There is a person(s) living on our family property. Is there such a thing as a squatter's law that would allow them to gain part ownership on the land if they live there for a certain amount of time?
A relative died and left no will. Is a death certificate needed in order to complete a Judgment Of Possession for her property and also to complete an Affidavit of Heirship?
The only thing I have ever heard of is called adverse possession. I recommend consulting with an attorney since laws vary by state.
Can you recommend one?
You ever heard the old saying that possession is 9/10 of the law? What state are you in?
No, what does that mean? The property is located in DeSoto.
I am no attorney but if you have adverse using and possessing something in Louisiana for 30 years you may have a problem getting it back.
Lee Whiteis right! consult an attorney and stay away from beauty-shop and barber-shop law advisers!
Thanks for the advice.
I don't know any attorneys in your area, but you may want to post something asking if anyone knows an attorney in that area that deals with your issue.
There are a lot of very knowledgeable people on here and people that have been around the block a few times. Much more knowledgeable than I am especially when it comes to land and land rights to include mineral rights.
LN, your squatter may have read the following:
Art. 3486. Ownership and other real rights in immovables may be acquired by the prescription of thirty years without the need of just title or possession in good faith. [Acts 1982, No. 187, §1, eff. Jan. 1, 1983]
The squatter would have to show that he has lived/procession of the immovable, uninterrupted for 30 years. This procession has to be public knowledge, (Old man John Doe has lived in that shack down there for as long as I can remember) and, did the squatter maintain the property or make any improvements?
LN, you have to move on this now and not wait around, and, you have to have an attorney.
Does this also mean the 30 year squatter owns the mineral rights? Is it really sqatting if the property ownership title is still in the family name. What if the people living on the property are just questionable (i.e. an out of wedlock offspring's descendents) heirs? I think since the family name is still on the title at the parish recorder's and the tax office, there is no problem, right? The main thing is to locate all of the heirs, in or out of wed lock correct?
LN--- since no one will give you attorneys name then do the old fasion thing--- Look in the Yellow pagers listing of near by town under Attorneys--- go to court house and copy last know title owner of your family on property in question and share with attorney who can check futher title run on property. Then with attorneys help you can get death certificate, affidavit of heirship, and what ever more the attorney need to get property deeded in correct owner name today and filed. You must have attorney but you can do some foot work to get documents needed by attorney in advance.