Replies to This Discussion

Permalink Reply by Lee White on February 27, 2013 at 12:34

The only thing I have ever heard of is called adverse possession. I recommend consulting with an attorney since laws vary by state.

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Permalink Reply by LN on February 27, 2013 at 12:40

Can you recommend one?

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Permalink Reply by Two Dogs, Pirate on February 27, 2013 at 13:42

You ever heard the old saying that possession is 9/10 of the law? What state are you in?

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Permalink Reply by LN on February 27, 2013 at 14:18

No, what does that mean?  The property is located in DeSoto.

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Permalink Reply by Two Dogs, Pirate on February 27, 2013 at 14:45

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.

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Permalink Reply by robert minton on February 27, 2013 at 14:26

Lee Whiteis right! consult an attorney and stay away from beauty-shop and barber-shop law advisers!

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Permalink Reply by LN on February 27, 2013 at 14:30

Thanks for the advice.

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Permalink Reply by Lee White on February 27, 2013 at 18:24

LN:

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.

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Permalink Reply by Max on February 28, 2013 at 3:41

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. 

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Permalink Reply by VSC DeSoto South on March 3, 2013 at 4:34

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? 

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Permalink Reply by Dash Riprock lll on March 2, 2013 at 7:02

Had a somewhat similar situation and so charged $5.00 a month in rent to head off any such attempt. I think there is also something called a "quit claim" which you can ask the person to sign preventing any such issue from arising. Should check with attorney.

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Permalink Reply by adubu on March 2, 2013 at 15:49

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.

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