Legal Question in Real Estate Law in Virginia
land
the law adverse possession, does it apply to kids and grandkids if grandpaw stayed on the land since 1923 and died in 1980?and never had went to court to take ownership of the property?but payed taxes on the land,and family is still paying.i wont to buy the property but dont know if i go threw them ortry to see if the property owner has any living heirs? know body has seen owner since 1923? need help dont know what road to go down?
2 Answers from Attorneys
Re: land
The right to now claim the property under the law of adverse possession would apply to "grandpaw's kids and grandkids" only if one or more of them
has met all of the requirements of adverse possession, including the requirement of continuous residence on the property for the required number of years.
If the original adverse claimant(the grandfather) died without perfecting his claim, his claim then died with him and is not something which he could pass on to his heirs.
If you're understandably confused regarding the current state of the title of this property which you apparently are interested in buying, you would be well advised to consult first with an attorney in the area who is familiar with the law of real property and related matters.
Re: land
I beg to differ with Mr. Henrickson. Grandpaw's heirs inherited whatever title Grandpaw had; if he had good title (although not of record) by adverse possession, his heirs inherited that good title. Further, the possession by the heir(s) can be "tacked" on to Grandpaw's possession if it remains part of a continuous possession.
If you want to buy out the other interest holders, or sell this land, you will need to quiet title by filing a suit in chancery against all other possible title holders. We have handled this sort of matter and would be pleased to assist with your situation.