What can my mother do about the land she sold that has not been maintained or taxes paid?
Full Question:
Answer:
Adverse possession is a means by which someone may acquire title to the land of another through certain acts over a defined period of time. Such acts must continue uninterrupted for the time period defined by state laws, which vary by state. In general, the acts of possession must be overt, hostile, exclusive, uninterrupted, and under a claim of right, etc., so as to give the owner or others claiming entitlement to possession notice and an opportunity to counter the adverse possession.
Payment of real property taxes and making improvements (such as paving or fencing) for the statutory period, which varies by state, are evidence of adverse possession but cannot be used by a claimant with no claim to title other than possession. Those who seek to dispute a claim of adverse possession may bring an action to quiet title.
Claims of adverse possession are often hotly contested. State statutes govern the requirements for an adverse possession claim. There are often several statutes which may apply, depending on the type of land, i,e, private, public, forest lands, as well as statutes defining exceptions, so local laws need to be consulted for applicable requirements in your area.
Oregon Law
To establish ownership by adverse possession under the common law, a party must show clear and convincing proof of actual, open, notorious, exclusive, continuous, and hostile possession of the property for a ten-year period. Davis v. Parke, 135 Or App 283, 286, 898 P2d 804, rev den, 321 Or 560 (1995). To establish ownership by adverse possession under ORS 105.620, a party must prove the common-law elements and also that the possession was taken under an honest belief that the person was the owner of the property, that that belief continued throughout the vesting period, and that the belief had an objectively reasonable basis. The party seeking to quiet title under ORS 105.620 must prove each of those elements by clear and convincing evidence. ORS 105.620(1)(c). Clear and convincing evidence means evidence that makes a fact in issue "highly probable." Riley Hill General Contractor, Inc. v. Tandy Corp., 303 Or 390, 402, 737 P2d 595 (1987).
ORS 105.620 applies only to those adverse possession claims that are filed and interests that vest after January 1, 1990. Or Laws 1991, ch 109, B' 3; Markovich v. Chambers, 122 Or App 503, 506, 857 P2d 906 (1993). It is unclear from the record when plaintiffs contend that their interest in the disputed strip vested. However, as they pertain to this case, the elements of adverse possession are identical under ORS 105.620 and the common law.