Land cousin trying to take from me!

Status
Not open for further replies.

bigsmurf40

New Member
I have a problem. My father died in 1984 and my mom in 1989. They didn't write a will, but left some land to us the children. We never put it in the probate court, but I have paid the land tax every since 1984 until now. Anyway my cousin asked me to buy my land and put his daughter a trailer on it. I told him I didn't want to sell the land and I did not want anyone putting anything on it or using it. Now I am hearing that he is going to clean my land off and put his daughter trailer on it anyway. What can I do to stop him from doing this.
 
You can get in touch with your counties or cities building commish. He cant just put a trailor or do anything else to the property. You should have no problem here as long as the other kids agree with you and depending on whose name the land is in.
 
I have a problem. My father died in 1984 and my mom in 1989. They didn't write a will, but left some land to us the children. We never put it in the probate court, but I have paid the land tax every since 1984 until now. Anyway my cousin asked me to buy my land and put his daughter a trailer on it. I told him I didn't want to sell the land and I did not want anyone putting anything on it or using it. Now I am hearing that he is going to clean my land off and put his daughter trailer on it anyway. What can I do to stop him from doing this.


You can't do anything, until he does something.

But, if he does proceed with his diabolical plan to place a trailer on your land, he will be committing "adverse possession".

Google it, if you want to know more about it in SC (or anywhere).







Here's a definition of it from Black's:

Adverse Possession

Adverse possession is the taking of title to real estate by possessing it for a certain period of time. Title means ownership of real estate. The person claiming title to real estate by adverse possession must have actual possession of it that is open, notorious, exclusive and adverse to the claims of other persons to the title. By its very nature, a claim of adverse possession is hostile to the claims of other persons. It cannot be hidden but must be open and notorious in order to put other persons on notice as to one's claim for possession of the real estate.

A claim to title by adverse possession often must be made under color of title. Color of title means a claim to title by way of a fact which, although on its face appears to support a person's claim to title, is in some way defective and falls short of actually establishing title to the real estate. An example of a claim made under color of title would be a deed whose execution was defective or is in question. Another example is a claim arising from another person's Last Will and Testament. Yet another common example is where two or more persons have received separate deeds to the same parcel of real estate.

Black's Law Dictionary, Fifth Edition.


Here's what your state says about it:
South Carolina: In South Carolina, the duration of such possession is twenty (20) years. South Carolina Code §15-67-210 through 260.


So, if he places a trailer on your property (without your permission) you start by reporting it to the sheriff.

At that point, it isn't "adverse possession", its merely "trespassing".

But, if you fail to act when he starts this "mess", it could become "adverse possession".
 
Last edited:
Thank you and my other 5 siblings all agree that that piece of land is my land and they will go with me if I have to get the law involved with it. The land is still in my father's name, but the land tax comes in care of me and I have paid it every year since 1984. The recepit and the bill all come to my house. My cousin is my fathers nephew, he has his own land, but it will not pass to put a trailer house on it. Since my father died his family acts like we are trash, when he was alive he and my mother helped pay their bills, and take care of them. I think they got mad when we(my father's children), didn't take up where my father left off. Thank you for the advice.
 
Thank you, I will look into the adverse possession and the building commmish in my area. That information has really help me.
 
Status
Not open for further replies.
Back
Top