Legal Question in Real Estate Law in Washington
own houses but not land
when my fathers step dad died 35 years ago him my dad and my grandmother all lived on 2.5 acres with 2 houses and 2 garages he left the houses and garages to my grandmother and the property they're on to her untill she died then it was to go to my dads step brother and sister,(only the land not the houses) in april of 2006 my grandma passed and she left the houses and garages to my dad but last week his step brother showed up and wants my family to sign a rental agreemant with all sorts of rules saying we cant pain our houses and we can only have 2 people live on the property ect ect and pay $500 a month lot rent or $90 thousand for the property even though it is only vallued at around $30 thousand. my father talked to his step sister and she told him she didnt want the land anymore considerin shes in her 80s and lives in texas. neither her or her brother have even been to the property in the past 35 years. in that time the taxes have been paid by us. my question is considering all this and the fact my dad legaly owns the buildings is there anything we can do besides paying $60,000 more than market value to keep our property?
1 Answer from Attorneys
Re: own houses but not land
Yes. You can contact a lawyer. You have a claim to quiet title.
You have lived there and paid the taxes for longer than seven years.
There are seven elements of adverse possession - your possession has to be open, notorious, actual, exclusive, hostile (that is a term of art) and under claim of right for seven years.
I'd have to see the will to say for sure,though. But you say your father, claiming through his mother (tacking) has lived on this property for 35 years?
Don't start paying rent to your step uncle until you talk to a lawyer. Don't pay your step uncle ANY money to "purchase" the property either, because it is highly possible it is all ready yours.
If you would say what county you are in I may be able to refer you to somebody.
Hope this helps. Elizabeth Powell
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