Adverse Possession, Quiet Title Action, Color of Title | Real Estate Exam Prep
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- Äas pĹidĂĄn 2. 07. 2024
- In this real estate exam prep video we discuss Adverse Possession, Quiet Title Action and Color of Title. Key real estate concepts also discussed in this exam prep video are:
Involuntary Alienation -
Voluntary Alienation -
Escheat -
Foreclosure
Eminent Domain -
Adverse Possession
Adverse Possession by Tacking -
Quiet Title Action -
Color of Title -
Adverse Possessor -
Trespasser -
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You said adverse possession gives "constructive notice" because everyone sees them doing it but wouldn't that be "actual notice" instead of constructive?
@@joymartin8414 Great observance.... In the world of adverse possession claims, there is no way to prove âActual Notice.â And because the burden of proof is with the adverse possessor, the courts have used the âConstructive Noticeâ standard to prove "Open & Notorious" element of the process.
In other words, because it is too difficult for the adverse possessor to prove the element of actual notice, courts determine that it is sufficient for adverse possessors to prove that they have held the land in such a sufficiently open manner that the title holder SHOULD HAVE have taken notice. The good thing is, I highly doubt your real estate exam will dive that deep into :o) Thank you, Joy for the quest... love it! Best of luck!
Thank you. You just described the exact same thing I am going thorough. Adverse possession (maintaining and using the land) has been going on in the open for the last 50 years at the home we just bought. Our new neighbors want it back. We will be taking over that property. Subbed
That's awesome... thank you for sharing!
Great video!!!! thank you so much! soooo helpful!
Thank you
Well that was easy to understand. Thank you for this ! đ
Hi Madrigal.... you're welcome! Thanks for leaving a comment
I live in a state where the Adverse Possession is only 5 years. Also live in a highly rural area with lots of abandoned buildings. I know this is info for real estate license, but this actually seems like a legitimate way to advance my family's wealth. Adverse Possess a house, fix it up, sell it, or live in it. We have some of the highest wealth inequality in the nation, and lowest minimum wage. Might be worth it.
It's is always an option, however, in reality it is a very difficult process to make successful... you may be better off investing in tax lien certificates or tax deeds :o)
Thank you so much!!! That was very helpful.
You're welcome best of luck with your studies! :o)
excellent,well explained video,even for beginners. thank you!
You're welcome! Thank you for taking the time to leave us a comment. Greatly appreciated
Thank you for sharing your knowledge.
Glad it was helpful!
Great video!!!
Gracias...
Question: If you have a property that is adjacent to your own that you essentially have taken care of, maintained, put a garden on, put a concrete slab on, cleared trees and brush, etc. but it is owned by the city.....could you foreseeably do a quiet title action under adverse possession? My understanding is that this has been done before. At least I have read of it being done in the state of Pennsylvania. They successfully argued that the city was not a sovereign entity like the state and should therefore be subject to the same criteria as an individual. And since the city didn't apparently do anything about the person's activity on their property, the judge supposedly gave them the property.
In some states, their statutes protect all governmental entities including cities, counties, school districts, etc. In other states, you're correct, local governmental bodies do not immunity and citizens may use doctrines such as adverse possession to obtain title.
Thank you sir for this video
Thank you I appreciate you leaving a comment :o)
A survey has been completed and recorded if with the area & amount of encroachment is noted. The survey painted a line on the cement showing the property line. Can I touch the encroachers patio table & chairs (without any damage) to remove off my property so a fence can be installed? The adverse limit is 5 years here in California. This bold & intentional adverse possession started Feb 5, 2020, one year ago. I would appreciate any helpful additional comments from you or viewers. I am 76 and this has been quiet detrimental to my health. Thank you.
Hi, somehow my national textbook shows 5 characteristics of Adverse Possession are Open, Notorious, Continuous, Hostile, Adverse.So any idea why thereâs difference. Also what is the difference between âAdverse Possession â and âeasement by prescription â
What if the intended use of property is residential it is a residential vacant lot that has no building is it ok that it is being lived in as a residential home if the home is an rv ? The neighbors do not mind since a nice fence & trees make their dead end street look so much better than when it was an abandoned trash dump.
"IS" Residential, [1-4 family dwelling units] "Commercial" or "Private Property?" Can a lien attach to "Private Property?" What is a T 21 termination statement? Is there a form to fill out to demand the debtor Bank to record the "Satisfaction of Mortgage letter" since there was UCC T 21 termination statement filed and recorded?
how does the adverse posseser pay the taxes on the property?
Hello Paul ,hope you are doing well. Thank you so much for your Videos. I am taking the state exams in NY. Although, most of your videos have helped me in studying for my NY Broker State exam, can you make more videos on state specified topics? Also, how many years does someone have to live in a property under adverse possession? Thank you.
Hi Joanne... thank you for the comment... I would love to do state specific videos but there are 50 states and 4 U.S. Terratories that regulate real estate. It would literally be beyond my capabilities.... That's why it's just the National Portion of the exam.... Adverse Possession is state specific. Every state established the time frames. Generally speaking, it ranges from 5 years to 25 years. Thank you, Joanne!
This is excellent information.
In California what is the tacking period and the adverse possession statutory period?
Every state has their own procedures and statutory period of time for adverse possession. I do not know what Clifornia's specific time period
5 years. But how long until ur no longer trespassing
what if you have an estate in probate and the case has been CLOSED but is still active? also, I was never contacted, and I never received anything in writing. How would I know what I am entitled to? Thank you so much for your time. đş
What if the owner has disability and others have power of attorney ..I think it is called Tolling (stops the time clock for the adverse possessor)....want to purchase but neighbors claim to have made improvements(they parked an RV and it is plugged in on their side of property line..no water or sewr hooked up) they also stopped mowing driveway area that had been used in 2021...Survey company is doing added paperwork documenting encroachment. We have photos deed records previous survey ....and they pulled the above ground stake survey put in day before.... Hope it is open and shut case
I have video of every time I went into the property I changed locks also previous owner passed an his daughter wants nothing to do with it
Great Information!!!
What is the tacking period in California?
I have no idea. Each state has different rules and times frames and they do change often... The good thing is, your exam won't ask about time frames since it is so state specific...
This video really helps me I have a few properties I been working on kinda scared lol been keeping up with these things how do I know if I'm ready to file an would you file with out a lawyer
In reality... in most states it's very hard to obtain title via adverse possession and second, yes you need an attorney đ
Is it true that to get adverse possession by tacking that privity must occur on top of meeting the 5 elements also?
It depends on state law... but generally speaking yes. Tacking simply allows two or more parties to combine their time of possession to reach the state required statutory period of time.... the statutory period of time as required by state statute is one of the essential elements of adverse possession. Privity means to utilize tacking,there must be a direct connection between the two or more adverse possessors
Can u get insurance on a house you have possessed or would it have to be renters insurance
If you don't own it then renters insurance is what you would get... and for the price,.... I HIGHLY recommend it!
So what if its residential property but house was demolished but adverse possessor lived on it in rv for the whole statutory time is that ok
Great question... and the mannor of possession is typically not relevent. As long as all that specific states essential elements for adverse possession are met, title can be transferred even if the adverse possessor lived in their RV the entire time
How long in California is a squatter not considered a trespasser anymore?
I don't know specifically about Claifornia squatters rights and adverse possession laws. Sorry :o(
@Bree Yah đĽ 2 years and counting
What is the difference between with color and without color
color of title it appears there is an ownership interest when in fact there in not
I have a CC R regulations obviously. I bought the property because it has that. When I have the property surveyed my neighbors illegal structure which has no permits and is not allowed due to zoning laws was on my property along with her carport by several feet. It's been this way for God knows how long but their agreement that they signed stating that it is not allowed in the neighborhood because of the CC&R rules. What are my chances of getting my property back.
HIRE A GOOD REAL ESTATE ATTORNEY.
Hi I have a quiet title for a property my father owned, and the court riled it fraudulent after y father passed away, my stepmother sister sold with out property authority meaning my stepmother did not have legal standing to put the home in her name, can i recover the home?
Jay sorry to hearing about all these legal issues. The answer is I simply don't know. Without all the fact and details of your individual case AND what the laws and case law is in your state I couldn't begain to tackle this one... I sure hope you get it resolved successfully however. Best of luck and thank you for leaving your question. I wish I could be of more help
This must be taken seriously especially in farm country!
Truth!!!!!!!!!!!!!!!!!!
That's where I live and I'll tell you I didn't watch this to study for an exam. In a state where we're all broke, and there's rediculous amounts of abandoned property, seems legitimately useful knowledge.
HOW AND WHERE TO APPLY FOR QUIET TITLE ACTION
A AA you have to hire an attorney
We bought a new construction home next to a house that was built ten years prior to us. Our state requires 15 years for adverse possession. A few months after we bought it the home next door sold to a new couple. They started coming on my land adjacent to their home but on the other side of our trees. We had the boundary surveyed and installed property line marking posts, then a year later installed a fence. We also did a bunch of work in that are as well planted new trees. We then noticed a buried plastic downspout pipe sticking out of a stream bank 20 feet into our land that we hadnt noticed before. It appears to have been recently weed whacked. Either that or the grass in the stream bank died off. It is connected to the neighbor' house about 100 feet away. He claims no knowledge of that pipe which i don't believe. I asked him to move it -- he seems kind of insulted that I'd want him to move it. Can this qualify for adverse possession if our state allows tacking on and the adjacent home was built 15 years ago? Or is that fact it was buried disqualify it as open and notorious? Can I just dig it up and move it back to his side when he is not looking? And lay it on the ground of his own land right into the same stream it is now sticking into on my side?
It very may qualify under your states adverse possession laws. Before digging anything up I would chat with a real estate attorney in your local area. State laws on these issue can vary SUBSTANTIALLY... in some states you could legally remove it, in other states you would need a court order... hope this helps!
@@TheRealEstateClassroom I did & thanks for the reply. I spoke to three since posting my comment. IN addition to state laws, attorney opinions vary substantially also. One told me if it's your property, act like it's yours and you can remove things from your property. He said that the risk of them suing you because their $100 worth of plastic is now on their property instead of yours would be a frivolous lawsuit and you now have complete, exclusive possession (i.e low risk). Most lawyers would be skeptical about taking on that case for an adverse possessor who got out squatted by a true owner. All three lawyers did agree on one thing: if I send them a letter granting them permission for that pipe and any other buried pipes that may be buried on my land before the 15 year period comes up, and send it certified mail, then hostile qualification ends that day they sign for the letter. The letter is easier and less mean looking. Although they are the mean ones. Thank you .
@@user-uf9xj3wg9h That's awesome you have a plan to proceed with. Boundery line and easement issues can be nasty... Thank you for reaching out
The current owner is unknown. Title search done, previous owner before unknown, cant be found. Taxes are behind 20+years. I have been paying taxes since 2016, established and address, getting mail in my name. What is my next step?
Vacant unclear lot 2.5acres
HIRE A GOOD REAL ESTATE ATTORNEY, HE/SHE SHOULD ASSIST YOU WITH A QUIET TITLE ACTION.
Hello Manning. Itâs been 7 months since your post. Any updates?
My sister sued my mom for quiet title. My mom rented the house to her. Sister made the payments to mortgage in lieu of rent. Does my sister have a case? We're in Los Angeles.
So this situation is well beyond what you need to know for your real estate exam. However, I am not familiar with California specific law regarding adverse possession but in most states such action against family members... especially immediate family members isn't allowed. So my guess is the action would not prevail. Looks like the parties got attorney's involved so that's good. Thank you for the question.... đ
if the owner/parent dies without a will and property becomes escheat, and the child had lived there as if the child owns the property. Pays taxes, occupies the property, maintaining it, etc. Can the child do an adverse possession and quiet title?
The only time a property would far under the doctrine of escheat is if there were absolutely no heirs. In your case, the children would get the house based on your states individual descent laws. Therefore, there would be no reason to do adverse possession. Also, in most states, relatives are prohibited from becoming an adver possessor and obtaining title using adverse possession
I know it sucks they donât teach us what to do when your mother dies and leaves you her house .. in school.. Do you know why? Because the lawyers and the judges .. Want to get their cut. Because more than likely if your like me. I would have to sell my motherâs house to pay their fees. I have been in my motherâs house for 13 years. My brother finally took me to probate court in 2016. My mother had a Will tho. So I won in probate court.. But I still donât know how to get the house in my name. And the country recorder can only give you names of lawyers.. So I just pay the taxes ⌠Because I canât afford an attorney actually I donât want to give them money for something that I should be able to do myself.. But itâs all a secret⌠they donât want us to know this stuff. And also the deed is a trick by our state and federal government to bind us into paying these property taxes⌠because we actually donât own anything if we could lose it for not paying the taxes. Iâm just sayin. Good luck. But donât let anyone tell you that you have to sell the house.. because you donât⌠My family was telling me that.. And my aunt told me to throw the Will in the trash.. I did not.. And it was a valid Will. Like I said I won in court. Praise YHVH!
Have you ever met anyone who became an owner of Real Estate by adverse possession?
I have... 1 time... it was a vacant lot next to his house :o)
I had considered this path after a unethical survey was ran across property i owned for twenty years but instead i hired a verified surveyor to do a new proper honest survey,he informed them of overlap so just waiting for it to be put in record.there are some sleazy realtors out there,Wolfpen partners may qualify,but i keep hearing the phrase (honest mistake)
Who pay the taxes?
Many times the adverse possessor will pay the taxes to show the hostile element of the requirements... in the end, the government does not care who pays the taxes... only that they are paid!
THE ADVERSE POSSESSOR HAS TO IN ORDER TO PROVE HIS/HER CLAIM.
Seems to me your saying that a renter could take possession and we know that is not true. Also it would have to be free of any liens and deed must not be contested. my mother has been dead for 15 years and i pay mortgage and live in house but the county will not let me have the deed until my dead mothers Medical assistance is paid back totally $120,000. The house isnt even with that much conisdering the $60,000 mortgage. i cant take possession in no way
The adverse possessor could in fact take possession and receive title even if all those things you stated in your comment is true. First, possession and obtaing title are 2 seperate things. Second, the adverse possessor can obtain title if the lien holders or those who have interest in the property did not respond to the notices (if required in your state) or the adverse possessor could take title with clouds left on the title.
Is there a phone number to call I need knowledgeable help? Thank you
No lie the info I seek I should pay you for I'd like to know how too use this to get the house like what paperwork would the so called sqatter being me lol need
In reality it's the most inefficient way to get title to a piece of real estate đ
I think adverse possession is absolute garbage! If we own the land, then WE OWN the land. Just because some thief plays a game by trying to steal it, they should NOT be rewarded with OUR property! This sounds like a law written by scumbag scammers, for scumbag scammers!
Well... I can't disagree with you! BUT, folks need to know it for the exam.... thank you for leaving a comment, TennRides!!
@@TheRealEstateClassroom Oh, yes, indeed, and we ALL thank you for it.
They are scums from the beginning- my mortgage was sold a month after I bought my home. Why? I didnât know! I just had to go with it and now Iâm researching and realize that that company that has my information I never authorized it was without my knowledge đŻ and I think the quiet title is where I am at with it
@@adampro1797 The closer I get to getting my Real Estate License, the more I see things that should be against to law. There are also things that should NOT be against the law, that are. It's crazy, but it is what it is. So, if it bothers me enough, I can just stop doing it.
ADVERSE POSSESSION IS A LAW AND AS SUCH WAS MEANT TO BE BENEFICIAL TO THE COMMUNITY TO FORCE OWNERS TO USE THEIR PROPERTY TO ITS MAXIMUM POTENTIAL OR LET OTHERS WHO ARE WILLING TO DO SO!
I have a question if you could try to help me I've been going through this for years but my grandpa left me and my two sisters and three cousins two parcels of land he died in 2001 and I've paid the taxes on the land from 2001 till 2023 I've been living on that land for years and a old house I fixed up that my grandpa left on that property I have a mailbox there that is my physical address how can I obtain this land and get a deed and have my siblings taken off and this is taking place in North Carolina
I see no one has commented on the problem your having with your land, I'm going through the same thing but it's my mom that passed away in 2019,and 2 of my 3 siblings don't want their part of the land but one of those two don't want anything to change and therefore is making it hard for the rest of us to get my mom's name off the property and into each of the five of us, meanwhile my mom's brother, took over a piece of slab that he turned into a storage unit / hang out place and it sits on my mom's property, well my mom didn't make a fuss over it when she was alive, as it's been over 10yrs by now so now about 4 months ago my other uncle has set up a big propane tank on my mom's property and with little money to get a court order to remove their things and a surveyor and a fence built I am just a sitting duck while all of this is happening, plus also my aunt started paying property taxes as soon as she found out I was and she says my mom told her to pay them if she ever passed which I don't believe, but I don't have a good paying job as I'm always living paycheck to paycheck and I wasn't able to keep making the property taxes and she's been paying them as I kinda forgot about making them myself. I feel like I'm the bad guy for always stirring up the water in trying to get my mom's name off the property and put it into my siblings name, I feel like I'm loosing a lost cause as they have money and I'm limited on my resources, I was just wondering how your case went in your situation