by those involved then can simply tell them to communicate with either his lawyer or their own. He is taking care of it for me as I do not know much about these things.

My suspicion is there might even be a will change after this is done. That's if one exists. If you can encourage this to happen you probably have done about all you can.

Older guys do not like to spend money in general I understand being one myself. You just have to sometimes as there is no sane alternative. Unless I guess you are satisfied to leave a real mess behind. Also your mother might suggest in the event she had to attempt to deal with it later herself and does not want to. It should be done now.

Us older guys are not always the brightest remember. The majority of women possibly think not at any age. I do not know how Americans think in some areas.

At that age I was even wondering about some temporary power of attorney to take the heat. He or she would have the ideal defense and take the heat of acting in the old gents best interests instead of him. The lawyer for example might be temporarily made one for a short time. Even for this an opinion is needed.

I have a feeling some of our on board lawyers may correct my thinking where required. Wait a bit and see.

cmac2012 · #22 10-20-2015, 12:59 AM

Quote:

Originally Posted by Medmech

If they feel threatened or intimidated explore the elder abuse laws.

Good point, and I had thought about that. He's fit for his age but of course you're not going be any sort of tough guy past age 90.

I don't what to make of much of this. My mother may be misunderstanding various parts of it. There's a touch of Peyton Place in the mix, if I didn't like and admire this fellow this could be a real trip for me.

BTW, something that might interest you, he's a WW2 vet, served the whole time in a hospital in CO, IIRC, as a surgeon's assistant. Not sure which branch. Not combat certainly but I suspect that a good number who had been in combat appreciated his service while in hospital.

He's in WA DC now, or perhaps just returned. He went on that 'Honor Flight' program. They were glad to have him, assigned him a younger vet as traveling companion. Apparently not too many WW2 vets can still walk very well.

cmac2012 · #23 10-20-2015, 01:19 AM

Quote:

Originally Posted by barry12345

Almost impossible for a squatter to pay any property tax unless the owner authorizes it and it would be the whole bill I expect. The squatters do not have their own property numbers to pay against.

You mentioned he seems to have some money. Personally I suspect he may have gotten worried about the whole situation and is communicating this with your mother. A lot of us procrastinate on occasion but this solves nothing usually. That is exactly what I expect he has been doing perhaps not knowing what to do.

You're probably right. I can imagine the property tax on 360 acres of timberland would be not trifling. Probably more than they could come up with.

My mother indicates that he does have some worry going on. He has some sort of will but spoke to her about changing it shortly before they were married. I hope he gives her something because if nothing else, she's providing value in being a full time caregiver, I mean not now, but likely later. She's pretty fit and likely to outlive him. For him to land a wife at that age is sort of a coup, not to be crass about it, and I suspect if he was indigent, it wouldn't have happened.

OTOH, if relatives felt she got too much, could be some tension. It sort of sucks to even think about this stuff but it is reality.

jt20 · #24 10-20-2015, 01:25 AM

I am familiar with the area and have been looking for a good place to target practice.

This could be a great opportunity for everyone.

cmac2012 · #25 10-20-2015, 03:06 AM

Well uhhh, I have no idea if that's the needed solution. Might be a downside to that anyway.

barry12345 · #26 10-20-2015, 12:32 PM

Another reason for legal involvement is a trail of indicators of mental competence. I have seen the worse things occur after someone dies.

Things contested, arguing beyond reason, theft and other downsides. Basically just ugly messes. We all kind of owe it to others at least attempts to reduce these things.

Good legal advice with common sense can help a lot.

cmac2012 · #27 10-20-2015, 03:04 PM

I would hate to see my mother give some of the best years left in her life to a guy she cares about and vice versa only to see his relatives, after his death, claim that he was mentally incompetent, perhaps going on about her marrying an 94 year old guy with money.

I suspect plenty of his friends would testify that it ain't so but who knows. He sure seems alert and capable to me. Still drives and just paid cash for a new Dodge Hemi pickup to the max. Spent much of the summer overseeing the improvement of roads on his spread. Speaking of which, I would think that his active involvement on his land would make any squatters claim impossible. Perhaps a few of his relatives who are not among the squatters have got him in a tither on this.

But yeah, some lawyering up is in order. And he can afford it.