Legal Question in Real Estate Law in Indiana
Adverse Possession?
In adverse possession I understand that the adverse possessor has to pay the taxes on the land to gain title. Can they use the Classified Habitat program where the taxes are reduced to $1 an acre and say they paid the taxes on it. Also the only thing they do on the property is occasionally ride four wheelers and there is an old fence will this be in their favor also.
1 Answer from Attorneys
Re: Adverse Possession?
The way the Courts have interpreted this provision of payment of taxes requires that you show by the records of the county treasurer and your cancelled checks or receipts that payments were made on the particular land in question. If the claimant can get a lower assessment on the land or a lower tax rate, that would not be important. The important fact is the actual payment. Each case is dependent upon its facts. Occasional use of land to run recreational equipment may not be sufficient to prove adverse possession.
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